Related provisions for DISP 1.3.2
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The explanation given by MiFID investment firms to clients or potential clients in accordance with DISP 1.1A.25UK2 must also: (1) refer to the fact that the complainant has made a MiFID complaint and inform the complainant that the MiFID investment firm now considers the MiFID complaint to have been resolved;(2) inform the complainant that if, still dissatisfied with the resolution of the MiFID complaint, the complainant may be able to refer it to the Financial Ombudsman Service; (3)
On receipt of a MiFID complaint, a MiFID investment firm must:(1) send the complainant a prompt written acknowledgement providing early reassurance that it has received the MiFID complaint and is dealing with it; and (2) ensure the complainant is kept informed thereafter of the progress of the measures being taken for the MiFID complaint’s resolution. [Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.6.1R.]
The following rules do not apply to a complaint that is resolved by a respondent by close of business on the third 811business day following the day on which it is received811:(1) the complaints time limit rules; and98811(2) the complaints forwarding rules.811(3) [deleted]8116(4) [deleted]81176(5) [deleted]8116
811In addition to sending a complainant a summary resolution communication, a respondent may also use other methods to communicate the information referred to in DISP 1.5.4R(1) to (5) where–(1) the respondent considers that doing so may better meet the complainant’s needs; or(2) the complainant and respondent have already been using another method to communicate about the complaint.
Where the subject matter of a complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000, the complaints resolution rules, the complaints time limit rules, the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9 will apply only if the complaint is about the outcome of the review.9
On receipt of a complaint, a respondent must:(1) send the complainant a prompt written acknowledgement providing early reassurance that it has received the complaint and is dealing with it; and(2) ensure the complainant is kept informed thereafter of the progress of the measures being taken for the complaint's resolution.
(1) In contrast to the other provisions in DISP 1 which generally apply only to complaints from eligible complainants, the complaints reporting directions apply in addition to complaints from payment service users that are not eligible complainants.(2) Payment service providers are reminded that regulation 101 of the Payment Services Regulations contains requirements relating to complaints resolution procedures applicable to complaints from payment service users that are not eligible
When completing the return, the respondent should take into account the following matters.(1) If a complaint could fall into more than one category, the complaint should be recorded in the category which the respondent considers to form the main part of the complaint.(2) Under DISP 1.10B.7D(2)(a), a respondent should report information relating to all complaints which are closed and upheld within the relevant reporting period, including those resolved under DISP 1.5 (Complaints
For the purposes of CREDS 9.2.4 R:(1) a complaint received on any day other than a business day, or after close of business on a business day, may be treated as received on the next business day; and(2) a complaint is resolved where the complainant has indicated acceptance of a response from the credit union, with neither the response nor acceptance having to be in writing.
Once a complaint has been received by a respondent, it must:(1) investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;59(2) assess fairly, consistently and promptly:(a) the subject matter of the complaint;(b) whether the complaint should be upheld;(c) what remedial action or redress (or both) may be appropriate;(d) if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or
A firm, 6a payment service provider or an e-money issuer,5 must keep a record of each complaint received and the measures taken for its resolution, and retain that record for:3245(1) at least five years where the complaint relates to4collective portfolio management services for a UCITS scheme or a scheme which, immediately before IP completion day7,6 or an EEA UCITS scheme; and32(2) three years for all other complaints;3from the date the complaint was received.3Note:4 article
19The Ombudsman can only consider a complaint if:(1) the respondent has already sent the complainant its final response or summary resolution communication; or51212(2) in relation to a complaint that is not an EMD complaint or a PSD complaint,8 eight weeks have elapsed since the respondent received the complaint; or3(2A) in relation to a complaint that is an EMD complaint or a PSD complaint:8(a) 15 business days have elapsed since the respondent received the complaint and the
For the purposes of DISP 1.10.2R, DISP 1.10.2-AR13, DISP 1.10.2AR and DISP 1.10.2BR,13 when completing the return, the firm should take into account the following matters.106174(1) If a complaint could fall into more than one category, the complaint should be recorded in the category which the firm considers to form the main part of the complaint.10(2) Under DISP 1.10.2R(1)(b), DISP 1.10.2R(2)(b), DISP 1.10.2-AR or DISP 1.10.2BR(2),13 a firm should report information relating
The816 summary details concerning internal complaints handling procedures 816should cover at least:816(1) how the respondent fulfils its obligation to handle and seek to resolve relevant complaints; and(2) (where the complaint falls within the jurisdiction of the Financial Ombudsman Service)7 that, if the complaint is not resolved, the complainant may be entitled to refer it to the Financial Ombudsman Service.