FOS' plans to charge CMCs – an update (or lack of)

We reported back in February that the Financial Ombudsman Service (FOS) had announced plans to begin charging case management companies (CMCs) a fee for bringing a complaint. The consultation closed in January, and we've been eagerly awaiting the feedback. Following the publication of FOS' 2024/25 Plan and Budget, it seems there may be another opportunity for feedback to be provided.

Background

In its 2024/25 Plan and Budget Consultation Paper FOS confirmed that consideration was being given to charging Professional Representatives and CMCs a fee each time a complaint is made, with various fee options being considered. They note that, over the past two years, 20% of complaints have been brought by a Professional Representative and that such representatives can obtain an economic benefit from bringing a complaint without having to pay a fee.

Update from FOS

Given the consultation closed almost two months ago, we have been awaiting the outcome and details of the feedback collated. However, it seems we may have to wait a little longer. FOS' 2024/25 Plan and Budget confirms at the outset that, whilst views have been collated on charging Professional Representatives and CMCs, a further consultation would be published. The consultation will:

• Outline the feedback received to date; and
• Discuss next steps with regards to the proposals.

The consultation is expected to open in the first quarter of 2024/25 (so before the end of June 2024). At this stage, we anticipate feedback will be sought on the specific ways in which the charge could be made – the initial consultation considered whether charges should be applied, whilst the second consultation will likely be to work out the specifics of how the charges will apply.

We'll continue to monitor these developments and provide a further update when the next consultation opens.