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Consumer Financial Services Complaints and Compensation

Consumer Financial Services Complaints and Compensation
A Guide for the Financial Services Market
2nd Edition
ISBN:  9780414034044
Published by:  Sweet & Maxwell
Publication Date:  24 Jul 2017
Subscription Information:  Non-Subscribable Product
Format:  Paperback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION

This fully revised new edition examines the compliance and redress regime for mis-selling, administration and claims problems with a practical emphasis on complaint handling, It is an easy to use guide to the complaints sourcebook for the smaller IFA. For larger firms and their professional advisers it acts as an effective reference book enabling the reader to rapidly refresh their understanding of the rules and "best practice" procedures.

CONTENTS

Part 1: Handling Complaints
The Scope of the FCA Complaints rules (DISP)
Building the complaints procedure
Identifying complaints
Acknowledgement
Investigating Complaints
Assessing the Complaint (including the Rules to be Applied)
Closing the case
The Financial Ombudsman Service
Other dispute resolution options, including FSCS, enforcement action and arbitration

Part 2: Deciding whether to uphold the complaint
Sales complaints generally – deciding whether the firm is liable
Savings and investment complaints
Pensions complaints
Mortgage related sales complaints:

  • Endowments, pensions and interest- only generally
  • Lifetime mortgages and equity redemption
  • Bad lending complaints

General insurance sales complaints
PPI sales complaints
Protection sales complaints
Administration complaints
Avoiding liability:

  • Causation
  • Non-advised
  • Execution-only
  • Insistent customer

Part 3: Compensation
The general principles
Pensions
Mortgage-related complaints
General insurance complaints, particularly PPI
Administration complaints
Claims

The new edition has been significantly restructured to deal with the advent of the new financial services regulatory infrastructure in the UK, and also in order to deal with the major developments at the European level (see above).
There will be new or substantially revised coverage in the following areas:

  • UK infrastructure changes and the new rulebooks
  • Retail Distribution Review
  • Irresponsible lending
  • Payment Protection Insurance and developments arising from earlier mis-selling scandals
  • MiFID II
  • IMD II
  • Financial Services Compensation Scheme cases

EDITORS & EDITORIAL BOARD

Adam Samuel

Adam Samuel is a lawyer and independent consultant with expertise in consumer financial services compliance, complaint handling and business review work. He has also acted as an Independent Investigator for the Institute of Financial Planning’s Disciplinary Committee. He regularly writes on compliance issues for a variety of publications.

FEATURES & BENEFITS

  • Explains in detail the FCA’s complaints rules in the DISP sourcebook
  • Gives step-by-step coverage of the complaint handling procedure, from identifying and investigating complaints to the decision whether to uphold
  • Covers the complaints procedures in specific types of claim, including mortgages, pensions, PPI and general insurance complaints
  • Gives detailed explanation of the principles of compensation and the claims process

 

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