Related provisions for FEES 5.5B.17
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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.
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.
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) an administrative fee of £250; plus(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.
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
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
The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FCA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service.This Chapter4 also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.44
The following provisions and rules in FEES apply to VJ participants as part of the standard terms, but substituting 'VJ participant' for 'firm’ and ‘annual levy specified in FEES 5 Annex 2R’ for ‘general levy’:(1) FEES 2.2.1 R (late payment) but substituting 'FOS Ltd' for 'the FCA';1919(2) FEES 2.3.1 R and 2.3.2 R (remission of fees);(3) [deleted]22(4) FEES 5.3.6 R (general levy) but substituting:(a) 'Voluntary Jurisdiction' for 'Compulsory Jurisdiction' ; and(b) 'FOS Ltd' for
(1) The following enable the FCA to charge fees to cover its costs and expenses in carrying out its functions:13(a) paragraph 23 of Schedule 1ZA of the Act;13(b) regulation 92 of the Payment Services Regulations;13(c) regulation 59 of the Electronic Money Regulations;13(d) article 25(a) of the MCD Order;1513(e) regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations. 13(f) regulation 18 of the Small and Medium Sized Business (Finance Platforms)
The key components of the FCA12fee mechanism (excluding the FSCS5levy, the FOS5 levy and case fees16 which are dealt with in FEES 5 and16FEES 616)5 are:55555(1) a funding requirement derived from:(a) the FCA’s12financial management and reporting framework;(b) the FCA’s12budget; and(c) adjustments for audited variances between budgeted and actual expenditure in the previous accounting year, and reserves movements (in accordance with the FCA’s12reserves policy);(2) mechanisms for
444422(1) From 1 April 2025, a new definition of relevant business is introduced. This new definition applies in relation to business done with all types of eligible complainant described in DISP 2.7.3R. Firms must use this new definition for any relevant business conducted from 1 April 2025 onwards.14(2) Where the pre-April 2025 Glossary definition of relevant business applies (ie, to relevant business of a firm up until 31 March 2025):14(a) a firm should not provide a statement