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

21 December 2022

As of 30 November 2022, the BBRS has reached 50 settlements of which 19 were the result of adjudications and 31 were settled directly between the parties following BBRS involvement. Of those resolved directly, 6 cases were resolved via conciliation, and a further 2 were successfully mediated.

Of the total of 885 cases registered (from go live 15th Feb 2021 to 30 November 2022) we now have 88 live cases being worked on. While numbers of cases achieving resolution are increasing, the overall case volume is not what was expected at the formation of the scheme. The BBRS commissioned in depth research conducted by Bayes Business School which suggests that the total number of eligible historical case registrations over 3 years is likely to be closer to 1,650, rather than the 6,000 anticipated at launch.

Following our previous campaign where we reached 55 million Opportunities To See (OTS), the BBRS has delivered a second targeted campaign achieving over 22 million OTS. This campaign highlights the closure of the historical scheme on 14 February 2023, through advertisements, third party endorsements and coverage in trade publications. We are leaving no stone unturned to ensure as many eligible SMEs as possible have been told about this free service.

We are also encouraging customers with banking complaints since 2019 to register these with us as the BBRS contemporary scheme will be continuing into 2023.

In previous reports we have highlighted how we have made the website more customer focused and easy to use. We continue to test and innovate in the way we engage potential customers through the website in order to capture registrations. We are using an online chat function and a call back service to maximise the ways that potential customers can register with us.

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 515 510 5
Contemporary 182 183 -1
Unestablished date of complaint 188 180 8
Total 885 873 121
    1. Number of cases registered with the BBRS between 1-30 November.

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
Live1 88 98 -10
Closed2 797 775 22
Total 885 873 12
  1. Live includes all active cases regardless of eligibility. This includes cases to be allocated. As of 30 November 2022 there were 7 cases awaiting allocation.
  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 :

73

:

Live cases assessed as ineligible2

Total :

15

:

Closed cases ineligible3

Total :

132

:

Closed cases eligible4

Total :

9

:

Closed cases non-eligibility reasons5

Total :

656

:

Total

Total :

885

  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 :

95

:

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

Total :

87

:

Independent Review

Total :

27

:

Settled prior to registration

Total :

22

:

Part of the case is time barred1

Total :

18

:

The case has been the subject of a court ruling

Total :

14

:

The acts or omissions occurred before 2001

Total :

12

:

Bank complained about is not a participating bank

Total :

9

:

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 :

4

:

Total

Total :

292

  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 :

36

:

Taken forward2

Total :

8

:

Not taken forward3

Total :

25

:

Bank response pending

Total :

3

  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.

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.

Determinations1
Total Provisional Determinations issued2 39
Total resultant Determinations issued3 36
Outcomes (closed cases only)4
Upheld 3
Partially upheld 18
Not upheld 9
Total 30
  1. These figures account for all determinations issued.
  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 65
Appeal notices denied1 50
Appeal notices being considered by the panel 13
Appeals notices pending 2
  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 19
Non-financial awards 11
Total 30
  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.