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Our Ref: FOI1428
Dear Ms Coleman
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the Act), for the following information:
“With reference to the unauthorised overdraft fee complaints handling waiver please could you forward copies of letters/guidance issued to the firms since 01 July 2009.
Additionally, as part of the waiver it is a requirement that firms have specific procedures and contact details for consumers to take complaints to where financial difficulty is involved. Please could you let me have a list of addresses and contact details for the firms."
Your request has now been considered. I can confirm that we hold the information you have requested and we attach copies of all letters sent out by the FSA to firms (since 01 July 2009) in relation to the waiver on bank charges together with a questionnaire that accompanied the later 2 letters.
http://www.legalbeagles.info/FOI1428.pdf
There is some information in the attachments that constitutes personal data and we consider it would breach the Data Protection Act 1998 to provide this information to you. On that basis the following exemption applies:
Section 40(2)(a) of the Act provides that "Any information to which a request for information relates is also exempt information if … it constitutes personal data which do not fall within subsection (1)".
This exemption applies because the information requested comprises the personal data of an individual other than yourself, which if disclosed would breach the Principles in the Data Protection Act 1998. We consider that it would be a breach of Principle 1 to disclose this information, as it would not be lawful or fair to the individual concerned. The individual concerned did not give their consent for that information to be made public and the release of such information may be detrimental to them.
Section 40 is an absolute exemption so we are not required under the Act to consider the balance of public interest in whether to provide you with this information or not.
In your request you refer to a waiver requirement "...that firms have specific procedures and contact details for consumers to take complaints to where financial difficulty is involved." We assume you are referring to the following parts of the waiver:
This requirement means that firms must have processes in place within the departments that deal with relevant charges complaints, to ensure that complainants who also request assistance with financial difficulties are identified and dealt with appropriately. This may involve verifying that a claim of financial difficulties is justified, before passing the case to specialist staff (who may be based in a different location).
This guidance sets out that firms should provide customers assessed as being in financial difficulty with a contact number for the person/team dealing with financial difficulties cases. There is no specific requirement for firms to provide customers more generally with a contact number for its financial difficulties team. From our monitoring experience the departments that deal with relevant charges complaints are normally part of the firms' centralised complaint handling functions, the contact details for which are normally available on firms' websites and/or by telephoning or visiting a branch. Information is also normally available about how customers should contact a firm to discuss financial difficulties when this is not specifically being raised in connection with a relevant charges complaint.
The FSA does not hold a list of addresses and contact numbers in the format you have requested.
From our monitoring work we do hold some information about the departments at some firms that deal with relevant charges complaints put on hold as a result of the waiver, and the departments (where separate) that deal with cases involving financial difficulty.
On that basis, we are not able to disclose information on contact details for firms to you because this is information which the FSA has received for the purpose of carrying out its regulatory function under the Financial Services and Markets Act 2000 ("FSMA"), and so the following exemption applies:
If you have any queries or are unhappy with the decisions made in relation to your request please contact me. If I am not able to resolve your concerns I will advise you of the process for an internal review. If you wish to exercise your right to an internal review you should contact us within three months of the date of this letter.
If you are not content with the outcome of the internal review, you also have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
Website: www.ico.gov.uk
Yours sincerely
Susan Currington
Dear Ms Coleman
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the Act), for the following information:
“With reference to the unauthorised overdraft fee complaints handling waiver please could you forward copies of letters/guidance issued to the firms since 01 July 2009.
Additionally, as part of the waiver it is a requirement that firms have specific procedures and contact details for consumers to take complaints to where financial difficulty is involved. Please could you let me have a list of addresses and contact details for the firms."
Your request has now been considered. I can confirm that we hold the information you have requested and we attach copies of all letters sent out by the FSA to firms (since 01 July 2009) in relation to the waiver on bank charges together with a questionnaire that accompanied the later 2 letters.
http://www.legalbeagles.info/FOI1428.pdf
There is some information in the attachments that constitutes personal data and we consider it would breach the Data Protection Act 1998 to provide this information to you. On that basis the following exemption applies:
- Section 40 (Personal Information)
Section 40(2)(a) of the Act provides that "Any information to which a request for information relates is also exempt information if … it constitutes personal data which do not fall within subsection (1)".
This exemption applies because the information requested comprises the personal data of an individual other than yourself, which if disclosed would breach the Principles in the Data Protection Act 1998. We consider that it would be a breach of Principle 1 to disclose this information, as it would not be lawful or fair to the individual concerned. The individual concerned did not give their consent for that information to be made public and the release of such information may be detrimental to them.
Section 40 is an absolute exemption so we are not required under the Act to consider the balance of public interest in whether to provide you with this information or not.
In your request you refer to a waiver requirement "...that firms have specific procedures and contact details for consumers to take complaints to where financial difficulty is involved." We assume you are referring to the following parts of the waiver:
- Complainants in financial difficulty:
(19) from the date of this direction, the firm must ensure a fair, consistent and intelligent filtering of new complaints in order to identify relevant charges complaints from complainants who claim to be in financial difficulty and then assess whether that claim is justified. For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;
- Complainants in financial difficulty:
This requirement means that firms must have processes in place within the departments that deal with relevant charges complaints, to ensure that complainants who also request assistance with financial difficulties are identified and dealt with appropriately. This may involve verifying that a claim of financial difficulties is justified, before passing the case to specialist staff (who may be based in a different location).
- “Annex 2 – Dealing with complainants in financial difficulty
5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.”
- “Annex 2 – Dealing with complainants in financial difficulty
This guidance sets out that firms should provide customers assessed as being in financial difficulty with a contact number for the person/team dealing with financial difficulties cases. There is no specific requirement for firms to provide customers more generally with a contact number for its financial difficulties team. From our monitoring experience the departments that deal with relevant charges complaints are normally part of the firms' centralised complaint handling functions, the contact details for which are normally available on firms' websites and/or by telephoning or visiting a branch. Information is also normally available about how customers should contact a firm to discuss financial difficulties when this is not specifically being raised in connection with a relevant charges complaint.
The FSA does not hold a list of addresses and contact numbers in the format you have requested.
From our monitoring work we do hold some information about the departments at some firms that deal with relevant charges complaints put on hold as a result of the waiver, and the departments (where separate) that deal with cases involving financial difficulty.
On that basis, we are not able to disclose information on contact details for firms to you because this is information which the FSA has received for the purpose of carrying out its regulatory function under the Financial Services and Markets Act 2000 ("FSMA"), and so the following exemption applies:
- Section 44 (Prohibitions on disclosure)
Section 44 provides that information is absolutely exempt if its disclosure (otherwise than under the Act) is prohibited by or under any enactment. Section 348 of the FSMA restricts the FSA from disclosing "confidential information" it has received except in certain limited circumstances (none of which apply here).
Confidential information for these purposes is defined as information which relates to the business or other affairs of any person and which was received by the FSA for the purposes of or in the discharge of its functions under FSMA and which is not in the public domain.
Any correspondence and/or documents from the firms to the FSA has been received for the purpose of carrying out our supervision of those firms, so falls within Section 348. Consequently the FSA is prohibited from disclosing to you any information which we received while performing our regulatory duties and which is not in the public domain.
Disclosure of any such confidential information is in breach of s.348 of FSMA and is a criminal offence.
If you have any queries or are unhappy with the decisions made in relation to your request please contact me. If I am not able to resolve your concerns I will advise you of the process for an internal review. If you wish to exercise your right to an internal review you should contact us within three months of the date of this letter.
If you are not content with the outcome of the internal review, you also have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
Website: www.ico.gov.uk
Yours sincerely
Susan Currington
