Royal Bank of Scotland : RBS Launches a New Complaints Process and Refund of Complex Fees for SME customers in GRG

A) How do you define an in-scope customer for the new complaints process?

A customer is in-scope for the new complaints process with independent third-party oversight if they meet all of the following criteria:

• A small or medium-sized enterprise (SME) customer
• managed in the UK or Republic of Ireland
• under the control of GRG
• during the period 2008-2013.

B) Can I complain if my company is insolvent?

Yes, you can complain. However, we are only able to deal with the officials of the company presently appointed and listed at Companies House or Companies Registration Office in the Republic of Ireland. So you will also need to engage with the relevant person at the Administrator or Liquidator should you wish to complain.

C) How do I make a complaint?

If you would like to raise a complaint in relation to GRG, please complete the complaints form which can be found on our website [PDF 96KB] and email a copy to the GRG Customer Helpdesk: GRGCustomerHelpdesk@rbs.co.uk

If you would prefer, you can also write to us using the postal address:

GRG Customer Helpdesk, PO Box 71875, London. N1P 1WZ

Alternatively you can call the helpdesk using one of the following numbers:

Telephone: 0800 0294 370

or from abroad: +44 184 222 6142

Text Relay: 18001 0800 0294 370

D) Do I need to wait for the FCA review to be completed?

No, you do not need to wait for the FCA review to be completed.

The steps we have announced have been developed with the involvement of the FCA who agree these actions are appropriate steps for us to take now.

E) Do I need to have a solicitor or third party to represent me?

No. The complaints process is very straight forward and we are here to answer any questions you may have, so we do not believe it is necessary for customers to involve solicitors in making a complaint. The new complaints process, including the Independent Third Party appeals process, will not make any determination on legal causes of action.

If you would like a solicitor or third party to represent you, we will need a letter of authority from you to confirm the person or firm you want us to deal with on your behalf.

F) Are there any reasons why you won't review my complaints?

Yes. The review process is not appropriate for complaints that have previously been the subject of a decision by the Financial Ombudsman Service (FOS), Financial Services Ombudsman (FSO) in the Republic of Ireland or of the courts. It also may not be appropriate to consider complaints from customers in ongoing litigation against the bank or who have threatened litigation in formal Letters Before Claim unless the customer and RBS agree to stay those proceedings while the complaint is being considered.

The review process will not make a determination on legal causes of action or in relation to allegations of criminal behaviour, fraud, dishonesty or other issues of conscious impropriety by RBS or its staff. Customers should refer any such allegations to the appropriate authorities.

Further detail about the complaints process has been provided in the complaints process principles.

G) What do I do if I'm not in scope?

If you would like to complain you should contact your relationship manager or if it is in relation to an existing complaint then you should contact your complaint handler.

H) How will the new complaints process work?

We are creating a new complaints process for SME customers that were in GRG during the period 2008-2013. This will be delivered by a specialist team. An Independent Third Party, retired High Court Judge, Sir William Blackburne, will perform an assurance and appeal role as part of the process. This adds a more robust and independent step to the complaints process to deliver fair outcomes should SME customers who were in GRG wish to complain about their treatment.

The bank will assess a customer's complaint in the first instance and then advise the customer in writing whether the complaint has been upheld and, if so, whether the bank proposes to pay any compensation for direct losses incurred by the customer.

The customer will have the option to appeal this decision to the Independent Third Party within 28 days of the date of the decision letter. A customer can appeal against any aspect of the decision reached by the bank's complaints process. This includes appealing against complaints that have been upheld by the bank but where the customer is unhappy with the outcome or the offer made by the bank.

If the customer appeals the bank's decision, the Independent Third Party will reach their own conclusion on whether the complaint should be upheld or not and on what basis. The Independent Third Party will record their decision, including any award for direct loss only, and a brief summary of their reasons will be provided to RBS and the customer.

Subject to the customer accepting the Independent Third Party's decision, the decision of the Independent Third Party will be binding on the bank.

Further detail about the complaints process has been provided in the customer journey through the complaints process on the website.

If you have any questions about this process please contact the GRG Customer Helpdesk by emailing GRGCustomerHelpdesk@rbs.co.uk

Alternatively you can call the helpdesk using one of the following numbers:

Telephone: 0800 0294 370

or from abroad: +44 184 222 6142

Text Relay: 18001 0800 0294 370

I) How long will the complaints process take?

We are committed to completing the complaints process as quickly as possible, but we must also ensure that the process is thorough. In some cases it may take some time as we will need to collate and review a significant amount of information in order to reach a decision. We will keep customers informed throughout to ensure they are aware of the status of their complaint. Please note that, as the Independent Third Party is assuring the complaints process, complaint outcomes cannot be delivered until we have received confirmation that he is happy for the bank to commence responding to customers.

J) What do you mean by direct losses?

For the purpose of the new complaints process, 'direct loss' means sums of money paid by a customer to RBS or a customer's out of pocket costs of meeting RBS's requirements that were a direct result of an upheld complaint. Examples include:

• arrangement fees
• renewal fees
• excess fees
• increased interest payments made to RBS by a customer
• costs and expenditure incurred by a customer in connection with an independent business review, a valuation report, a security review, or other actions required by RBS, or
• Costs and expenditure incurred by a customer for the appointment of a third party to the customer at the request of RBS.

We will provide further clarification on direct losses in the principles governing the review of complaints relating to RBS's Global Restructuring Group which we will make available on our website shortly: www.rbs.com/grg

K) Will you consider claims for consequential loss?

In the event that a complaint is upheld through the complaints process, and the customer accepts the decision, the bank will consider any claim for consequential loss that the customer wishes to pursue, based on the findings. In considering any claim for consequential loss, the bank will apply established legal principles to determine whether the loss is factually and legally attributable to it.

The process for consideration of claims for consequential loss will not be overseen by the Independent Third Party and there will be no right of appeal to the Independent Third Party in respect of consequential loss claims.

Further detail about the complaints process has been provided in the complaints process principles on the website.

L) What is the role of the Independent Third Party?

The Independent Third Party will play a dual role:

(1) provide assurance that the process and methodology for the complaints review are appropriate and provide a framework that enables a thorough and robust assessment of complaints both at the outset and on an ongoing basis;

(2) operate the Independent Third Party appeals process. This will include:

• where a customer appeals a decision made in the bank's complaints review, assessing RBS's actions that are the subject of the complaint having regard to certain standards
• where the Independent Third Party decides it is appropriate, assessing and awarding compensation for direct loss, and
• preparing a record of their decision in a short summary document and providing this to RBS and the customer.

M) Do all customers that complain have access to the Independent Third Party appeal process?

All in-scope customers will have the right of appeal to the Independent Third Party.

Customers that are not in scope will not be able to appeal to the Independent Third Party.

N) Can I speak to the Independent Third Party directly?

No, that is not thought to be necessary. The Independent Third Party's role is to provide assurance and oversight of the complaints process and operate the Independent Third Party appeals process.

However, in exceptional cases where the Independent Third Party believes it is appropriate to do so, the Independent Third Party will have the option to ask a customer to provide evidence or arguments in person. There will be no obligation on the customer to provide evidence in person and deciding not to do so will not affect the Independent Third Party's duty to deliver a fair outcome for the customer.