BBRS Reporting Data – as of the close of business 31 December 2022
31 January 2023
As of 31 December 2022, there have been 905 total case registrations, with 85 live cases being worked on. As of 31 December 2022, the BBRS has reached 56 settlements of which 21 were the result of adjudications and 35 were settled directly between the parties following BBRS involvement. Of those resolved directly, 8 cases were resolved via conciliation, and a further 2 were successfully mediated.
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.
We continue to leave no stone unturned to find eligible customers and have now reached almost 80 million Opportunities to See following our targeted marketing campaigns.
The BBRS’ Historical Scheme will be closing to new registrations as planned on 14 February 2023. The BBRS remains open after this date to process historical complaints registered before the deadline and for new registrations to the Contemporary Scheme.
If you know of an individual with a business banking complaint from 2001-2019 that remains unresolved who has not previously registered with the BBRS then please urge them to contact us by chat, phone, email or by completing the online form. All they need to do is register before 14 February 2023 and we’ll investigate the complaint in the coming weeks: https://thebbrs.org/register/
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. We have also installed an accessibility tool to maximise the effectiveness of the site for our customers.
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 | 512 | 515 | -3 |
| Contemporary | 189 | 182 | 7 |
| Dual Scheme1 | 11 | 0 | 11 |
| Unestablished date of complaint | 193 | 188 | 5 |
| Total | 905 | 885 | 202 |
- Cases which potentially have components relating to both Historical and Contemporary schemes. This is the first time we are reporting on Dual Scheme case volume.
- Number of cases registered with the BBRS between 1-31 December.
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 | 85 | 88 | -3 |
| Closed2 | 820 | 797 | 23 |
| Total | 905 | 885 | 20 |
- Live includes all active cases regardless of eligibility. This includes cases to be allocated. As of 31 December 2022 there were 14 cases awaiting allocation.
- 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 :
76 |
|
:
Live cases assessed as ineligible2 |
Total :
9 |
|
:
Closed cases ineligible3 |
Total :
141 |
|
:
Closed cases eligible4 |
Total :
11 |
|
:
Closed cases non-eligibility reasons5 |
Total :
668 |
|
:
Total |
Total :
905 |
- 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 :
95 |
|
:
At the time the customer complaint was referred to the bank, the business appears not to meet the required BBRS financials |
Total :
91 |
|
:
Independent Review |
Total :
30 |
|
:
Settled prior to registration |
Total :
22 |
|
:
Part of the case is time barred1 |
Total :
19 |
|
:
The case has been the subject of a court ruling |
Total :
15 |
|
:
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 :
301 |
- 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 :
37 |
|
:
Taken forward2 |
Total :
8 |
|
:
Not taken forward3 |
Total :
27 |
|
:
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. 10 of these cases were taken forward, either as partly eligible, or taken back by the bank and settled.
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 | 44 |
| Total resultant Determinations issued3 | 37 |
| Outcomes (closed cases only)4 | |
|---|---|
| Upheld | 4 |
| Partially upheld | 19 |
| Not upheld | 12 |
| Total | 35 |
- These figures account for all determinations issued.
- 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 | 69 |
| Appeal notices denied1 | 55 |
| Appeal notices being considered by the panel | 13 |
| Appeals notices pending | 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 | 21 |
| Non-financial awards | 14 |
| Total | 35 |
- 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.
