Firms are entitled to handle some complaints less formally and without sending a final response letter. Such complaints would typically be of an administrative nature, rather than where the suitability of advice is being questioned.
Up until 30/06/2016, such complaints had to be resolved within one business day and no formal communication was required.
However, from 30th June 2016, such complaints must be resolved by the close of business on the third business day following the date of receipt of the complaint. (Consider the date of receipt as being day zero and you have business days 1-3 to deal with the complaint).
You must also send a Summary Resolution Communication to the complainant, effectively a brief letter stating that, as far as the firm is concerned, the complaint is resolved. However, this must include the complainant’s right to refer to FOS if not satisfied.
Furthermore, firms must report all complaints to the FCA, including those handled within three business days. Complaints reporting will now be required twice a year.
Even though these complaints can be treated less formally, you should still keep good records of conversations and documentation involved in case the same complainant revives the complaint at a later date.
PI insurers should be notified.
Financial protection post-BREXIT
Huw Reynolds Compliance 2020, 2021, complaints, EEA, EU, FCA, FOS, FSCS, protection, Update
In December 2020, we reminded readers about the expected changes to FSCS protection after the EU withdrawal period ended on 31 December. You can read that article here. The transition did end when expected and with last minute agreement on a trade deal, which was not so certain. However, the agreement did not cover financial […]