BBRS Reporting Data – as of the close of business 31 August 2022
27 September 2022
As of 31 August 2022, the BBRS has reached 38 settlements of which 13 were the result of determinations and 25 were settled directly between the parties following BBRS involvement. Of those resolved directly, 3 cases were resolved via conciliation, and a further 2 were successfully mediated.
Of the total of 846 cases registered (from go live 15th Feb 2021 to 31 August 2022) we now have 99 live cases being worked on, with no waiting list. The BBRS continues to resolve disputes both through adjudication and by facilitating settlements directly between the parties, however 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 1,400, rather than the 6,000 anticipated at launch.
The historical scheme closes for new registrations on 14 February 2023, and the BBRS is leaving no stone unturned in encouraging eligible SMEs to come forward. The BBRS has resumed our advertising efforts in our endeavour to reach as many SME groups as possible. To support this work, we have made some changes to our website, making this more accessible and user-friendly.
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 | 499 | 498 | 1 |
| Contemporary | 168 | 162 | 6 |
| Unestablished date of complaint | 179 | 177 | 2 |
| Total | 846 | 837 | 91 |
-
- Number of cases registered with the BBRS between 1-31 August.
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 | 99 | 107 | -8 |
| Closed2 | 747 | 730 | 17 |
| Total | 846 | 837 | 9 |
- Live includes all active cases regardless of eligibility, as the BBRS needs to gather sufficient information during the process to make that assessment.
- 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 :
91 |
|
:
Live cases assessed as ineligible2 |
Total :
8 |
|
:
Closed cases ineligible3 |
Total :
124 |
|
:
Closed cases eligible4 |
Total :
6 |
|
:
Closed cases non-eligibility reasons5 |
Total :
617 |
|
:
Total |
Total :
846 |
- As eligibility is under review throughout the entire BBRS process, most live cases appear in this category.
- 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.
- 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).
- 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.
- 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 :
93 |
|
:
At the time the customer complaint was referred to the bank, the business appears not to meet the required BBRS financials |
Total :
75 |
|
:
Independent Review |
Total :
25 |
|
:
Part of the case is time barred1 |
Total :
14 |
|
:
The acts or omissions occurred before 2001 |
Total :
12 |
|
:
Bank complained about is not a participating bank |
Total :
8 |
|
:
The case has been the subject of a court ruling |
Total :
13 |
|
:
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 :
3 |
|
:
Total |
Total :
247 |
- 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 :
28 |
|
:
Taken forward2 |
Total :
7 |
|
:
Not taken forward3 |
Total :
19 |
|
:
Bank response pending |
Total :
2 |
- 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.
- 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.
- 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.
| Outcomes (open cases only)1 | |
|---|---|
| Total Provisional Determinations issued2 | 36 |
| Total resultant Determinations issued3 | 29 |
| Outcomes (closed cases only)4 | |
|---|---|
| Upheld | 2 |
| Partially upheld | 13 |
| Not upheld | 7 |
| Total | 22 |
- These figures account for all cases that have not yet completed their journey (i.e. the outcome could still be appealed).
- All eligible cases have a Provisional Determination, which is like a draft outcome, available for comments from both parties.
- After a set timeframe and any further submissions from either party, a Provisional Determination becomes a resultant Determination.
- 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 | 62 |
| Appeal denied1 | 47 |
| Appeal notices being considered | 13 |
| Appeals notices under review from panel | 2 |
- 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 | 13 |
| Non-financial awards | 9 |
| Total | 22 |
- 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.
- This also captures any financial awards issued for Distress and Inconvenience, regardless of whether a complaint is substantively upheld.
