DISP App 5.2 Complaint handling rules in respect of a relevant motor finance DCA complaint and a motor finance non-DCA complaint

(1)

 This rule applies in respect of a relevant motor finance DCA complaint:

1. (a)

    that is received by the respondent in the period beginning with 17 November 2023 and ending with 31 May 2026; and

2. (b)

    in relation to which a final response has not been sent.

(2)

 For the purpose of calculating the eight-week period in:

1. (a)

   DISP 1.6.2R;

2. (b)

   DISP 1.6.7G;

3. (c)

   DISP 2.8.1R(2); and

4. (d)

   DISP 2.8.1R(4)(a),

time is to be treated as not running for the period beginning with 11 January 2024 and ending with 31 May 2026.

(3)

 The three-year period in DISP 1.9.1R(2) (Complaints record rule) is to be treated as not running for the period beginning with 11 January 2024 and ending with 31 May 2026.

(1)

 This rule applies in respect of a motor finance non-DCA complaint:

1. (a)

    that is received by the respondent in the period beginning with 26 October 2024 and ending with 4 December 2025;

2. (b)

    where the complaint:

   1. (i) relates in whole or part to a regulated credit agreement; and
   2. (ii) does not relate to a regulated consumer hire agreement; and
3. (c) in relation to which a final response has not been sent.

1. (a) that is received by the respondent in the period beginning with 5 December 2025 and ending with 31 May 2026; and
2. (b) in relation to which a final response has not been sent.

(2)

 For the purpose of calculating the eight-week period in:

1. (a)

   DISP 1.6.2R;

2. (b)

   DISP 1.6.7G;

3. (c)

   DISP 2.8.1R(2); and

4. (d)

   DISP 2.8.1R(4)(a),

time is to be treated as not running for the period beginning with 26 October 2024 and ending with 31 May 2026.

(3)

 The three-year period in DISP 1.9.1R(2) (Complaints record rule) is to be treated as not running for the period beginning with 26 October 2024 and ending with 31 May 2026.

1. (a) that is received by the respondent in the period beginning with 26 October 2024 and ending with 4 December 2025;
2. (b) where the complaint relates to a regulated consumer hire agreement; and
3. (c) in relation to which a final response has not been sent.

1. (a) DISP 1.6.2R;
2. (b) DISP 1.6.7G;
3. (c) DISP 2.8.1R(2); and
4. (d) DISP 2.8.1R(4)(a),
5. time will continue to run on or after 5 December 2025.

(1)

 This rule applies where a final response to a motor finance non-DCA complaint (as defined in DISP App 5.1.3AR) is sent in the period beginning with 21 June 2024 and ending with 29 January 2026.

(2)

 If a final response is sent in the period beginning with 21 June 2024 and ending with 29 April 2025, DISP 2.8.2R(1) is modified so that the Ombudsman cannot consider a complaint if it is referred to the Financial Ombudsman Service on or after 30 July 2026.

(3)

 If a final response is sent in the period beginning with 30 April 2025 and ending with 29 January 2026, DISP 2.8.2R(1) is modified so that the Ombudsman cannot consider a complaint if it is referred to the Financial Ombudsman Service more than fifteen months after the date on which the respondent sent the complainant its final response.

(1)

 A respondent must update any information it has published pursuant to DISP 1.2.1R(1) as soon as is practicable to:

1. (a)

    inform consumers of the pause to time limits for a final response to a relevant motor finance DCA complaint and a motor finance non-DCA complaint as set out in DISP App 5.2.1R(2) and DISP App 5.2.1BR(2); and

2. (b)

    refer them to fca.org.uk/carfinance, which explains the reason for the pause.

(2)

 This rule applies until 23:59 on 26 July 2026.

(1)

 This rule applies where a respondent:

1. (a)

    received a relevant motor finance DCA complaint in the period beginning with 17 November 2023 and ending with 25 September 2024; and

2. (b)

    has not sent a final response in relation to that complaint.

(2)

 A respondent must:

1. (a)

    promptly inform the complainant in writing of the extension to the pause to time limits as set out in DISP App 5.2.1R(2); and

2. (b)

    direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

(1)

 This rule applies where a respondent receives a relevant motor finance DCA complaint in the period beginning with 26 September 2024 and ending with 4 December 2025.

(2)

 When a respondent sends a written acknowledgement in accordance with DISP 1.6.1R(1), they must also:

1. (a)

    inform the complainant in writing of the pause to the time limits as set out in DISP App 5.2.1R(2); and

2. (b)

    direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

1. (a) promptly inform the complainant in writing of the extension to the pause to time limits as set out in DISP App 5.2.1R(2); and
2. (b) direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

(1)

 This rule applies where a respondent receives a motor finance non-DCA complaint in the period beginning with 26 October 2024 and ending with 4 December 2025.

(2)

 Where a respondent has on or before 19 December 2024 sent a written acknowledgement in accordance with DISP 1.6.1R(1), but has not sent a final response in accordance with DISP 1.6.2R(1), the respondent must:

1. (a)

    promptly inform the complainant in writing of the pause to the time limits as set out in DISP App 5.2.1BR(2); and

2. (b)

    comply with (4).

(3)

 Where a respondent has not, on or before 19 December 2024, sent a complainant a written acknowledgement in accordance with DISP 1.6.1R(1), it must, when complying with that rule:

1. (a)

    inform the complainant of the pause to time limits set out in DISP App 5.2.1BR(2); and

2. (b)

    comply with (4).

(4)

 A respondent must direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

1. (a) promptly inform the complainant in writing of the extension to the pause to time limits as set out in DISP App 5.2.1BR(2); and
2. (b) direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

1. (a) inform the complainant that the time limit to refer the complaint to the Financial Ombudsman Service has been extended in accordance with DISP App 5.2.2R;
2. (b) set out the date by which the complainant must refer the complaint to the Financial Ombudsman Service;
3. (c) explain that the six-month time limit contained in the Financial Ombudsman Service's standard explanatory leaflet does not apply; and
4. (d) direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the extension.

1. (a) references to ‘within six months of the date of this letter’ in DISP 1 Annex 3R(1) and (2) are substituted with ‘within fifteen months of the date of this letter’; and
2. (b) the reference to ‘is usually six months’ in DISP 1 Annex 3R(3) is substituted with ‘is, in this case, fifteen months’.

1. (a) inform the complainant that the time limit to refer the complaint to the Financial Ombudsman Service is in accordance with DISP 2.8.2R; and
2. (b) direct the complainant to the information published at fca.org.uk/carfinance, which explains why the six-month time limit contained in the Financial Ombudsman Service applies.

1. (a) the complaint:
   1. (i) relates in whole or in part to a regulated credit agreement; and
   2. (ii) does not relate to a regulated consumer hire agreement; and
2. (b) a final response is sent in the period beginning with 21 June 2024 and ending with 29 January 2026.

1. (a) explain that the time limit to refer the complaint to the Financial Ombudsman Service has been extended in accordance with DISP App 5.2.2BR;
2. (b) explain that the six-month time limit contained in the Financial Ombudsman Service's standard explanatory leaflet does not apply; and
3. (c) direct the complainant to the information published at fca.org.uk/carfinance, which explains the reasons for the extension.

1. (a) references to ‘within six months of the date of this letter’ in DISP 1 Annex 3R(1) and (2), are substituted with ‘within fifteen months of the date of this letter’; and
2. (b) the reference to ‘is usually six months’ in DISP 1 Annex 3R(3) is substituted with ‘is, in this case, fifteen months’.

1. (a) inform the complainant that the time limit to refer the complaint to the Financial Ombudsman Service is in accordance with DISP 2.8.2R; and
2. (b) direct the complainant to the information published at fca.org.uk/carfinance, which explains why the six-month time limit contained in the Financial Ombudsman Service applies.