FCA Handbook - CONRED 2.8 Provisions relating to communications with consumers

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CONRED 2.8 Provisions relating to communications with consumers

Whenever a firm is required by a provision of this chapter to send a letter in a form set out in an Annex, it must do so enclosing any documents referred to, following the instructions in the standard form set out in the relevant Annex, complying with any instructions in that Annex to insert, delete, select or complete text.

All letters to consumers required under this chapter must be printed on the letterhead of the firm and dispatched by recorded delivery mail.

(1)
Where a firm becomes aware that the contact details it holds for a customer (or consumer) are out of date, it must take all reasonable steps to obtain up-to-date contact details and, where appropriate, resend any letter and repeat the steps to contact the customer (or consumer) required by this chapter.
(2)
If, having complied with (1), a firm is unable to contact a customer (or consumer), it need not take any further action pursuant to this chapter in relation to that customer (or consumer) unless (3) applies.
(3)
If, in reliance on (2), the firm has ceased taking action but subsequently becomes aware of up-to-date contact details for that customer (or consumer), the firm must, where appropriate, resend any letter and repeat the steps to contact the customer (or consumer) required by this chapter. Each applicable deadline for those actions by the firm is extended according to the length of the delay incurred by the application of (2).

The reasonable steps in CONRED 2.1.3R (1) might include checking public sources of information, but without incurring excessive cost.

The reasonable steps in CONRED 2.5.7R (2)(b) might include attempting to contact the consumer by telephone (at a reasonable hour when the consumer is likely to be available to receive the call) or by email.

A firm must not make any communication to a consumer which seeks to influence, for the benefit of the firm, the outcome of the processes undertaken pursuant to this chapter, either by seeking to influence the content of information provided by the consumer in response to the firm's requests made under CONRED 2.5.7 R or otherwise.

A firm must tailor the questionnaire at CONRED 2 Annex 8 R so that it does not request more information than is sufficient for it to determine all of the outstanding matters.