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You are viewing the version of the document as on 2024-02-27.

FEES 5.5B Case fees

Application

FEES 5.5B.1RRP
FEES 5.5B.2GRP

VJ participants are included as a result of DISP 4.2.6 R.

FEES 5.5B.3RRP

Any firm falling into either industry block 13 or industry block 15 in FEES 5 Annex 1 R is not required to pay any case fee in respect of chargeable cases relating to those industry blocks.

FEES 5.5B.4GRP

The firms in industry blocks 13 and 15 are cash plan health providers and small friendly societies. The case fee exemption takes into account that the amount in issue is likely to be small relative to the case fee.9

FEES 5.5B.5RRP

A credit union or a community finance organisation9 which is subject to the minimum levy in an industry block is not required to pay any case fee in respect of chargeable cases relating to that industry block.

FEES 5.5B.6GRP

Arrangements similar to those for firms in industry blocks 13 and 15 have been made for small credit unions under FEES 5.5B.5 R.

FEES 5.5B.7RRP
  1. (1)

    Any of the following persons which is exempt under DISP 1.1.12R is also exempt from FEES 5.5B:1

    1. (a)

      a firm;1

    2. (b)

      a payment service provider;1

    3. (c)

      an electronic money issuer; 2

      1
    4. (d)

      a designated credit reference agency; and2

      1
    5. (e)

      2a designated finance platform.

  2. (2)

    However, a person will only be exempt from FEES 5.5B in any financial year if it met the conditions in DISP 1.1.12R on 31 March of the immediately preceding financial year.1

Purpose

FEES 5.5B.8RRP

The purpose of FEES 5.5B is to set out the requirements on respondents to pay fees in relation to cases referred to the Financial Ombudsman Service.

FEES 5.5B.9RRP

These fees are towards funding the Financial Ombudsman Service, and are invoiced and collected directly by the FOS Ltd.

FEES 5.5B.10GRP

In each of the Financial Ombudsman Service's jurisdictions, the annual budget reflects the total expected to be raised by levies plus the total expected to be raised by case fees for the relevant financial year.

FEES 5.5B.11GRP

The amount of the case fees will be subject to consultation each year.

Standard case fee

FEES 5.5B.12RRP

A respondent must pay to the FOS Ltd the standard case fee specified in FEES 5 Annex 3R Part 1 in respect of each chargeable case relating to that respondent which is closed by the Financial Ombudsman Service during a financial year (regardless of when the chargeable case was referred to the Financial Ombudsman Service)7, unless the respondent is identified as part of a charging group as defined in FEES 5 Annex 3R Part 3.

FEES 5.5B.13GRP

The exclusion of respondents that are identified as part of a charging group as defined in FEES 5 Annex 3R Part 3 applies only from 1 April 2013. Those respondents continue to be liable for the standard case fee under FEES 5.5B.12 R in respect of chargeable cases closed by the Financial Ombudsman Service before 1 April 2013.

FEES 5.5B.14RRP

But a respondent will only be liable for, and the FOS Ltd will only invoice for, the standard case fee in respect of the 4th 8and subsequent chargeable cases which are closed by the Financial Ombudsman Service7 in any financial year.

FEES 5.5B.15GRP

Until 31 March 2004 a standard case fee was payable for every chargeable case. From 1 April 2004 to 31 March 2005 the standard case fee7 was payable for the third and subsequent chargeable cases. From 1 April 2005 to 31 March 2013 the standard case fee was payable for the fourth and subsequent chargeable cases. From 1 April 2013 to 31 March 2022 the standard case fee was payable for the twenty-sixth and subsequent chargeable cases. 8FEES 5.5B.12 R does not apply retrospectively to financial years before 1 April 2013.

FEES 5.5B.16RRP

A respondent must pay to the FOS Ltd any standard case fee which it is liable to pay under FEES 5.5B and which is invoiced by the FOS Ltd within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

Supplementary Case fee 8[deleted]

FEES 5.5B.17RRP

[deleted]8

FEES 5.5B.18GRP

[deleted]8

FEES 5.5B.19RRP

[deleted]8

Special case fee

FEES 5.5B.20RRP

If the respondent is identified as part of a charging group as defined in FEES 5 Annex 3R Part 3, the charging group must pay the special case fee calculated under FEES 5 Annex 3R Part 4 (from 1 April 2013) instead of the respondent paying the standard case fee.

FEES 5.5B.21RRP

The FOS Ltd:

  1. (1)

    will invoice the special case fee as described in FEES 5 Annex 3R Part 4; and

  2. (2)

    may invoice the relevant charging group through any of the individual respondents in the relevant charging group.

FEES 5.5B.22RRP

A charging group must pay to the FOS Ltd any special case fee (including any year-end adjustment) as described in FEES 5 Annex 3R Part 4 within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

FEES 5.5B.23RRP

In respect of the special case fee, individual respondents are jointly and individually liable for the obligations of the charging group of which they are identified as forming part in FEES 5 Annex 3R Part 3.

Leaving the Financial Ombudsman Service

FEES 5.5B.24RRP

Where a respondent ceases to be a firm, payment service provider, electronic money issuer, CBTL firm, 6a designated credit reference agency, a designated finance platform, VJ participant or claims management company3 (as the case may be) part way through a financial year it will remain liable to pay case fees under FEES 5.5B in respect of cases within the jurisdiction of the Financial Ombudsman Service.

215

Late payment of case fees

FEES 5.5B.25RRP

If a respondent does not pay a case fee payable under FEES 5.5B in full to the FOS Ltd before the end of the date on which it is due, that respondent must pay to the FOS Ltd in addition:

  1. (1)

    an administrative fee of £250; plus

  2. (2)

    interest on any unpaid amount at the rate of 5% per annum above the Official Bank Rate from time to time, accruing on a daily basis from the date on which the amount concerned became due.

FEES 5.5B.26GRP

The FOS Ltd may take steps to recover any money owed to it (including interest).

Time limit for making a claim for the remission or repayment of case fees

FEES 5.5B.27RRP

In relation to any case fee which was invoiced by FOS Ltd under FEES 5.5B on or after 1 April 2023, no claim for the remission or repayment of all or part of the case fee (or any interest or administrative fee due under FEES 5.5B.25R in relation to it) may be made to FOS Ltd more than 1 year after the date on which the case fee was invoiced (irrespective of when or whether the amounts in question were paid to FOS Ltd).9

FEES 5.5B.28RRP

In relation to a case fee which was invoiced by FOS Ltd under FEES 5.5B before 1 April 2023, and subject to any rule of law prescribing a shorter time period for making such a claim, no claim for the remission or repayment of all or part of the case fee (or any interest or administrative fee due under FEES 5.5B.25R in relation to it) may be made to FOS Ltd on or after 31 March 2024 (irrespective of when or whether the amounts in question were paid to FOS Ltd).9

FEES 5.5B.29RRP

The FOS Ltd may allow a claim to be made outside the time limits prescribed in FEES 5.5B.27R and FEES 5.5B.28R if it is satisfied that the failure to make a claim within the time limits prescribed was as a result of exceptional circumstances.9