Definition of a complaint
Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, which:
(1) alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience and (2) relates to an activity of that respondent, or of any other respondent with whom that respondent has some connection in marketing or providing financial services or products, which comes under the jurisdiction of the Financial Ombudsman Service in the UK.
Definition of a complainant
The applicable definition of 'eligible complainant' is contained in the FCA Handbook. It is important that managing agents refer to that definition but in summary, 'eligible complainants' are:
- A consumer
- A micro-enterprise which employs fewer than 10 persons and has a turnover or annual balance sheet that does not exceed €2 million
- A charity which has an annual income of less than £6.5 million at the time the complaint is made
- A trustee of a trust which has a net asset value of less than £5 million at the time the complaint is made
- A person acting for purposes which are outside that person’s trade, business or profession
- A small business which is not a micro-enterprise and has and has an annual turnover of less than £6.5 million and employs fewer than 50 persons; or has a balance sheet total of less than £5 million
- A guarantor
Application of Lloyd’s procedure and local complaint regulations
All insurance policies written on a freedom of services or establishment basis.
It is Lloyd’s understanding that there are no local complaints handling rules which apply to Lloyd’s. However, it remains the managing agent’s responsibility to ensure all local requirements are met, where applicable, in all territories in which they write business.
A final response to be provided within 8 weeks of receipt of the complaint.
EDR scheme and eligibility
Complaints from natural persons resident in Luxembourg and relating to non-professional insurance contracts (including life insurance) may be referred to the insurance ombudsman:
55, rue des Bruyères
Tel: 49 60 22 1
Fax: 49 49 57
Alternatively, complaints may be referred to:
The Financial Ombudsman Service
London E14 9SR
Tel: +44 20 7964 1000 (from outside the UK)
Local Regulatory Reporting Requirements
Lloyd’s Complaint Notice
The new generic complaints notice for the EEA should be used for Luxembourg. This will be published on the Lloyd’s Wordings Repository and referenced in the Pre contractual notification and Insurance documents sections of Crystal.