Definition of a Complaint
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
While Lloyd’s recognises that the local complaints handling regulations do not apply to Lloyd’s underwriters, the Lloyd’s complaints procedure applies to all insurance policies written on a freedom of services or establishment basis.
- An acknowledgement of the complaint within two weeks of receipt of the complaint.
- Final response to be provided within six weeks of receipt of the complaint.
EDR scheme and eligibility
Complaints Institute for Financial Services (Kifid)
PO Box 93257 /
2509 AG The Hague / 2509 AG Den Haag
Tel: 070 333 8999
Kifid will not deal with complaints against EEA insurers that are not members of Kifid, such as Lloyd’s underwriters. However, it will deal with such complaints if the business has been transacted through a member of Kifid, e.g., a coverholder or service company in the Netherlands. Complaints made against Lloyd’s underwriters that have not been transacted through a member of Kifid are likely to be referred to the UK Financial Ombudsman Service.
Kifid will deal with complaints only from individual persons.
A complainant may refer complaints to Kifid that relate to business transacted through a member of Kifid six weeks after the complaint has been received by the insurer or eight weeks after the complaint has been submitted if there has been no response.
Local Regulatory Reporting Requirements
Lloyd’s Complaint Notice
The new complaints notice for the Netherlands is LSW1877. The pre-contractual notice LSW1002NL has been archived accordingly.
The new complaints notice has been published on the Lloyd’s Wordings Repository in English and Dutch and is referenced in the Pre-contractual notification section of Crystal.