Introduction

This policy sets out the key process steps that Bipi Mobility UK Limited (Bipi, we, us, our) must operate in accordance with when handling customer complaints. Our definition of a complaint is derived from the definition included within the Financial Conduct Authority’s ("FCA's") Dispute Resolution: Complaints Sourcebook ("DISP"), which is as follows:

"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 or a redress determination, which:

alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
relates to an activity of Bipi, or of any other party with whom Bipi has some connection in marketing or providing financial services or products, which come under the jurisdiction of the Financial Ombudsman Service ("FOS")."

The FOS is a free-to-use service set up by Parliament in 2001. Its role is to settle complaints between consumers and businesses that provide financial services where the consumer and financial services business are not able to settle complaints between themselves. Our customers are able to refer a complaint they have about us or our service to the FOS if we are not able to resolve them to their satisfaction. See 3 for further details about our complaint handling process.

Bipi is an appointed representative of RCI Financial Services Limited ("MFS") for services provided to customers through the Renault UK website ("MFS services"), and an appointed representative of ITC Compliance Limited ("ITC") for services provided to customers through Bipi's own website ("ITC services") (together, the "Principals").

Application

This policy applies to all employees and third-party service providers (whether employed or engaged by Bipi or a group company of Bipi) when dealing with customers of Bipi.

Complaints handling

Complaints will be handled by the Bipi group After Sales Team, located in Spain, to whom this policy applies. Responsibility for overseeing the complaints handling process is with the After Sales Team Leader.

The complaints handling process is as follows:

Complaints handling process

Receiving a complaint. A Bipi customer (which includes a potential customer) may make a complaint, free of charge, by emailing the Bipi After Sales Team at solutions_uk@bipicar.com, or by calling Bipi's general phoneline on [number] at no extra cost (or by any other reasonable means). A Bipi customer may also make a complaint to either Principal (in which case the Principal may refer the complaint to Bipi, or to the other Principal as appropriate).
Logging a complaint. When a complaint is received it will be logged on Bipi's database which is kept for the purpose by the After Sales individual receiving it, in the following format:
1. date and time of receipt;
2. the complainant's name;
3. the complainant's contact details (noting any contact preferences the customer has);
4. the complaint category or type;
5. details of the complaint;
6. the complaint status (i.e. open or closed);
7. details of actions taken in response to the complaint for audit trail purposes; and
8. details of any actions planned / scheduled in relation to the complaint (including due dates).

ITC complaints must also be logged on the ITC system within 24 hours of its receipt. The ITC system must be kept up to date as the complaint progresses.

Acknowledging a complaint. Upon receipt of a complaint, and by the end of the third business day post-receipt, we will notify the complainant via email (using Bipi's template) that the complaint has been received, and confirm that Bipi is investigating the complaint, providing a link to Bipi's customer-facing complaints information (see schedule 2). In the case that a complaint can be resolved within the three business day period, an acknowledgement may not be sent and instead the complainant will be provided with a resolution communication (see 3.9 below). If a ITC complaint is not able to be resolved within three business days, ITC must be informed. ITC may provide advice and request further information in respect of such complaints.
Investigating a complaint. Complaints will be allocated to, and investigated by a member of the After Sales Team (the "investigator"). In the case that the complaint relates to a member of the After Sales Team, the complaint will be allocated to another individual for investigation]. The investigator will seek to establish the facts and all relevant information regarding the complaint, and if necessary, will request further information from the complainant without delay. All relevant information received during an investigation will be recorded on the complaints log. The following cues will assist investigators (but does not represent an exhaustive list of questions which may be considered):
1. what date was the complaint received;
2. what is the relevant background to the complaint and relevant time period;
3. what is the chronology of relevant events that has led to the complaint;
4. to what extent does this appear to be an issue that has been caused by Bipi or another party;
5. where the issue has been caused by another party, to what extent is this a matter that should be forwarded to this party to handle (see section 5 below);
6. what impact has the matter that gave rise to the complaint caused to the complainant (e.g. trouble and upset, potential or actual financial loss etc);
7. to what extent has the complainant experienced or is likely to experience financial loss;
8. what is the extent of any actual or potential financial loss alleged; and
9. to what extent is further information required in order to fully investigate the complaint?
Assessment of the complaint. The investigator is responsible for making an assessment of the complaint and proposing a course of action. The investigator will consider previous decisions which are relevant to the complaint (including through examining the complaints log) and make a fair assessment of (a) the subject matter of the complaint, (b) whether the complaint should be upheld, (c) what remedial action and/or redress may be appropriate, and (d) if appropriate, whether Bipi has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint. The assessment will be input into the complaints log. Factors that the investigator should consider are:
1. the evidence available and circumstances of the complaint;
2. similarities with other complaints received by Bipi;
3. guidance published by the FCA, any other relevant regulator, and the FOS; and
4. any decisions by the FOS which concern similar complaints received by Bipi.
Inform the complainant. The investigator will draft a response to the complainant in accordance with Bipi's template response. All responses to complainants will be approved by the After Sales Team Leader prior to being sent to the complainant. Responses to complainants in respect of ITC complaints must be approved by ITC prior to it being sent to the complainant.
If the response is to be sent to the complainant within three business days (starting on the business day following the date on which the complaint is received) then the appropriate communication will be a "summary resolution communication", containing the information set out in schedule 1. In such cases, an acknowledgement is not required.
If the response is to be sent after three business days, then, unless the complainant has indicated in writing that it accepts a response from Bipi, (a) the complainant must be kept updated on a weekly basis as to the progress of the investigation and assessment, and (b) once Bipi is confident that resolution has been reached, the appropriate communication will be a "final response communication", containing the information set out in schedule 1 in line with Bipi's template. In the case that Bipi is not able to make a final response communication within eight weeks of the complaint having been received, a "holding response" should be sent, containing the information set out in schedule 1. Sending a holding response should be a last resort.
Copies of all communications with the complainant must be retained for a period of five years from the date on which the complaint was received, and noted in the complaints log (which must also be kept for the same period).
Closing a complaint. Once the above procedure has been completed, along with any redress or remedial action required, the complaint will be marked as "minded to close" on the complaints log. The After Sales Team Leader will review such cases on a monthly basis, and confirm closure on the log (and the ITC system, as necessary).

Timelines

1. All complaints should be resolved within eight weeks of receipt. However, our aim is to deal with complaints as promptly as possible, whilst allowing for a fair and detailed investigation and assessment.
2. Bipi may reject complaints which are outside of the time limits for referral to the FOS (the later of six years after the event complained of, or three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint). If Bipi does reject a complaint in this way, it must issue a final response communication, containing the information set out in schedule 1, in line with Bipi's template.

Forwarding complaints

1. In some circumstances, a customer may raise a complaint to us that we have reasonable grounds to be satisfied that another party may be solely or jointly responsible for the matter alleged in the complaint by the customer. In these circumstances we are permitted to forward the complaint, or any relevant part of the complaint, in writing to that other party. However, if we decide this to be the most appropriate action, we must:
  1. forward the complaint in writing, or the relevant part of it to the third party promptly (without delay);
  2. inform the customer in a final response communication; and
  3. where we hold joint responsibility for the fault alleged in the complaint, we must operate in accordance with this policy for the part of the complaint we have not forwarded.
2. The After Sales Team Leader must be consulted and provide their approval for a complaint to be forwarded in full or in part, prior to forwarding any complaint in full or in part to another party. The After Sales Team Leader may consult others within Bipi to confirm whether a complaint is suitable to be forwarded.

Financial Ombudsman complaints

1. 1. In some circumstances, a customer may not be satisfied with the decision we have made with respect to their complaint and may decide to refer it to the FOS. Where a complaint has been referred to the FOS, we will appoint the COO to oversee our obligations with respect to the FOS complaint investigation process from start to finish.
  2. The COO will be responsible for:
    1. liaising with relevant members of staff at the FOS with respect to the complaint concerned;
    2. responding to requests for information from the FOS in a full and complete manner and within any deadlines set; and
    3. ensuring the FOS has all relevant information and evidence regarding the complaint and actions we took in response.
  3. Where Bipi is informed that the FOS has made a determination in a complaint arising out of Bipi's business, the COO will:
    1. relay the determination to the After Sales Team, and in particular to the individuals who dealt with the complaint;
    2. analyse patterns in FOS determinations (which shall be the responsibility of the Compliance Officer);
    3. analyse guidance published by the FCA, other regulators and the FOS and communicate to the customer service team responsible for complaints handling (which shall be the responsibility of the Compliance Officer); and
    4. use any determinations made by the FOS in respect of Bipi's services, and patterns in such determinations, for the purposes of training and development of the individuals involved and the customer service team as a whole.
  4. The FOS' contact details are as follows:
    1. website: https://www.financial-ombudsman.org.uk/contact-us;
    2. telephone: 0800 023 4567; and
    3. email: complaint.info@financial-ombudsman.org.uk.

Root cause analysis

1. The Compliance Officer is responsible for identifying and remedying any recurring or systemic problems, by:
  1. recording and analysing the causes of complaints, so as to identify commonalities in root causes;
  2. consider whether such root causes might impact other aspects of Bipi's business or products; and
  3. correcting, where possible to do so, such root causes.
2. If Bipi or its Principals identify recurring or systemic problems in its provision of, or failure to provide, regulated consumer hire services, they will consider whether it ought to act with regard to customers who may have suffered detriment or been disadvantaged by such problems, but have not complained. In such cases, Bipi or its Principals may instigate a proactive redress exercise, if it is proportionate and appropriate to do so.
3. ITC will be informed of any procedural or training changes which impact the ITC services, and where a systemic issue is highlighted in respect of such services, ITC will be informed immediately at which point an action plan will be put in place to ensure any remedial action is undertaken as soon as possible. Where a systemic issue is found, ITC will make the decision as to whether the FCA should be informed and will then take the appropriate action.
4. ITC will also periodically review the complaints process. Any recommended actions to improve the complaints handling process or staff knowledge will be promptly implemented.

Monitoring

1. A programme of complaints monitoring activity has been established to oversee the prompt, fair and appropriate handling of complaints on an ongoing basis. This monitoring activity will take place across the lines of defence within the business and will be supplemented by oversight performed by the Principals. The output of these activities will be reported to our internal governance committees and forums.
2. Where issues/trends are identified which may suggest the policy is not being followed and/or the outcomes for customers are not fair and/or as expected, action will be taken by the Compliance Officer (and the Board, if necessary).

First line monitoring (After Sales Team Leader)

1. The After Sales Team Leader:
  1. will oversee the complaints handling process;
  2. will oversee completion of the complaints log and data input to the ITC system;
  3. will review and approve communications prior to them being sent to complainants;
  4. will review the complaints log on a monthly basis; and
  5. will raise concerns/queries to the Compliance Officer where appropriate to do so.

Second line monitoring (Compliance Officer)

1. The Compliance Officer will:
  1. conduct root cause analysis on complaints and report up to the Board, and down to the After Sales Team Leader to drive improvements;
  2. liaise with the FOS where necessary;
  3. monitor FOS complaints and report decisions to Bipi internal stakeholders;
  4. conduct a detailed review of the complaints log on a quarterly basis, and in particular review a selection of not less than 10% of complaints in detail on a quarterly basis;
  5. review this policy document on an annual basis; and
  6. report to the Board on complaints data on a regular basis, and at least quarterly.

Third line (Board)

1. The Board will receive complaints reporting from the Compliance Officer on a quarterly basis, and will be able to interrogate that reporting and make amendments to policy as necessary.

Third line (Principal)

1. We expect that our Principal will have monitoring procedures as part of its regulatory oversight obligations. Specific monitoring carried out by Principals is set out above.

Training

1. All staff will be required to undertake training on complaints handling, the requirements of this policy and their respective applications to their roles upon joining Bipi.
2. The training will include, but not be limited to, how to identify a complaint, what to do when a complaint is received, who to refer or escalate complaints to when received. More bespoke training will be provided to the After Sales Team in respect of how to handle a complaint on an end-to-end basis.
3. The training will comprise a short testing element in order to assess and help embed knowledge amongst staff.
4. This training will be refreshed at least annually. All staff will be promptly notified of any changes to this policy.

Responsibilities

1. The Compliance Officer is responsible for:
  1. this policy (including updating and submitting revisions to Principal for approval);
  2. the provision of management information to the Board, as set out at 8.6 above;
  3. the training of customer service individuals on complaints handling;
  4. liaising with the FOS regarding FOS complaints, and
  5. liaising with Principal with regard to complaints.
2. The customer service manager is responsible for:
  1. overseeing the complaints handling process including completion of the complaints log and input of data to the ITC system;
  2. reviewing and approving all communications to complainants; and
  3. confirming closure of complaints.

Communications to complainants

Summary resolution communication
1. The written response will set out a summary of the complaint raised by the complainant, and Bipi's view as to whether the complaint has been resolved.
2. The communication will also:
  1. refer to the fact that the complainant has made a complaint and informs the complainant that the respondent now considers the complaint to have been resolved;
  2. tell the complainant that if he subsequently decides that he is dissatisfied with the resolution of the complaint he may be able to refer the complaint to the Financial Ombudsman Service;
  3. include the following wording:

“You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.”
“You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.”

"You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances."

provide the website address of the Financial Ombudsman Service; and
refer to the availability of further information on the website of the Financial Ombudsman Service.

Final response communication
1. The written response will confirm whether Bipi:
  1. accepts the complaint, and (where appropriate) offers redress and/or remedial action;
  2. offers redress and/or remedial action without accepting the complaint; or
  3. rejects the complaint, giving reasons for doing so.
2. The written response will also:
  1. enclose a copy of the FOS' standard explanatory leaflet;
  2. provide the website address of the FOS;
  3. inform the complainant that if he remains dissatisfied with Bipi's response, he may now refer his complaint to the FOS; and
  4. include the following wording (unless the final response communication is being made due to the complaint being out of time, in which case see 4 below):

"You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

Holding response
1. If Bipi is unable to send a final response communication within eight weeks of the complaint having been received, Bipi will send a holding response which sets out:
  1. explains why Bipi is not in a position to make a final response and indicates when Bipi expects to be able to provide one;
  2. informs the complainant that he may now refer the complaint to the FOS;
  3. include the following wording:

"You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter.

encloses a copy of the FOS standard explanatory leaflet; and
provides the website address of the FOS.

If a complaint is received outside of time limits
1. The final response communication will set out that Bipi believes the complaint to be made outside of the time limits, and contain the following wording:

"You have the right to refer your complaint to the Financial Ombudsman Service, free of charge.

The Ombudsman might not be able to consider your complaint if:

• what you’re complaining about happened more than six years ago, and

• you’re complaining more than three years after you realised (or should have realised) that there was a problem.

We think that your complaint was made outside of these time limits but this is a matter for the Ombudsman to decide. If the Ombudsman agrees with us, they will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances (see below).

If you do decide to refer your complaint to the Ombudsman you must do so within six months of the date of this letter.

If you do not refer your complaint to the Ombudsman within six months of the date of this letter, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances.

The very limited circumstances referred to above include, where the Ombudsman believes that the delay was as a result of exceptional circumstances."

Customer facing complaints information

The following will be included on Bipi's website, referred to in Bipi's terms and conditions, and also referred to in Bipi's complaints acknowledgement:

Regulatory status

Bipi Mobility UK Limited ("Bipi") is an appointed representative of [●] which is authorised and regulated by the Financial Conduct Authority.

How a complaint may be made?

1. You may make a complaint free of charge by emailing Bipi at solutions_uk@bipicar.com. You may also make a complaint by calling Bipi's general phoneline on [number] (normal call charges may apply).
2. To help us deal with your complaint, we will need information about the circumstances which surround it. We may therefore need to ask you for further information. Please provide all information as completely as possible, and in a timely manner, as this will help us to deal with your complaint efficiently.
3. If your complaint relates to services which are provided by another service provider, then we may forward your complaint as necessary. If we do so, we will let you know.
4. As we are an appointed representative, you may also make a complaint to [principal] by [contact details for complaints].

What happens when a complaint is made?

1. All complaints which are received by Bipi are (unless forwarded to another service provider) investigated by Bipi in a fair and impartial way. We seek to keep you informed of the progress of a complaint at all times. Once we have resolved your complaint, we will send you a written response setting out our decision and any options you have for further action.
2. If your complaint can be resolved within three business days, you will receive a "summary resolution communication". If your complaint cannot be resolved within this time, we will send you an initial acknowledgement of your complaint which will be followed by a "final response" once we have investigated your complaint. A final response should be provided within eight weeks. If we are unable to provide a final response within this time period we will write to you.
3. If for any reason you are not happy with how we have handled your complaint once you have received our summary resolution communication or final response, or if we are unable to provide a final response within eight weeks, then you may refer your complaint to the Financial Ombudsman Service (FOS) either online (https://financial-ombudsman.org.uk/), or by calling the FOS helpline (0800 023 4567).