Complaints Process

Complaints Process Principles

Complaints process principles

 

This section includes a variety of information on the GRG Complaints processes.

Our Complaints process principles document includes detail on the following process points:

   • Scope and Background
   • Considerations/Basis of assessment
   • Limitations
   • Assurance
   • The ITP Appeals Process

GRG Complaints process principles [71KB]

There is documentation to help our customers in the Republic of Ireland:

      • Our commitment to the Consumer Protection Code (CPC) and The Central Bank (Supervision and 
      Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015
       (the “SME Regulations”).

We have also provided:

    • A customer journey through the complaints process
    • Consequential Loss guidance and Case Studies

FAQs for GRG complaints process principles

 

A) What is meant by changes to the “banking relationship”?

 

 

This refers to any aspects of a customer’s current banking arrangements with RBS that need to be amended as a result of an upheld complaint, for example changes to the interest rate, loan covenants or security arrangements.

 

 

B) What do you mean by goodwill payment?

 

 

In some circumstances where a complaint is upheld but there is no direct loss, RBS may make a discretionary goodwill payment to a customer to reflect the probable financial impact of the disruption that was caused to their business.

 

 

C) What do you mean by direct losses?

 

 

For the purpose of the new complaints process, 'direct loss' means sums of money paid by a customer to RBS or a customer’s out of pocket costs of meeting RBS’s requirements that were a direct result of an upheld complaint. Examples include:

 

  • arrangement fees
  • renewal fees
  • excess fees
  • increased interest payments made to RBS by a customer
  • costs and expenditure incurred by a customer in connection with an independent business review, a valuation report, a security review, or other actions required by RBS, or
  • costs and expenditure incurred by a customer for the appointment of a third party to the customer at the request of RBS.

 

D) What is DISP?

 

 

The Financial Conduct Authority published its complaints handling rules as part of the FCA Handbook, within the section entitled “Dispute Resolution: Complaints”.

 

These rules – sometimes referred to as the “DISP” rules – set out the procedures and requirements that businesses must follow when handling complaints from consumers. The rules include requirements on:

 

  • acknowledging and responding to complaints;
  • the time-limits for dealing with complaints; and
  • record-keeping and reporting.

 

We will publish a separate document that clearly sets out our commitment to DISP.

 

DISP Dispute Resolution: Complaints is available on the FCA’s websitehttps://www.handbook.fca.org.uk/handbook/DISP/

 

 

E) Who is DISP eligible?

 

 

The DISP rules apply to the handling of complaints from consumers that are “DISP eligible”, meaning (generally) that they meet the following criteria:

 

A complaint:

 

  • regarding financial products and services;
  • provided in or from the UK;
  • brought by, or on behalf of, a customer or potential customer who is:
    - a private individual;
    - a micro-enterprise (meaning an enterprise which employs fewer than 10 people and has an annual turnover or balance sheet that does not exceed €2m at the time of making the complaint);
    - a charity which has an annual turnover of less than £1m at the time of making the complaint; or
    - a trustee of a trust which has a net asset value of less than £1m at the time of making the complaint.

DISP eligible complainants also have the right to refer their complaints to the Financial Ombudsman Service (FOS) for consideration and adjudication.

 

In summary, following the raising of a complaint to the bank, FOS referral rights are engaged in two ways:

 

  • If a DISP eligible complainant is unhappy with the final response to its complaint received from the bank, the complainant has a period of 6 months from the date of the final response to refer its complaint to the FOS; or

 

  • If the bank fails to provide a DISP eligible complainant with a final response to its complaint within 8 weeks (56 days) of the raising the complaint, the complainant has the right to refer its complaint to FOS.

 

F)  What is CPC?

 

 

The Consumer Protection Code (CPC) and the SME Regulations sets out the requirements that regulated entities must comply with when handling complaints from consumers, including Micro, Small and Medium size enterprises (SMEs) in the Republic of Ireland. The code includes requirements on:

 

  • acknowledging and responding to complaints;
  • the time limits for dealing with complaints; and
  • record-keeping and reporting.
  • we will publish a separate document that clearly sets out our commitment to CPC and the SME Regulations.

The Consumer Protection Code (2012) and the SME Regulations are available here.

 

 

G) Referral to the FSPO in Republic of Ireland

 

 

Under the CPC and SME Regulations complainants also have the right to refer their complaints to the Financial Services and Pensions Ombudsman (FSPO) for consideration and adjudication.

 

In summary, following the raising of a complaint to the bank, FSPO referral rights are engaged in two ways:

 

  • If an eligible consumer complainant is unhappy with the final response to their complaint received from the bank, the complainant has a period of 6 years from the date of the occurrence of the event which they are complaining about to refer their complaint to the FSPO; or
  • If the bank fails to provide an eligible consumer complainant with a final response to their complaint within 8 weeks (40 business days) of raising the complaint, the complainant has the right to refer their complaint to the FSPO.

Further information can be found here.

 

 

H) Am I out of time to complain about an event in 2008?

 

 

No. We will consider any complaint that relates to events between 2008 and 2013.  If, however, you later decide to bring court proceedings against the bank, the bank may at that stage be entitled to argue that your legal claim is out of time.  We would encourage you to seek independent legal advice if you are concerned about the time limits that may apply to any future court claim you may want to bring.

 

 

I) How do I make an appeal?

 

 

An appeal form will be sent to customers along with their Outcome Letter. They will then have 56 days from the date specified on the Outcome Letter in which to issue an appeal with the Independent Third Party on any of the in scope aspects of their complaint.

 

This form will allow you to specify which aspects of the bank’s decision you wish to appeal. You are encouraged to provide the reason for your appeal including what facts or matters are relied on in saying the bank's decision or offer is wrong. You may also wish to provide additional information or evidence. However if you provide new material information or evidence it is likely that the bank will be asked by the Independent Third Party to re-review the complaint in the first instance before the appeal is considered.

 

 

How can I tell if I should make a complaint?

Customer journey through the complaints process

If you make a complaint it will go through a number of process steps before an outcome is reached. This document sets out each of these steps in an easy to follow guide that will help you to understand the process and what the next steps will be following your involvement.

Customer journey through the complaints process [PDF 102KB]

Consequential Loss guidance

Some customers whose complaints are upheld, may feel that they suffered a consequential loss which has not been adequately compensated for in the bank’s offer. In such circumstances they may submit a claim for consequential loss, and we’ve produced a guidance note to help customers understand the different kinds of loss below:

Consequential Loss guidance Consequential Loss Case Studies

Our commitment to DISP/CPC

We are committed to ensuring the fair treatment of all complainants and have designed our new complaints process to meet the best practice set out in the FCA’s Dispute Resolution (DISP) guidelines, and the regulations within the Consumer Protection Code (CPC) and SME Regulations for customers in the Republic of Ireland. We are committed to completing the complaints process as quickly as possible, but we must also ensure that the process is thorough and in some cases that may take longer as we will need to collate a significant amount of information in order to reach a decision. We will keep customers informed throughout to ensure they are aware of the likely timeframe for their complaint.

Our commitment to DISP [PDF 72KB] Our commitment to CPC and SME regulations [PDF 22KB]
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