Financial Ombudsman Service II Flashcards

1
Q

These have expired, and the organisation or intermediary can object to the FOS taking on the complaint on the grounds that it is :

A

Time - Barred

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2
Q

What are the exceptional circumstances that are outside these time limits is the FOS able to consider?

A

Cases involving pension transfers and opt outs.

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3
Q

If organisation agrees can the FOS review cases outside the time limits?

A

True

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4
Q

What happens if parties fail to provide necessary information or documents by the the FOS requirements?

A

Treated as a contempt of court

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5
Q

Who must cooperate with FOS?

A

All authorised firms

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6
Q

What’s the time aim of the FOS for investigating and answering complaints?

A

3 months

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7
Q

What time opportunity does FOS give complainants?

A

Representations then hearing.

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8
Q

Most disputes handled by FOS are resolved through?

A

Informal adjudication and Mediation

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9
Q

Who handles most FOS disputes and resolutions?

A

Caseworker or adjudicator

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10
Q

Parties have NO right to appeal to the initial outcome?

A

False, (parties do have rights to appeal to the initial outcome)

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11
Q

Who will make final decision of an appeal???

A

One of the panel of the Ombudsmen

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12
Q

What does FOS take into account when making decision?

A

FCA rules and guidance,
Law,
good practice,
ABI statement and code of good practice…

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13
Q

FOS is bound by the law or legal precedent and will make judgement on merits of each case?

A

False,. (FOS NOT bound by the law or legal precedent and will make judgement on merits of each case)

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14
Q

What is aim of FOS?

A

Consistent

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15
Q

What are two ways of redress award?

A

Money award,

Directions award.

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16
Q

What is Maximum FOS can award in monetary terms?

A

£355,000 for complaints made on or after 1 April 2020 about acts or omissions by firms in or after 1 April 2019

17
Q

Who makes payment?

A

Firm

18
Q

Can FOS recommend higher figure?

A

Yes but this will not be binding on the firm.

19
Q

Lower figures exist for complaints arising from earlier dates?

A

True

20
Q

What is directions award?

A

FOS, tells the firm what action it needs to take to put things right for customer.

21
Q

In directions award, what would the FOS direct the firms to do?

A

Apologise personally to the consumer,
Calculate and pay redress to an approach or formula set by regulator.
Pay an insurance claim that has been rejected,

22
Q

The decision within reasons must be notified to the complainant and respondent, (the firm about which the complaint is made)?

A

In writing

23
Q

What does the complainant do after decision?

A

Accept or reject within time specified

24
Q

If the complainant accepts decision, it is binding on the respondent?

A

True

25
Q

Who specifies time???

A

Financial Ombudsman Service (FOS)

26
Q

If the complainant accepts decision, it is binding on the respondent?

A

True

27
Q

But,

If complainant rejects decision, it is not binding and?

A

They are free to pursue matter in court.

28
Q

If complainant does not respond to the FOS decision letter,?

A

It is treated as rejection and the complainant is not bound by decision.

29
Q

FOS funded by?

A

General levy paid by all firms & Case fee payable by the firm to which the complaint relates.