Introduction

This Complaints Procedure (‘procedure’) sets out the procedures operated by JBR Capital Limited (“JBR Capital”) in order to ensure it fully complies with the relevant sections of the FCA Handbook as it relates to the activities of identifying, resolving, recording and reporting of complaints raised by JBR’s customers or potential customers. This Complaints Procedure manual should be read in conjunction with the JBR Capital Treating Customers Fairly statement (see Appendix). 

The responsibilities identified in this Complaints Procedure applies to all of JBR Capital’s personnel when carrying out FCA authorised activities on behalf of JBR Capital.  For the purposes of the Complaints Procedure, JBR Capital’s personnel includes any individual:

  • Who is employed or appointed by JBR Capital in connection with JBR Capital’s business, whether under a contract of service or for services or otherwise (this therefore includes directors and consultants);
  • Whose services, under an arrangement between JBR Capital and a third party, are placed at the disposal and under the remit of JBR Capital. For the purposes of this Manual therefore the term personnel includes contractors and temporary staff.

The term personnel when used in this procedure means all the individuals who fall within the definition of JBR Capital’s personnel set out above.

This procedure will be amended and updated to reflect changes in JBR Capital’s business practices and the relevant regulatory framework.

JBR Capital’s Business

JBR Capital provides Hire Purchase, Lease Purchase, Contract Purchase and other such appropriate funding for the purchase of High End Vehicles which are transacted on an unregulated basis.

General Rules

Principles for Business

JBR Capital and its personnel will comply with the FCA’s 11 principles for business, namely:

  • A firm must conduct its business with integrity.
  • A firm must conduct its business with due skill, care and diligence.
  • A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
  • A firm must maintain adequate financial resources.
  • A firm must observe proper standards of market conduct.
  • A firm must pay due regard to the interests of its customers and treat them fairly.
  • A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
  • A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
  • A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

A firm must arrange adequate protection for clients’ assets when it is responsible for them.

  • A firm must deal with its regulators in an open and cooperative way, and must disclose to the appropriate regulator appropriately anything relating to the firm of which that regulator.

Communication with customers

JBR Capital and its personnel will take all reasonable steps to communicate with its customers in a way that is clear, fair and not misleading. With regard to the handling of complaints, JBR Capital adopts a ‘Treating Complainants Fairly’ ethos.

Customer Complaints

 

Introduction

 

JBR Capital is required to have procedures to enable it to respond appropriately (‘diligently and fairly’) to complaints received from eligible complainants within stipulated time limits.  In the event that JBR Capital is unable to resolve a complaint, it will refer the eligible complainant to the Financial Ombudsman Service (“FOS”).

 

JBR Capital does not operate a branch office open to the public. All complainants will be provided with a notice indicating that the complaints process is covered by the Financial Ombudsman Service. 

 

Complaints handling procedures – general

 

The JBR Capital Compliance Officer is responsible for ensuring JBR Capital’s compliance with the FCA DISP and COMP requirements, and for the monitoring of procedures for securing compliance with these requirements.

 

The JBR Capital Chief Operating Officer (COO) is responsible for putting into practice and fulfilling the requirements of the Complaints Manual.

 

All complaints received by JBR Capital personnel, whether orally or in writing, must be referred to the Compliance Officer in the first instance.  In reporting the receipt of a complaint to the Compliance Officer, full details of the complaint including the date of receipt of the complaint by JBR Capital must be included in a completed JBR Capital Complaint Report.

 

If there is any doubt as to whether a communication from a customer is a complaint, the Compliance Officer should be consulted.  Personnel should be over cautious when reporting a communication from a customer even when they are not sure as to whether or not it is a complaint. The Compliance Officer will decide whether the complaint is from an eligible complainant or not. 

 

If it is decided the complaint is an eligible complaint, then the JBR Capital Chief Operating Officer (COO) is responsible for ensuring the procedures set out below are followed. It is noted that the FCA rules do not specify any complaints handling procedures for complaints from a complainant who is not eligible.

Summary of complaints handling procedures – eligible complainants

1) JBR Capital will acknowledge the complaint in writing within 5 working days of receipt of the complaint.

2) JBR Capital will investigate all complaints and liaise with the neccessasry parties involved. Where possible, an update will be provided.

3) JBR will endeavour to send a final response to the complainant within 8 weeks of receipt of the complaint. If JBR Capital are unable to provide a final response within this time frame, the company will write to the complainant explaining why, and advise them when they can expect a final response.

4) If more than 8 weeks has passed from the date of complaint and no final response has been issued, or the complainant is dissatisfied with the final response received (at any stage of the process), the complainant is entitled to write to:

Financial Ombudsman Service (FOS)
South Quay Plaza
183 Marsh Wall
London
E14 9SR

The complainant must refer their complaint to the Financial Ombudsman within 6 months of the date of the final response.

Record keeping and reporting

 

The JBR Capital Chief Operating Officer (COO) is responsible for maintaining JBR Capital Complaints Log. 

 

The JBR Capital Compliance Officer is responsible for submitting complaints reports to the FCA every twelve months. The complaints reports must be submitted to the FCA within one month of the end of the relevant reporting period.  The report must be addressed to the Notification, Reporting & Data Maintenance department of the FCA and is submitted in electronic format through the FCA’s Gabriel Reporting System.

 

The yearly report to the FCA contains (for the relevant reporting period) information about:

  • The total number of complaints received by the Company, broken down by categories relevant to the Company;
  • The total number of complaints closed by the Company in certain timeframes and
  • The total number of complaints outstanding at the end of the reporting period.

 

JBR Capital will retain full details of all complaints for a minimum period of three years from the date of its receipt of the complaint.  This will include details of the complainant, the substance of the complaint, and any correspondence between JBR Capital and the complainant. The COO will ensure all details are retained in the customer file (customer account) as well as in a separate electronic Complaints File.

Complaints Handling Procedures

 

In the event that JBR Capital Ltd receives a complaint from an “eligible complainant”, JBR Capital will comply with the following procedure:

 

Eligibility to complain: making the initial assessment

 

Upon receipt of a complaint, the matter will be referred to the Compliance Officer, to confirm an ‘eligible complaint’ has been made or in their absence some other suitably qualified senior person not directly involved in the subject matter of the complaint

 

The Compliance Officer will investigate the complaint and assess whether the complaint is one which is subject to the requirements set out in the FCA’s Dispute Resolution Manual (“DISP”).  If the complaint falls into one of the following categories, then JBR Capital is not subject to the requirements of the complaints handling procedures set out in DISP:

 

  • The complaint is not made by an eligible complainant, either directly or indirectly; or
  • The activity complained of does not relate to an activity which falls within the jurisdiction of the Financial Ombudsman Scheme; or
  • The complaint does not involve any allegation that the complainant has suffered or is likely to suffer financial loss, material distress or material inconvenience.

 

Where JBR Capital receives a complaint, which does fall into one of the categories above, then the company will investigate the complaint and report back to the complainant.

 

Resolution of eligible complaints

 

The investigation of all eligible complaints and their resolution will be the responsibility of the Chief Operations Officer (COO) who may choose to delegate the investigation and resolution of the complaint. Ensuring a resolution of the complaint within appropriate timeframes is the responsibility of the COO. Ongoing monitoring of JBR Capital’s compliance with FCA regulations is the responsibility of the Compliance Officer.

 

JBR Capital will endeavour to resolve all complaints before the end of the working day following the day of the receipt of the complaint. The person receiving the complaint will complete the JBR Complaint Report and pass it to the Compliance Officer for their confirmation that it is an ‘eligible complaint’ under the DISP requirements.

 

If JBR Capital can resolve the complaint within one business day following receipt of the complaint, this complaint will be noted on the JBR Capital ‘One Day’ Complaints Log. If JBR Capital cannot resolve the complaint within one business day following receipt of the complaint, it will send a written acknowledgment of the complaint within five business days following its receipt.

 

The written acknowledgement will:

 

  1. Confirm receipt of the complaint;
  2. Identify the person who is to investigate the complaint; and
  3. Supply a copy of JBR Capital’s Complaints Handling Procedure 

 

Within four weeks of receiving the complaint, JBR Capital will send the complainant either:

 

  1. A Final Response, together with a copy of the Financial Ombudsman Service’s leaflet, setting out how JBR Capital has resolved the complaint and reminder that the complainant may refer the matter to the Financial Ombudsman Scheme within six months of receiving the Final Response; or
  2. A Holding Response indicating that the matter is still under investigation and that JBR Capital will contact the complainant in due course.

 

Where the matter is not resolved by JBR Capital within four weeks following receipt of the complaint, then within eight weeks after receipt of the complaint it will send the complainant either:

 

  1. A Final Response, together with a copy of the Financial Ombudsman Service’s leaflet, setting out how JBR Capital has resolved the complaint and reminder that the complainant may refer the matter to the Financial Ombudsman Scheme within six months of receiving the Final Response; or
  2. A response setting out that JBR Capital is still unable to resolve the complaint, and a reminder that the complainant may have recourse at this stage to the Financial Ombudsman Scheme caused by the delayed resolution of the matter.

 

Compensation

 

In instances where JBR Capital decides to offer redress or compensation relating to a complaint received, it will ensure that the compensation offer is fair and appropriate to any financial loss, material distress or material inconvenience suffered by the complainant.

 

Where compensation is to be offered, JBR Capital will provide the complainant with a reasonable opportunity of at least seven business days from the date of the offer to consider the offer.

APPENDICES

 

Appendix 1

 

Treating Customers Fairly 

 

The company ethos

 

The company believes that we should treat our customers fairly in all aspects of our dealings with them.

Having satisfied customers is vital to the success of the company since our name and reputation are important to us and the future prospects of the company.

Our aim is to ensure we deliver a best in class service to our customers. By the very nature of the products we offer speed of service and the ability to complete quickly is a fundamental requirement. Keeping our promises is also important not only for the benefit of the customer but also our good name in the market.

It is our intention that customers should always know the costs and charges associated with buying a product from us. These should be expressed clearly and not be hidden in the small print.

Whilst the company is in business to make a profit it still tries to ensure that customers are treated fairly. Examples of this attitude can be seen in the clear explanation of costs and charges and the individual approach to dealing with customers in arrears.

Staff are all trained for the role they perform and have access to appropriate policies and procedures. This will enable them to meet the needs of the customer and perform their role in a compliant manner.

Should you become aware of any instances where you do not think we are treating our customer fairly you should raise this with the Chief Executive Officer immediately.

 

FCA Requirements

 

The FCA requires that companies treat their customers fairly and have an area of their website dedicated to publishing information about this including good and not so good practices.

This can be found at https://www.fca.org.uk/firms/fair-treatment-customers

Details of all of the requirements are set out within our processes and can be found within the various sections of the Compliance Manual.

The Chief Executive Officer keeps a record of our TCF policy and how he considers the company complies with this requirement. This includes records of how products are designed taking TCF into account and are available for use in training staff who deal both with the public and intermediaries.

 

The FCA has 6 TCF Customer Outcomes that have to be met:

  • Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
  • Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
  • Consumers are provided with clear information and are kept appropriately informed, before, during and after the point of sale.
  • Where customers receive advice, the advice is suitable and takes account of their circumstances.
  • Consumers are provided with products that perform as firms have led them to expect, and the associated service is both of an acceptable standard and as they have been led to believe.
  • Consumers do not face unreasonable post sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.

 

This TCF statement is issued to all members of staff in order that they are clear about our commitment to TCF and what it means to the way in which we run the business

 

Treating Customers Fairly Statement

 

The Directors and Management of JBR Capital are committed to ensuring that the Financial Conduct Authority (FCA) principle of treating customers fairly (TCF) is applied in all areas of our day to day business activities.

 

In adopting the TCF principle we recognise that fair treatment of our customers is about adding value to the service we offer by aiming to:

 

  • protect the interests of our customers at each stage of the product life cycle, from promotion right through to after sales service
  • meet as best we can the unique needs of each customer by offering a transparent, efficient and professional service, and constantly reviewing our service to identify areas for improvement

 

In practical terms for the different areas of our business this means:

 

  • ensuring that promotional material is clear, compliant, jargon free and appropriately targeted and is also fair and not misleading
  • ensuring that sales staff (both on and offsite) have thorough training on all products they sell, understand who they are and aren’t suitable for, and are encouraged to challenge wherever they spot inconsistencies, ambiguities or potential unfairness in the product literature or product features
  • operating sales remuneration systems which assure fairness to the customer as well as customer satisfaction
  • finding ways to ensure non sales staff implement TCF in their day to day business activities
  • keeping detailed records of customer instructions before, during and after a sale – to help ensure we treat customers fairly and can deal with any complaints that may arise swiftly and fairly
  • encouraging after sales contact with clients where appropriate to correct or improve on the service already offered
  • ensuring that customer complaints are assessed fairly, promptly and impartially, and in line with FCA deadlines and rules
  • encouraging staff to recommend improvements to service following customer complaints – and monitoring the outcome
  • ensuring that staff are kept up to date with relevant training in relation to competence, data protection and other matters directly affecting the quality of service offered to customers
  • offering regular training in the principle of TCF at all levels of the business
  • regularly monitoring and reporting on all of the above TCF activities as part of the company’s monthly management information review in order to assess TCF performance across the business and recommend changes where appropriate
  • ensuring that TCF values, which are set and communicated by Senior Management, are supported by all staff and understood in the same way

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