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BBRS Reporting Data – as of the close of business 31 March 2022

25 April 2022

As of 31 March we have reached 21 settlements of which 12 were negotiated directly with banks via ADR and 8 were financial settlements via the BBRS following adjudication, 1 case was resolved via conciliation. Looking at our pipeline of complaints, we are expecting these numbers to increase significantly over the coming months.

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.

We continue to seek diligently for these cases. Our activities to find eligible cases include running a campaign which accessed some 54 million Opportunities to See (OTS) over the autumn. We are also about to run two test campaigns, one on the contemporary scheme and one on the historic scheme. Based on the data we derive from these schemes we will be examining additional campaigns to find the remaining cases.

In recent months we have improved our service by producing a ‘can we help you’ tool which enables customers to check their eligibility before registering. This has meant that we don’t get as many ineligible customers slowing down the system (ineligibility often comes to light when customers are some way through the system).

From the total of 776 cases registered (from go live 15th Feb 2021 to 31 March 2022) we now have 161 cases being worked (with no waiting list).

The speed at which cases are able to move through the system is determined by a number of factors including the relative complexity of the case; the ability of the customer and/or the bank to find the relevant paperwork; the willingness of the customer and/or bank to engage in the process. Given the historic nature of many cases, many customers find it difficult to engage emotionally in the trauma they may have suffered many years ago. Our customer champions are in place to help customers at every step of their journey.

1 – Count of registrations

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

Total Previous month Difference
Historic 457 452 5
Contemporary 123 116 7
Unestablished date of complaint 196 186 10
Total 776 754 22

2 – Case Status

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

Total Previous month Difference
To be allocated 0 0 0
Live 161 164 -3
Closed 615 590 25
Total 776 754 22

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 :

137

:

Live cases assessed as ineligible

Total :

24

:

Closed cases ineligible2

Total :

89

:

Closed cases eligible3

Total :
0
:

Closed cases non-eligibility reasons4

Total :

526

:

Total

Total :

776

  1. As eligibility is under review throughout the entire BBRS process, most cases will appear in this category until they receive a Provisional Determination or an Eligibility Assessment.
  2. 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).
  3. 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 have not been subject to a formal Eligibility Assessment will not be captured in this category.
  4. 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 :

71

:

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

Total :

53

:

Independent Review

Total :

17

:

Part of the case is time barred1

Total :

13

:

Bank complained about is not a participating bank

Total :

8

:

The case has been the subject of a court ruling

Total :

8

:

The acts or omissions occurred before 2001

Total :

10

:

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 :

186

  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 :

26

:

Taken forward2

Total :

7

:

Not taken forward3

Total :

16

:

Referred to other ADR4

Total :

3

:

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. 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 issued 17
Total Determinations issued 11
Total Final Determinations issued 1
Total 17
Outcomes (closed cases only)2
Uphold 1
Partial uphold 6
Reject 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: 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 41
Appeal denied1 27
Appeal notices being considered 5
Appeals not proceeding 9
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 awards issued2 6
Non-financial 2
  1. These figures account for all cases that have completed their journey (i.e. the outcome can no longer be appealed).
  2. This also captures any financial awards issued for Distress and Inconvenience, regardless of whether a complaint is substantively upheld.