FCA Handbook - FEES 5.5E Representative case fees (for financial years beginning on or after 1 April 2026)

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FEES 5.5E Representative case fees (for financial years beginning on or after 1 April 2026)

Application and purpose

FEES 5.5E applies to a complainant representative in relation to a complaint referred to the Financial Ombudsman Service which is closed on or after 1 April 2026.

FEES 5.5E does not apply to the Voluntary Jurisdiction.

FEES 5.5E sets out when a complainant representative that is representing a complainant must pay fees in respect of complaints referred to the Financial Ombudsman Service.

A complainant representative will not be liable for a representative case fee under FEES 5.5E if it is acting entirely pro bono in relation to the complaint.

FEES 5.5E.4R applies where a complainant representative is representing the complainant without any fees, charges or other form of remuneration becoming payable by the complainant in any circumstance.

Monthly representative case fee for category B complainant representatives

Where a complaint is closed by the Financial Ombudsman Service during a financial year in circumstances where:

(1) the complaint was referred to the Financial Ombudsman Service on or after 1 April 2025; and
(2) a category B complainant representative was (at any time) representing the complainant in relation to that complaint,
the category B complainant representative which was first representing the complainant (even if it is no longer doing so at the time the complaint is closed) must pay to the FOS Ltd:
(3) the reduced representative case fee specified in FEES 5 Annex 5R Part 2, if the complaint was closed as a change in outcome in favour of the complainant; or
(4) the standard representative case fee specified in FEES 5 Annex 5R Part 2, if the complaint was closed other than as a change in outcome in favour of the complainant.

(1) In respect of a financial year, the FOS Ltd shall credit the amount of £2,000 to the category B complainant representative which is to be applied against the representative case fees which that category B complainant representative is liable to pay during the relevant financial year.
(2) The credit provided for pursuant to (1) shall not be carried forward to any future financial years and, to the extent the amount of the credit exceeds the amount of representative case fees which are payable, the excess shall not be paid in cash to the category B complainant representative.

A category B complainant representative must pay to the FOS Ltd any representative case fee which it is liable to pay under FEES 5.5E and which is invoiced by the FOS Ltd within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

Quarterly provisional charges for category A complainant representatives

If, in relation to a financial year, the FOS Ltd considers (taking into account representations made by or on behalf of the relevant complainant representative) that the complainant representative is a category A complainant representative, the FOS Ltd must notify that complainant representative and that complainant representative shall, for the purposes of FEES 5.5E, be treated as a category A complainant representative in relation to the relevant financial year.

Quarterly provisional charges – first and second quarters

In relation to a financial year, a category A complainant representative must pay to the FOS Ltd the quarterly provisional charges calculated under FEES 5.5E.11R.

(1) In respect of the first and second quarters of a relevant financial year, the value of the provisional charges that a category A complainant representative is liable to pay is calculated according to the following formula:
((((A+B) / (C+D)) x E x £260 – £2,000) / 2) x 0.8,
where:
1. A = the number of complaints referred by that complainant representative to the Financial Ombudsman Service before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.
2. B = the number of complaints referred by that complainant representative to the Financial Ombudsman Service from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.
3. C = the number of complaints referred to the Financial Ombudsman Service by all complainant representatives before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.
4. D = the number of complaints referred to the Financial Ombudsman Service by all complainant representatives from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.
5. E = the number of complaints in respect of all complainant representatives which the Financial Ombudsman Service forecasts it will close from 1 April to 30 September (both dates inclusive).
(2) For the purposes of the calculation in (1), the FOS Ltd may, if it considers it appropriate, modify inputs A, B, C and D to take into account the impact of any events which, if not taken into account, would, as regards a category A complainant representative, result in the calculation of their estimated case fee liability for the first and second quarters of the financial year being materially inaccurate.
(3) In respect of the first and second quarters of a relevant financial year, the FOS Ltd will invoice a category A complainant representative for the amount calculated under (1) in 2 equal instalments in April and July of the relevant financial year (or on such later dates as FOS Ltd may specify).

Quarterly provisional charges – third and fourth quarters

(1) In respect of the third and fourth quarters of a relevant financial year, the value of the provisional charges that a category A complainant representative is liable to pay is calculated according to the following formula:
1. (((T – U – £2,000) + (((V+W) / (X+Y)) x Z x £260)) / 2) x 0.8,
where:
1. T = the total amount of representative case fees which that complainant representative would have been charged from 1 April to 30 September (both dates inclusive) of the relevant financial year had it been a category B respondent and liable to representative case fees under FEES 5.5E.6R to FEES 5.5E.8R.
2. U = the aggregate of the amounts invoiced to that complainant representative under FEES 5.5E.11R(3).
3. V = the number of complaints referred by the complainant representative to the Financial Ombudsman Service before 1 October in the relevant financial year which had not been closed before 1 October in the relevant financial year.
4. W = the number of complaints referred by the complainant representative to the Financial Ombudsman Service from 1 April to 30 September (both dates inclusive) in the relevant financial year.
5. X = the number of complaints referred to the Financial Ombudsman Service in respect of all complainant representatives before 1 October in the relevant financial year which had not been closed before 1 October in the relevant financial year.
6. Y = the number of complaints referred to the Financial Ombudsman Service in respect of all complainant representatives from 1 April to 30 September (both dates inclusive) in the relevant financial year.
7. Z = the number of complaints referred by the complaint representative to the Financial Ombudsman Service which the Financial Ombudsman Service forecasts it will close from 1 October to 31 December (both dates inclusive) in the relevant financial year.
(2) For the purposes of the calculation in (1) above, the FOS Ltd may, if it considers it appropriate, modify inputs V, W, X and Y to take into account the impact of any events which, if not taken into account, would, as regards a category A complainant representative, result in the calculation of their estimated case fee liability for the third and fourth quarters of the financial year being materially inaccurate.
(3) In respect of the third and fourth quarters of a relevant financial year, the FOS Ltd will invoice a category A complainant representative for the amount calculated under (1) in 2 equal instalments in October and January of the relevant financial year (or on such later dates as FOS Ltd may specify).

A category A complainant representative must pay to the FOS Ltd any quarterly case fee which it is liable to pay under FEES 5.5E and which is invoiced by the FOS Ltd within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

Quarterly provisional charges – end of year adjustment

If, had it been a category B complainant representative liable to monthly representative case fees under FEES 5.5E.6R to FEES 5.5E.8R, the amount of representative case fees that a category A complainant representative would have been charged during a relevant financial year exceeds the value of the provisional charges which it has paid during that financial year:

(1) the FOS Ltd shall invoice the category A complainant representative for the amount of that difference; and
(2) the category A complainant representative must pay the amount invoiced to the FOS Ltd within 30 calendar days of the date of the invoice.

If, had it been a category B complainant representative liable to monthly representative case fees under FEES 5.5E.6R to FEES 5.5E.8R, the amount of representative case fees that a category A complainant representative would have been charged during a relevant financial year is lower than the value of the provisional charges which it has paid during that financial year:

(1) the FOS Ltd shall credit the amount of that difference to the category A complainant representative; and
(2) the credit provided for pursuant to (1) shall be set off against the quarterly case fees which the category A complainant representative is liable to pay under FEES 5.5E in respect of the following financial year.

Late payment of representative case fees

If a complainant representative does not pay an invoice payable under FEES 5.5E in full to the FOS Ltd before the end of the date on which it is due, that complainant representative must pay to the FOS Ltd in addition:

(1) interest on any unpaid amount of the invoice at the rate of 5% per annum above the Official Bank Rate from time to time, accruing on a daily basis from the date on which the amount concerned became due; and
(2) an administrative fee of up to 25% of the amount of the invoice outstanding at that time, in the event the FOS Ltd needs to take steps to recover any amounts payable to it under FEES 5.5E.

The FOS Ltd may take steps to recover any amount owed to it (including interest).

Time limit for making a claim for remission or repayment

(1) In relation to a category B complainant representative, no claim for the remission or repayment of all or part of the representative case fee (or any administrative fee due under FEES 5.5E.16R in relation to it) may be made to FOS Ltd more than 6 months after the end of the calendar month in which the complaint to which the representative case fee relates was closed (irrespective of when or whether the amounts in question were paid to the FOS Ltd).
(2) In relation to a category A complainant representative, no claim for the remission or repayment of all or part of any amount which was invoiced by the FOS Ltd (or any administrative fee due under FEES 5.5E.16R in relation to it) may be made to FOS Ltd more than 6 months after the end of the calendar month in which the complaint to which that claim relates was closed (irrespective of when or whether the amounts in question were paid to the FOS Ltd).

The FOS Ltd may allow a claim to be made outside the time limits prescribed in FEES 5.5E.18R if it is satisfied that the failure to make a claim within the time limits prescribed was as a result of exceptional circumstances.

If it appears to the FOS Ltd that in the exceptional circumstances of a particular case the payment of any amount under FEES 5.5E would be inequitable, the FOS Ltd may reduce or remit all or part of the amount in question which would otherwise be payable.