CONRED 2.5 Consumer redress scheme: case review

A firm:

1. (1)

   in respect of any scheme case where the firm has received an opt-in by 22 July 2013, must take the steps set out in this section by 9 December 2013; and

2. (2)

   in respect of any scheme case where the firm has received an opt-in later than 22 July 2013, must take the steps set out in this section if the consumer's failure to comply with that time limit was caused by exceptional circumstances; in such a case, the deadline in (1) is extended according to the length of the delay caused by the consumer's failure to comply with the time limit.

1. (1)

   For any scheme case where the firm has received an opt-in, but the firm, does not consider CONRED 2.5.1R (2) requires it to take the steps set out in this section, and does not intend to do so, the firm must send the consumer a redress determination in the form set out in CONRED 2 Annex 6 R within 14 days of receiving the opt-in.

2. (2)

   For any opted-in scheme case, the firm must send the consumer, within 14 days of receiving the opt-in, a letter in the form set out in CONRED 2 Annex 7 R.

The first step is to carry out a review (a case review) of each opted-in scheme case, by completing the template at CONRED 2 Annex 12 R, in accordance with the rules set out in the instructions at CONRED 2 Annex 13 .

1. (1)

   The second step applies only in respect of an opted-in scheme case where a firm has attempted to comply with the first step (CONRED 2.5.4 R) but does not have sufficient information to determine all of the following matters:

   1. (a)

      whether it has failed to comply with any of the suitability requirements specified at paragraph 5.1R of CONRED 2 Annex 13 ;

   2. (b)

      if so, whether that failure has caused loss or damage to the consumer; and

   3. (c)

      if so, what the redress should be in respect of its failure.

2. (2)

   The second step is to:

   1. (a)

      send the consumer a letter in the form set out in CONRED 2 Annex 8 R;

   2. (b)

      if no reply is received by the firm within four weeks of a letter in (a) being dispatched, the firm must send a letter to the consumer, within one further week, in the form set out in CONRED 2 Annex 9 R, and take all reasonable steps to contact the consumer by other means; and

   3. (c)

      if a reply is received from a consumer but the information it contains is insufficient to determine all the matters in (1), the firm should take all reasonable steps to obtain further information from the consumer.

[Note: see also CONRED 2.8.7 R.]

A firm which, having carried out the second step, has acquired sufficient information to determine all of the outstanding matters must then complete the first step (CONRED 2.5.4 R).

Where a firm has carried out the second step in relation to an opted-in scheme case (falling within CONRED 2.4.2 R) but still does not have sufficient information to determine all of the outstanding matters, the opted-in scheme case no longer falls within the subject matter of the consumer redress scheme created by this chapter. The firm must send the consumer a letter in the form set out in CONRED 2 Annex 10 R promptly on completion of the second step.

The third step is to send the consumer a redress determination in the form of the letter set out in CONRED 2 Annex 11 R in respect of each opted-in scheme case.

The FCA may (on giving notice to the firm) take any of the steps in CONRED 2.3 to CONRED 2.5, instead of the firm, or may appoint one or more competent persons to do so on behalf of the FCA, if there is a material failure by the firm to take any of the actions required under this chapter, including where the firm informs the FCA that it is unable or unwilling to take any of those actions because to do so would be in breach of a condition of its professional indemnity insurance. In such a case, the firm must:

1. (1)

   not carry out (or, as the case may be, continue) any of the steps to be taken by the FCA or competent person, unless so directed by them; and

2. (2)

   render all reasonable assistance to the FCA or competent person (but any assistance, the rendering of which would invalidate the firm's professional indemnity insurance, is not reasonable for the purposes of this rule).

If, where the FCA or a competent person takes any steps under CONRED 2.5.12 R, the FCA proposes to make any determination of:

1. (1)

   whether a failure by a firm has caused loss to a consumer; or

2. (2)

   what the redress should be in respect of the failure;

the FCA must give the firm a warning notice specifying the proposed determination.

1. (1)

   If the FCA decides to make a determination of the matters in CONRED 2.5.14 R, the FCA must give the firm a decision notice specifying the determination.

2. (2)

   If the FCA decides to make such a determination, the firm may refer the matter to the Tribunal.

Part 26 of the Act (including the provisions as to final notices) applies in respect of notices given under CONRED 2.5.14 R and CONRED 2.5.15 R.