Firms urged not to dismiss claims firms' complaints

Firms should not dismiss complaints sent in via claims management companies, even where they have been raised on standard letters, the FSA has warned.

In a guidance note published yesterday, the regulator said that whether a consumer complains directly or through a third party, their complaint should be dealt with in the same way by any firm, the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme.

“Ideally, consumers – and especially CMCs acting on their behalf – should try to identify the relevant points of their complaint as clearly as possible when they make a complaint.

But, the FSA’s rules require businesses to consider complaints fairly – regardless of how they are made. Even if you receive a standardised complaint, it does not alter the fact that the consumer has expressed some form of dissatisfaction about the product or service provided.

"A complaint may be generated because a CMC has brought a particular issue to a consumer's attention. This does not mean that the complaint is less valid than any complaint that has been brought directly by a consumer.

"Each complaint must be assessed on its merits, regardless of the process by which it was initiated."

The regulator said in order to stop CMC's bringing frivolous complaints the FOS has the power to dismiss claims which are considered to be frivolous or vexatious, but in practice the FSA said the FOS had only found 0.9% of cases fell into either category last year.