FCA Handbook - DISP 1.5 Complaints resolved by close of the third business day

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DISP 1.5 Complaints resolved by close of the third business day

The following rules do not apply to a complaint that is resolved by a respondent by close of business on the third business day following the day on which it is received:

(1)
the complaints time limit rules; and
(2)
the complaints forwarding rules.
(3)
[deleted]
(4)
[deleted]
(5)
[deleted]

Complaints falling within this section are still subject to the complaints resolution rules.

When a complaint is resolved

A complaint is resolved where the complainant has indicated acceptance of a response from the respondent, with neither the response nor acceptance having to be in writing.

Summary resolution communication

Where the respondent considers a complaint to be resolved under this section, the respondent must promptly send the complainant a ‘summary resolution communication’, being a written communication from the respondent which:

(1)
refers to the fact that the complainant has made a complaint and informs the complainant that the respondent now considers the complaint to have been resolved;
(2)
tells the complainant that if he subsequently decides that he is dissatisfied with the resolution of the complaint he may be able to refer the complaint to the Financial Ombudsman Service;
(3)
indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R;
(4)
provides the website address of the Financial Ombudsman Service; and
(5)
refers to the availability of further information on the website of the Financial Ombudsman Service.

[Note: article 13 of the ADR Directive]

The information regarding the Financial Ombudsman Service required to be provided in a summary resolution communication should be set out clearly, comprehensibly, in an easily accessible way and prominently, within the text of those responses.

A respondent may, where relevant, in a summary resolution communication (DISP 1.5.4R) refer to the availability of the Pensions Ombudsman, in addition to the Financial Ombudsman Service, by including the wording set out in DISP 1 Annex 4G.

In addition to sending a complainant a summary resolution communication, a respondent may also use other methods to communicate the information referred to in DISP 1.5.4R(1) to (5) where–

(1)
the respondent considers that doing so may better meet the complainant’s needs; or
(2)
the complainant and respondent have already been using another method to communicate about the complaint.

An example of DISP 1.5.6G(1) may be where a respondent is aware that a complainant is visually impaired. An example of DISP 1.5.6G(2) may be where a respondent has been communicating with a complainant about a complaint by telephone.