Home FCA Handbook DISP DISP 1 DISP 1.4 Complaints resolution rules
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DISP 1.4 Complaints resolution rules

Investigating, assessing and resolving complaints

01/09/2011R

Once a complaint has been received by a respondent, it must:

  1. (1)

    investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;

  2. (2)

    assess fairly, consistently and promptly:

    1. (a)

      the subject matter of the complaint;

    2. (b)

      whether the complaint should be upheld;

    3. (c)

      what remedial action or redress (or both) may be appropriate;

    4. (d)

      if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint;

taking into account all relevant factors;

  1. (3)

    offer redress or remedial action when it decides this is appropriate;

  2. (4)

    explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress; and

  3. (5)

    comply promptly with any offer of remedial action or redress accepted by the complainant.

27/09/2019G

Factors that may be relevant in the assessment of a complaint under DISP 1.4.1R (2) include the following:

  1. (1)

    all the evidence available and the particular circumstances of the complaint;

  2. (2)

    similarities with other complaints received by the respondent;

  3. (3)

    relevant guidance published by the FCA, other relevant regulators, the Financial Ombudsman Service or former schemes; and

  4. (4)

    appropriate analysis of decisions by the Financial Ombudsman Service concerning similar complaints received by the respondent (procedures for which are described in DISP 1.3.2A G).

01/11/2007G

The respondent should aim to resolve complaints at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service.

Co-operating with the Financial Ombudsman Service

01/11/2007R

Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.

17/03/2026G

Full co-operation with the Financial Ombudsman Service includes, as appropriate, complying with directions on evidence or requests for information from the Financial Ombudsman Service required to assess a complaint.

Mortgage endowment complaints

06/04/2008G

DISP App 1 contains guidance to respondents on the approach to assessing financial loss and appropriate redress where a respondent upholds a complaint concerning the sale of an endowment policy for the purposes of repaying a mortgage.

Payment protection insurance complaints

29/08/2017G

DISP App 3 sets out the approach which respondents should use in assessing complaints relating to the sale of payment protection contracts and determining appropriate redress where a complaint is upheld. It also requires firms to send a written communication to complainants in certain circumstances (see DISP App 3.11).