Introducing TLT Specialists in SME Disputes

SME Complaints Capability Statement - without crop marks 12/02/2019 14:44:07

Complaints handling policy and procedure

We advise on the legal and technical issues relating to clients' internal complaints handling policies and procedures. We are experts in advising on compliance and alignment with the FCA's DISP rules, but also on how complaints handling approaches can or should be amended as case law, commercial and regulatory factors develop. Given the rapidly evolving landscape around SME disputes, our landmark expertise in this area has proved invaluable to our clients.

Introduction

We provide a tailored and responsive service when dealing with SME complaints, delivering clear solutions based on commercial and legal realities to help clients manage their risk and achieve their aims. We offer a comprehensive suite of services to capture all aspects of SME disputes work, including:

Individual complaints support and strategic advisory

We advise a wide range of clients on individual complaints brought by SMEs and micro­enterprises, often where the complaint is particularly complex or nuanced, or where there is a particular sensitivity or read­across risk involved. We work with clients to investigate a complaint and to prepare final response letters that not only fairly communicate decisions but also take into account our clients' specific objectives. Our team also strategically advises on communications with and referrals to the Financial Ombudsman Service.

Industry consultation support

SME Complaints to financial services firms is a politically charged topic, which brings unique commercial and legal pressures for clients to consider. Given our market­leading expertise and industry contacts in this area, our support is critical to multiple clients, who rely on us in engaging with policy makers, industry bodies, regulators and independent reviewers. All helping shape a future both fair for firms, as well as SMEs, by navigating clients through this rapidly developing landscape.

SME Complaints Capability Statement - without crop marks 12/02/2019 14:44:07

Paul Gair Partner T 0333 006 0092 M 07825 081 375 paul.gair@tltsolicitors.com

Noline Matemera Partner T 0333 006 0734 M 07900 737 812 noline.matemera@tltsolicitors.com

Complaints and remediation projects

We have an enviable track record of supporting major and high profile remediation projects. We operate a variety of support and resourcing models for our clients: from out­sourcing entire projects to co­sourcing and providing highly tailored expert resource to work within client teams and providing project management and legal support capabilities where they most add value. Through our expert industry specialist lawyers and our flexible resourcing capabilities in TLT ReSource, we have the knowhow and network of contacts to deliver experienced complaints handling and remediation resource quickly and flexibly.

Recent highlights

Advising multiple banks and financial services clients on engagement with industry consultations relating to the future landscape for SME complaints; Providing a fully recruited and managed co­sourced "letter writing" and project management function for a high profile complaints project; Managing outsourced remediation review and project functions for two major banking clients; Assessing and recommending consequential loss outcomes on a major IRHP review; Successfully defending a large banking client at trial in a high profile mis­selling claim relating to the sale of a fixed rate loan and whether the bank owed a duty to advise the customer before it entered into the facility; Providing strategic advice to a UK clearing bank on overall strategy for a portfolio handling claims and complaints by SMEs relating to allegations of the mis­selling of a financial product, alongside handling responses on individual cases (including working collaboratively with the other two firms on the client's sub­panel for that project; Advising a UK clearing bank on complaints handling strategy at both final response and FOS stages; Advising the commercial complaints function of a major UK bank on consequential loss claims arising out of fixed rate lending to SMEs and micro­enterprises; Supported a major banking client throughout the FCA review into allegations of interest rate swap product mis­selling; Providing complaints handling training to clients' in­house legal, compliance and remediation teams; Providing tactical advice to a client in response to FCA enquiries following a thematic visit on advice and suitability assessment.

Key contacts

Peter Richards­Gaskin Partner T 0333 006 0310 M 07917 677 406 peter.richards­gaskin@tltsolicitors.com

Deborah Sheldon Partner T 0333 006 0101 M 07917 754 357 deborah.sheldon@tltsolicitors.com

SME Complaints Capability Statement - without crop marks 12/02/2019 14:44:07

SME Complaints Capability Statement - without crop marks 12/02/2019 14:44:07