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

29 November 2022

As of 31 October 2022, the BBRS has reached 48 settlements of which 18 were the result of adjudications and 30 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 873 cases registered (from go live 15th Feb 2021 to 31 October 2022) we now have 98 live cases being worked on. The BBRS continues to resolve disputes, and progress has been made both in adjudication results and in facilitated settlements, however the overall case volume is not what was expected at launch. The BBRS commissioned in depth research conducted by Bayes Business School which suggests that the total number of eligible case registrations over 3 years is likely to be closer to 1,650, rather than the 6,000 anticipated at the time the scheme went live.

14 November 2022 marked 3 months to go until the closure of the historical scheme to new case registrations. The BBRS has delivered a successful targeted campaign to highlight the closure of the historical scheme to new entrants on social media and with trade publications. We are leaving no stone unturned to ensure as many eligible SMEs as possible have been told about this free service.

With the same determination to do all we can to find eligible customers we have also delivered a targeted digital advertising campaign encouraging SMEs owners with historical or contemporary banking complaints to 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.

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 510 504 6
Contemporary 183 174 9
Unestablished date of complaint 180 184 -4
Total 873 862 111
    1. Number of cases registered with the BBRS between 1-31 October.

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 98 97 1
Closed2 775 765 10
Total 873 862 11
  1. Live includes all active cases regardless of eligibility. This includes cases to be allocated. As of 31 October 2022 there were 12 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 :

87
:

Live cases assessed as ineligible2
Total :

11
:

Closed cases ineligible3
Total :

129
:

Closed cases eligible4
Total :

7
:

Closed cases non-eligibility reasons5
Total :

639
:

Total
Total :

873
  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 :

94
:

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

82
:

Settled
Total :

22
:

Independent Review
Total :

27
:

Part of the case is time barred1
Total :

17
:

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 :

4
:

Total
Total :

283
  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 :

34
:

Taken forward2
Total :

8
:

Not taken forward3
Total :

24
:

Bank response pending
Total :

2
  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 37
Total resultant Determinations issued3 36
Outcomes (closed cases only)4
Upheld 3
Partially upheld 17
Not upheld 7
Total 27
  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 64
Appeal notices denied1 49
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 18
Non-financial awards 9
Total 27
  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.