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.
Pension Transfers – considering a workplace pension
Alistair MacDougall Compliance Defined Benefit, FCA, Pension, Pension Transfer, PI, Switch, transfer
We recently reviewed a pension transfer report where the client was recommended to transfer out of the defined benefit scheme into the client’s pre-existing SIPP. We considered that the recommendation to transfer appeared to be appropriate. However, the client had what the FCA calls an ‘available qualifying scheme’, more commonly referred to as a […]