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Ireland

Definition of a complaint

An expression of grievance or dissatisfaction by a consumer, either orally or in writing, in connection with:

a) The provision or the offer of the provision of a product or service to a consumer by a regulated entity or;

b) The failure or refusal of a regulated entity to provide a product or service to a consumer

Definition of a complainant

There is no definition of a complainant. However, a complaint must be submitted by a consumer.

The definition of a consumer is:

•An individual person.

•Partnerships with an annual turnover of less than €3 million.

•Clubs with an annual turnover of less than €3 million.

•Charities with an annual turnover of less than €3 million.

•Trusts with an annual turnover of less than €3 million.

•Sole Traders with an annual turnover of less than €3 million. 

•A limited company with an annual turnover of less than €3 million

Application of Lloyd’s procedure and local complaint regulations

All insurance policies written on a freedom of services or establishment basis

Timescale

•An acknowledgement within 5 business days.

•An update in writing at least every 20 business days.

•A final response within 40 business days.

•If a response is not issued within 40 business days, a letter should be issued to the insured advising of why a letter has not been sent. The letter should also detail a date to which the response will be sent. Insured should also be given full referral rights to the FSO.

•If a complaint is resolved within 5 business days of receipt, a brief description of the complaint and details on how the complaint was resolved must be provided to the International Complaints Team alongside a copy of the International Notification Spreadsheet.

EDR scheme and eligibility

Financial Services Ombudsman

3rd Floor, Lincoln House

Lincoln Place

Dublin 2

Ireland

Tel: +353 1 6 620 899

Fax: +353 1 6 620 890

E-mail: enquiries@financialombudsman.ie

Financial Services Ombudsman website

The FSO will only deal with a complaint if the insurer has dealt with the complaint in accordance with the Consumer Protection Code 2012 and has given the complainant a

final response letter within 40 days of receipt of the complaint, as required by the Consumer Protection Code 2012 (with limited exceptions). The FSO will not deal with a complaint if the incident that gave rise to it happened more than 6 years before the complaint was submitted to the FSO or if the complaint has been, or is, before a court or arbitration tribunal.

Local Regulatory Reporting Requirements

None

Lloyd’s Complaint Notice

A new complaints notice for Ireland LSW1836A has been produced.

It is available on the Lloyd’s Wordings Repository and is referenced in the Pre-contractual notification and Insurance documents sections of Crystal.