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Credit Services Association

2 Esh Plaza

Sir Bobby Robson Way

Great Park

Newcastle Upon Tyne

NE13 9BA

Additional Sections

Complaints Procedure

Useful Links

Making a complaint

We work hard to ensure our Members act within the rules set by the industry regulators.

Please click on the following link and read our Code of Practice. If you think a Member has broken the rules of this Code you can make a complaint by downloading our Complaints Form.

Before making a complaint we would encourage you to carry out the following activities:

 

  • Go to the Members Directory and check whether the company you wish to complain about is a Member of the CSA. If you are still unsure, feel free to contact us. If the company is a Member of the CSA then we are able to help you with your complaint.
  • On first instance, we recommend you contact the Member company to discuss any issues you have and enquire about their complaints process. If you are still dissatisfied with the outcome then you can review our Complaints Procedure.
  • If you believe that the Member has acted in breach of our Code of Practice and the complaint meets the necessary criteria, please complete, sign and return the Complaint Form to our registered address.

CSA Complaints Procedure

 How we deal with your complaint.

All complaints must be submitted in writing, with a signed complaint form. We require the form to be signed so that we, and our Member, have the requisite authorisation to share information.

The following is the sequence of events after the CSA receive a complaint form;

  • CSA receive a signed complaint form
  • CSA register the complaint and send a copy to the relevant Member company
  • The Member is given four weeks to respond directly to the complainant
  • CSA get a copy of the response from the Member company
  • CSA considers both positions and determines whether the Code of Practice has been breached
  • Appropriate action is taken (if required) to remedy the situation
  • If further information is required the CSA contact the relevant party (the complainant or the Member company).
  • After a full review, the CSA provides a formal response to the complainant

 

If you remain unhappy with the outcome of the complaint, you may have justification to escalate the matter to our our head of compliance, Claire Aynsley, claire.aynsley@csa-uk.com.

 

Please note: The CSA can only intervene when;

  • a Member company is in breach of the Code.
  • the company is a Member of the CSA (we cannot act when the complaint is about the client of a Member company, a bank or building society for example).
  • the information supplied by a Member company appears from the facts to be incorrect.

Methods of Contact

 

Address

Credit Services Association

Complaints Department

2 Esh Plaza

Sir Bobby Robson Way

Newcastle-upon-Tyne

NE13 9BA

 

Why the CSA need a signed copy of your complaint

 

Top

21-03-2017

Responsible thinking

Fiona Macaskill is Head of Learning and Development at the Credit Services Association.

 

 

 

It is now exactly a year since the Financial Conduct Authority (FCA) formally implemented the Senior Managers and Certification Regime (SMCR) into the banking world as a complete overhaul of the previous Approved Persons Regime (APER) to increase individual accountability. 

While the full impact of the change has yet to be fully assessed, there is little doubt that it is transforming the way that those working in the banking sector understand their personal and corporate responsibilities, and similarly transforming the role of HR in supporting conduct and compliance strategy. It is already said to be empowering individuals to challenge the status quo, and discuss issues that might have previously remained untouched. 

We also know that the same regime will shortly be introduced into the consumer credit arena, including those of us working in the debt collection industry. We were pleased to be invited along to a pre-consultation meeting with the FCA SMCR team last year at which we helped them scope the appropriate application of the regime to the credit industry, so as to ensure proportionality. What we don’t know, as yet, is precisely how that regime will apply, since the promised consultation is not due to be published until the second quarter of 2017. We can, however, draw certain conclusions from what has happened thus far. 

SMCR took more than four years of planning and preparation before finally going ‘live’ in the banking and insurance industries on March 7 2016. It seeks to boost personal accountability, putting the onus on individuals to demonstrate that they are taking ‘reasonable steps’ to do the right thing. 

In many ways, it simply refines and formalises existing regulatory expectations on accountability and governance. What is interesting to note, however, is that the statutory duty of responsibility is leading many senior managers to re-assess the appropriateness of the scope of their responsibilities. There is a great deal of difference, it appears, from what senior managers have previously thought (or declared) fell within their remit to what they actually want to take responsibility for when it comes to liability! 

A particular example of this is to avoid the instinct among the banks to make the matter a wholly legal or compliance issue. Of course it is very important to use appropriate legal words to define responsibility, but equally important, and the job of colleagues in HR and OD, is to consider the spirit of SMCR and ensure what the FCA intends is fully reflected in how policy is put into practice.  SMCR is not just about the letter of the law, but rather adopting the regime within ‘business as usual’ and considering how it impacts their day-to-day working environment and the impact on culture. 

Accountability is, of course, important, and while you can delegate tasks, you cannot delegate responsibility. Within your business, you need to be clear on who is responsible for what, and how colleagues are expected to work together to discharge their responsibilities. More junior staff may have delegated responsibilities. That means providing them with the necessary learning and development support, perhaps by taking advantage of the new Apprenticeship Levy or other similar training investment. 

Mapping responsibilities is clearly a good way forward, but it needs a real conversation with the HR team to understand how responsibilities are properly articulated within an employee’s contract and terms and conditions. All of this has to be achieved without undermining the confidence of your teams, and maintaining morale. The conduct rules have some very obvious hard measures and application but there is also a moral imperative to ensure your company lives through the values that it promotes, and ensuring those values are properly embedded. 

The assignment of responsibilities is only one part of the job. It is also imperative that key decisions are made at the right level, and that if an issue arises, the appropriate steps are taken to mitigate or remedy the issue and prevent a potential crisis. Demonstrating you have taken ‘reasonable steps’, as outlined at the beginning, is proving a particular challenge. Individuals are having to show how they arrived at a decision, when and where it was discussed, and the rationale for the decision that was finally taken. That is likely to impact our industry too. 

SMCR is unlikely to be welcomed with open arms by an industry that has had to acclimatise to a new regulator and carry the additional cost of compliance. What is certain, however, is that debt collection agencies will need to have a strategy for adapting to and adopting the new SMCR, and the obligations that it brings, and the CSA will be working hard to support its members as we transition to a brave new world. 

Although we are not yet in a position to provide guidance for our members the CSA is studying best practice guidance currently available for the Banking sector. We are identifying learning which can be shared for the credit and collections industry and are planning a series of webinars starting in May 2017 for members which focus on the practicalities firms can implement which will help them to prepare. For more information on this, please contact info@csa-uk.com