Transcript Document

APCC Regional Forum

September 2014

13.00 – 13.30

13.30 – 13.40

13.40 – 14.20

14.20 – 15.00

15.00 – 15.15

15.15 – 15.45

15.45 – 16.15

16.15 – Close

Agenda

Registration, tea and coffee Welcome and introduction

Ray Cohen, APCC Director

FCA Effective Communication with smaller firms

Matthew Thompson, FCA Associate, Thematic Investment and Communication Project

FCA Consumer Credit Authorisation

Keith Cooper, FCA Manager - Debt, Credit & Regulatory Permissions/Credit Authorisations Division/Consumer Credit Tea and Coffee Break

FOS – Update on the Ombudsmans’ work with Consumer Credit Firms

Ian Woodman, FOS Outreach Manager

BIBA and the changing experience to consumer claims in changing regulation

Andrew Gibbons, BIBA Board member & Chairman of the BIBA Claims Working Group APCC update and open forum

FCA Restricted

Effective Communications with Small Firms APCC Presentation

Matthew Thompson

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The importance of effective communications

Regulation Compliance

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Effective Communications Should… 1. Reach the right audience 2. Explain how the information affects that audience 3. Encourage the right action to be taken

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How are we communicating?

• • • • • •

Email

– Direct sector specific information

Website

– Discussion Papers, Guidance

Video

– RDR, Risk Outlook

Face to Face

– Workshops, Speeches

Trade Press

– Consumer credit

Social Media

- Twitter 6

The role of compliance consultants

Regulation Compliance

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Your views…

[email protected]

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9

Consumer Credit FCA authorisation

Unrestricted

Today…

• • • Overview of application process Experience to date Questions • No detail on technical matters or specific applications/business models 10

Unrestricted

Our approach

Gateway is key Flexible for different size firms

FCA approach

High minimum standards Getting to know firms 11

Unrestricted

The firm journey

Interim Permission New entrant Full application VoP 12 Full authorisation

Unrestricted

When to apply?

Now Your application period • If firms want to start offering consumer credit • If firms have interim permission • If firms miss this

date, they will need to stop regulated credit activities

Firms can still prepare now, so they are ready to apply 13

Unrestricted

How much it costs to apply

• • • • – – – – Note – income figures must be right – – Brokers - amount paid for credit services Amount from consumer credit activities – not turnover Firms will need to pay an application fee when they apply The fee will be a calculation based on how complex we think the application is and the consumer credit income We have put all firms into different complexity categories based on what they do: Limited permission Straightforward: eg credit broker Moderately complex: eg, lender Complex: eg debt management company 14

Application fee breakdown

Firm’s credit income

Up to £50,000 £50 £100,000 £100 £250,000 £250,000 £1 m over £1 million

Limited permission Straight forward Moderately complex Complex

£100 £500 £500 £600 £750 £1,000 £800 £1,000 £1,500 £1,000 £1,250 £2,000 £500 £500 £1,500 £5,000 £5,000 £10,000 £7,000 £15,000 15

Unrestricted

The application journey

Application received Hybrid cases Initial vetting Case officer assessment • • • Systems Databases Convictions • • Risk scoring Team allocation • • • Further information requests Firm meetings Firm visits Decision 16

Unrestricted

Help for firms

• • • • • • • • Webinars ‘Credit Ready’ Packs Website – FAQs & guidance Checklists Speaking events Help text in Connect Case officer support Contact Centre • Keep the FCA updated on any firm changes – check and update CCI.

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Unrestricted

Timescales and progress

• • • How long – depends on complexity and quality. – Statutory Deadline – 6/12 months Have completed a number of more detailed assessments – Visits, firm meetings and conference calls AR progress & volumes – – Too soon to say – Principal Application Period has only just closed and these are being assessed 1 st application period soon and this will dramatically change our current portfolio 18

Unrestricted

• • • • • • •

Experience so far

Permissions – – Wrong ones Limited permission – ‘Just in case’ Criminal convictions – significant events Failing to disclose all controllers Lack of documents – secci, adverts, credit agreements etc Unclear business models Lack of competence Over reliance on 3 rd parties – – Brokers Advisors 19

Unrestricted

Your role?

What can you do to ensure rapid progression?

Complete business models – Why permissions are required – – – How the business will work, what will the business do and why, and how it will make its money Examples of key docs and advertising How the firm is set up, who works there and their role, skills and experience – – – – Who owns or influences the business (controllers) Compliance strategy Financial information The firm’s history and full disclosure of any ‘significant events’ 20

Unrestricted

Your role?

• • • Bespoke applications Remember we need to hear from the firm – especially during visits Honest and transparent with firms – – – Cold calling Need for a consultant Authorised/approved by FCA 21

Unrestricted

Questions?

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workingtogether Association of Professional Compliance Consultants September 2014

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what does the ombudsman do?

  set up by law … … as an alternative to the courts to resolve disputes … … and help both parties move on  share our experience and insight 

not

a regulator!

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and how do we do it?

free independent informal

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impartial

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the tools we use inquisitorial powers inquisitorial powers ‘fair and reasonable’ outcomes

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jurisdiction – which complaints do we cover?

business covered?

complaint ‘in time’?

activity covered?

eligible complain ant?

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within UK?

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when is a business covered?

 a business is subject to our jurisdiction where:  it is FCA-authorised to carry on any FCA-regulated activity (=

Compulsory Jurisdiction

)  this can also include ‘inherited’ jurisdiction  it subscribes to our

Voluntary Jurisdiction

Consumer Credit Jurisdiction

now fallen away  post April 2014, former OFT licensees should be FCA (interim) authorised firms

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process - how we deal with complaints enquiries and referrals investigation resolution by consent review final decision

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redress - putting things right financial losses directions interest ‘trouble and upset’

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costs (rarely)

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our workload

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consumer credit complaints over time

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consumer credit numbers product type

point of sale loans hire purchase payday loans catalogue shopping credit broking debt collection store cards other

total

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2013/14

1,418 1,511 794 792 649 557 466 1,443

7,630 2012/13

1,939 1,621 542 950 711 817 650 1,240

8,470 2011/12

2,247 1,545 296 695 627 576 476 1,250

7,416 2010/11 2009/10

2,765 1,395 ?

582 697 512 480 819

7,250

1,735 1,430 ?

755 341 697 574 1,138

6,329

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help from us

 online at:

www.financial-ombudsman.org.uk

 technical advice desk helpline:

020 7964 1400 [email protected]

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any questions?

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ANDREW GIBBONS ACII MIoD Managing Director Mason Owen Financial Services Ltd Chair – Industry Claims Initiative

AGENDA

1.

Background 2.

Formation of the Group 3.

Objectives of the Group & Progress 4.

FCA Thematic Review of Personal Lines Claims 5.

Future Developments in Claims 6.

Q&A

BIBA RESEARCH

• Carried out January 2013 • 90% of brokers believe that insurers are stricter on paying claims • More strict due to the economic climate and fraud • 66% of brokers were finding it harder to conclude claims

BIBA RESEARCH

• 75% of brokers have overturned a claim rejection by an insurer in the last year • 70% of brokers had secured an increase in claims payment for a client • 43% of brokers achieved an average percentage uplift on claims of between 11% and 20%

THE RESULT

• Public spat • Missed opportunity for reasoned debate • Confirmation of the Regulator’s interest in this area

MACTAVISH REPORT

• Insurers dispute half of “significant” business claims since 2008 • Insurers take an average of 35 months to settle disputed claims • Reasons include breaches of conditions or inadequate information disclosure

INSURANCE TIMES - 3

RD

SEPT 14

INSURANCE TIMES - 3

RD

SEPT 14

INDUSTRY CLAIMS INITIATIVE

• Formed / Launched April 2013 • Made up of industry stakeholders • Opportunity to explore the issue of claims more thoroughly

MEMBERS

MEMBERS

MEMBERS

TERMS OF REFERENCE

• To support the FCA thematic reviews on claims • To improve the customer experience of claims • To promote positive stories surrounding the industry with particular reference to claims

PROGRESS

• Claims is Point 6 of the BIBA Manifesto • The group is recognised by government • The group is recognised by the FCA

POSITIVE STORIES

• Industry Pays £40m in claims every day • Insurance Times – The Knowledge • Covered extensively in the Broker Magazine • Further work being undertaken by Insurance Times in relation to claims and transparency following FCA Conference

FCA CONFERENCE 2014

• Underlined Customer Focus of FCA • Customer Outcomes are essential to FCA • Loss Ratio as a Measure of Value

EDUCATION OF THE CUSTOMER

• AXA Insurance – Transparency Project • The group is accessible to government and the industry on issues such as flood & Storm Surges • Industry responded to flood claims promptly

REVIEW OF INSURANCE CONTRACT LAW

• Consulted with the Law Commission in relation to their proposals • Clarifying the position in relation to warranties • Dealing with issues for remedies to contract • Insurers can contract out

FCA THEMATIC REVIEW

• FCA attended the May 2014 meeting of the group • John Parker and John King of FCA attended • Group had opportunity to question FCA on their findings • FCA Specifically Requested a Further Audience with the Group Ahead of the Commercial Review in July 2014

FCA THEMATIC REVIEW FINDINGS

• Household and travel insurers were investigated and it did not involve loss adjustors • Significant scope for improvement was found • No systematic avoidance of claims payment found • Travel insurance – 30% of the claims either rejected or withdrawn • 28% of home claims were rejected or withdrawn

FCA THEMATIC REVIEW FINDINGS

• No indication of how many claims were generated through the broker or direct market • Main reason for claims failing was that the client was mislead or there was poor communication • 78% - 83% of customers understood excesses • 1,500 cases looked at specifically

FCA THEMATIC REVIEW FINDINGS

• 1 in 5 people felt like complaining but only two thirds of those did complain • Many complaints arose from the supply chain (e.g loss adjustors/contractors not turning up) • Recording of calls with a view to turning claims down was an issue • Better ownership within insurers was highlighted by FCA as requiring improvement

FCA THEMATIC REVIEW FINDINGS

• The burden of proof of the insured to find receipts was too onerous • Emergency response lines for travel insurance were found to be extremely good • The length of policy documents was found to be too long and complicated • Travel – Medical Declarations

SUMMARY

• Good in parts • Not so good in others • No systematic avoidance of claims

SUMMARY

• No brokers investigated • Claims Issues may have arisen as a result of poor distribution • Commercial claims review to follow

ANY OTHER BUSINESS

• The group discuss topical issues such as the supply chain • Reservation of rights • Basis clauses

IN SUMMARY

• We can Improve Claims as an Industry • Just Ticking the Boxes of Compliance Does Not Always Produce the Feeling of a Good Customer Outcome • Claims is the Shop Window and Should be Resourced and Managed Appropriately • Concentrate on the Quality!!

QUESTIONS

• APCC Open Forum • Close