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BBRS Reporting Data – as of the close of business 30 April 2022

31 May 2022

As of 30 April 2022, the BBRS has reached 24 settlements of which 13 were negotiated directly with banks through ADR, 1 was resolved via conciliation, and a further 2 cases were successfully mediated. 8 cases were settled via the BBRS following adjudication, 6 of whom have received a financial award.

Of the total of 792 cases registered (from go live 15th Feb 2021 to 30 April 2022) we now have 148 live cases being worked on, with no waiting list. The majority of cases continue to relate to the historical scheme.

While numbers of cases achieving resolution are increasing significantly, the overall case volume is not what was expected at the formation of the scheme.

We recently commissioned research into the numbers of likely eligible cases from Bayes Business School. This research estimates that rather than the assumed 60,000 cases of which 10% would be likely to complain, there are likely to be only a possible total of 14,000 cases of which we could hope to see 1,400.

Despite these numbers, the BBRS has been focused on delivering for the customers we can help. Since our launch, the BBRS has seen levels of trust in mediation from both banks and customers increase. Indeed, there is much conciliation and mediation going on in the background that is not reflected in the absolute numbers of settled adjudicated cases.

We continue to work diligently to identify new cases and are leaving no stone unturned to encourage customers to register with us. We will soon be launching multiple campaigns to find remaining historic and contemporary cases.

1 – Count of registrations

The total number of cases registered with the BBRS. These figures do not consider eligibility or account for duplicates.

Total Previous month Difference
Historic 466 457 9
Contemporary 125 123 2
Unestablished date of complaint 201 196 5
Total 792 776 161
  1. Number of cases registered with the BBRS between 1-30 April.

2 – Case Status

Cases may be closed for a variety of reasons, for example the removal of duplicate cases, withdrawals or ineligibility.

Total Previous month Difference
To be allocated 0 0 0
Live1 148 161 -13
Closed2 644 615 29
Total 792 776 16
  1. Live includes all active cases regardless of eligibility, as the BBRS needs to gather sufficient information during the process to make that assessment.
  2. Cases now closed.

3 – Eligibility

The BBRS treats all cases as eligible until we have established the facts relating to each complaint. When a complaint is first assembled, information is collected to check eligibility.

Total
:

Live cases progressing currently as eligible1

Total :

130

:

Live cases assessed as ineligible2

Total :

18

:

Closed cases ineligible3

Total :

97

:

Closed cases eligible4

Total :
0
:

Closed cases non-eligibility reasons5

Total :

547

:

Total

Total :

792

  1. As eligibility is under review throughout the entire BBRS process, most live cases appear in this category.
  2. The number of cases found to be ineligible and remaining live, because the customer or bank may be appealing, they might be being considered for the concessionary case approach or pending closure.
  3. The number of cases found to be ineligible for the BBRS through formal Eligibility Assessments that have completed their journey (i.e. the outcome can no longer be appealed).
  4. The number of cases found to be eligible for the BBRS through formal Eligibility Assessments that have completed their journey (i.e. the outcome can no longer be appealed). Eligible cases that did not require a formal Eligibility Assessment are not in this category.
  5. The number of cases that have completed their journey for reasons unrelated to eligibility.

4 – Reasons for Ineligibility

The table below captures the reasons for ineligibility, not the number of ineligible cases. A case may have multiple reasons for being found ineligible. This also captures instances where a case has not received a formal Eligibility Assessment, but where a customer chooses to withdraw a case because of its ineligibility.

:

Appears the case was eligible for the Financial Ombudsman Service

Total :

76

:

At the time the customer complaint was referred to the bank, the business appears not to meet the required BBRS financials

Total :

59

:

Independent Review

Total :

18

:

Part of the case is time barred1

Total :

14

:

The acts or omissions occurred before 2001

Total :

11

:

Bank complained about is not a participating bank

Total :

8

:

The case has been the subject of a court ruling

Total :

8

:

Bank complained about is not based in the UK (or the act or omission did not occur in the UK)

Total :

4

:

The complaint is subject to a live litigation

Total :

2

:

Total

Total :

200

  1. The complaint was not brought to the bank within the time limits (in general, more than six years after the act or omission complained of or three years after the customer became aware of the act or omission).

5 – Concessionary Cases

If a case falls outside the BBRS’ eligibility criteria, the BBRS may still be able to consider it provided that we, the customer and the bank all agree.

Total
:

Presented to bank1

Total :

27

:

Taken forward2

Total :

7

:

Not taken forward3

Total :

18

:

Referred to other ADR4

Total :

2

:

Awaiting bank response

Total :
0
  1. The number of cases where the BBRS has written to the bank to seek their agreement to consider a case falling outside the BBRS’ eligibility criteria.
  2. The number of cases where the bank has agreed that the BBRS can consider a case falling outside the BBRS’ eligibility criteria under the concessionary case process.
  3. The number of cases where the bank has not agreed that the BBRS can consider a case falling outside the BBRS’ eligibility criteria under the concessionary case process.
  4. The number of cases referred to non-adjudicative methods of ADR that does not involve the BBRS (e.g. mediation or settlement).

6 – Determinations

Both parties to a complaint have the opportunity to respond to a Provisional Determination before the resultant Determination is issued. Any responses to the Provisional Determination will be taken into account before the issuing of the Determination.

Outcomes (open cases only)1
Total Provisional Determinations issued2 21
Total resultant Determinations issued3 13
Outcomes (closed cases only)4
Upheld 1
Partially upheld 6
Not upheld 1
Total 8
  1. These figures account for all cases that have not yet completed their journey (i.e. the outcome could still be appealed).
  2. All eligible cases have a Provisional Determination, which is like a draft outcome, available for comments from both parties.
  3. After a set timeframe and any further submissions from either party, a Provisional Determination becomes a resultant Determination.
  4. These figures account for all cases that have completed their journey (i.e. the outcome can no longer be appealed).

7 – Eligibility Appeals

Total
Appeal notices received 49
Appeal denied1 31
Appeal notices being considered 8
Appeals not proceeding 10
Appeals proceeding 0
  1. The BBRS can only consider an Appeal that meets the permissible grounds for appealing an outcome. If an Appeal does not meet the permissible grounds, it will not be considered.

8 – Awards (closed cases only)1

Total
Financial awards2 6
Non-financial awards 2
Total 8
  1. These figures account for all cases that have completed their journey (i.e. the outcome can no longer be appealed). This figure does not include any settlements made via non-adjudicative alternative dispute resolution or direct settlement as these are confidential between the bank and the customer.
  2. This also captures any financial awards issued for Distress and Inconvenience, regardless of whether a complaint is substantively upheld.