8A2–8D Flashcards
Should complaints be oral or written?
They can be either
Can a complaint be made on behalf of someone else?
Yes
What must a complainant have suffered?
- Financial loss
- Material distress
- Material inconvenience
Eligible complainants
- Consumer
- Micro enterpise (less than ten)
- Small business with less than 50 employees
- Charity (less than 6.5m)
- Trustee
- Guarantor
Who can complainants refer complaints to?
FOS
Firms’ compulsory time limitations for addressing complaints
- Every complaint must be promptly acknowledged in writing
- Complainant must be kept informed of complaint progress
- Maximum 8 weeks, firm must send final response and compensation
What is the maximum time to receive a final response to a complaint?
8 weeks
What can a complainant do if dissatisfied?
May refer to FOS within 6m
When does FCA formal complaint procedure not need to be followed
By COB on third day after complaint was received
What happens when FCA formal complaint process isn’t followed
Firms must send a simple, template message
What is the minimum period for keeping complaint records?
FCA says 6 years
Maximum FOS award
£375,000
International alternatives to FOS
- Overseas local ombudsbance
- Independent arbitration
Where are complaints procedures set out
In policy documents
How much does it cost for a consumer to have a complaint reviewed
No cost – no need for legal action
ABI composition
Over 200 UK insurance companies
How is ABI funded
By members’ subscriptions on a not-for-profit basis
ABI Codes of Practice requirement
Member companies must issue a Consumer Guide to individuals
SoBP abbreviation
Statement of best practice
What can be found in SOBp
- Common definitions
- Cancer claims details
Who is required to abide by ABI SoBPs?
Only insurers and members
FSCS abbreviation
Financial Services Compensation Scheme
When does FSCS step in?
When a firm goes out of business and a customer suffers a financial loss
At what stage do insurers request a medical report?
- Where the policy is subject to underwriting
- At claim stage
Access to Medical Reports Act 1988
Gives individuals right of access to reports about themselves
Rules for requesting a medical report from a practioner
- Applicant has notified individual they want to make the application
- Individual has given consent
How many days to individuals have to see a doctor’s report?
21
What happens if an individual asks a practionier to amend a report?
- Amend, if they agree
- If they disagree, attach a statement
For how long must medical reports be kept
For at least six months from the date it was supplied
Costs of requesting a report
Practitionier may charge a reasonable fee for this
Access to Health Records Act 1990
Established the right for individuals to access their health records
Purpose of access to health records act
- To allow the correction of inaccurate reports
- For the avoidance of certain obligations
Where does 1990 act still apply?
Where someone might be entitled to compensation as a result of the death of a relative
