Complaints Final Response | Template for an FCA Application

Dear __________

I refer to my previous letter dated (DATE) regarding the complaint you made to us on (DATE). Please rest assured that I want you to be absolutely certain that I have accurately reflected your concerns and confirm below my understanding of the circumstances that gave cause for you to make a complaint in the first instance.

The circumstances below will be identical to those contained in my letter dated (DATE) unless you have advised me that our understanding of your complaint was incorrect, in which case the Statement of Facts below should reflect those revised circumstances.

If you believe the Statement of Fact shown below is inaccurate you should contact me immediately.

Enter here statement of facts from Initial Response Letter OR amended facts received from the client

Having fully investigated this matter I am now in a position to make our final response to you. In arriving at my decision I have taken into account the information that you have supplied to us, information held by us and I have interviewed those members of staff whom I believed could assist me in reaching a conclusion in this matter.

As a company we take any complaint made to us very seriously and will always strive to put matters right if it can be shown that we have not delivered a highly competent and efficient service.

On the basis of the evidence before me I (do) (do not) accept that we have failed to meet our own exacting standards and / or those of our regulator the Financial Conduct Authority. I therefore do not propose to make any offer of redress in furtherance of your complaint.

Under the circumstances I propose the following course of action to resolve your complaint. [ Response here ]

If you wish to accept or reject my final response you should write to me at the address shown on this letter.

If you are dissatisfied with my response you are able to raise this matter with the Financial Ombudsman Service (FOS) who will assess this dispute FOS’s decisions are based on what is ‘fair and reasonable’. In deciding what is ‘fair and reasonable’, the ombudsman will take into account the relevant law, regulations, regulators’ rules and guidance and standards, relevant codes of practice and, where appropriate, what he considers to have been good industry practice at the relevant time. The ombudsman’s decisions are binding on firms if a complainant accepts them. Once a complaint is made to FOS it is generally dealt with in up to three stages:

Conciliation: FOS staff will see if there is any reasonable prospect of resolving the dispute by reaching a settlement acceptable to both sides. The majority of complaints are in fact resolved in this way.

Otherwise, FOS staff will investigate the complaint. They have the power to require information from the complainant and the firm. They then issue an adjudication setting out a recommended outcome and the reasons for it. If both the complainant and the firm accept the adjudication the complaint is resolved.

If either party does not accept the adjudication, one of the ombudsmen will review the case and issue a final decision. If the complainant accepts the decision it will be binding on both parties.
FOS may make a money award against a firm for such an amount that the ombudsman considers fair compensation for financial loss and/or for pain and suffering or damage to reputation or distress or inconvenience. The maximum binding money award, which the ombudsman may make, is £150,000. If the ombudsman considers that an amount more than the maximum is required as fair compensation, then the ombudsman may recommend to the firm that it pays the balance.

Additionally, or alternatively, the ombudsman may also direct a firm to take such steps in relation to the complainant, as the ombudsman considers just and appropriate.

Please note you have six months in which this matter can be raised with the Financial Ombudsman. I have enclosed for your information a leaflet (Financial Ombudsman Service standard explanatory leaflet) produced by the Financial Ombudsman Service setting out the scheme. Their website is available on: financial-ombudsman.org.uk