Countdown to Consumer Duty

Often in the first months of a new year, we like to speculate about what the key Compliance themes for the coming year will be. The publication of the FCA’s Further Consultation Paper on Consumer Duty in December means that there’s no need for prognostication right now – we can be sure that the new Consumer Duty approach is going to dominate GRC conversation for the next 12 months.

This paper follows the May 2021 consultation in which they first proposed serious changes affecting all Financial Services firms with “retail clients”. It goes without saying, that includes a very large percentage of all FS businesses, and the package of proposed rules constitutes one of the bigger regulatory shake-ups of recent years.

The overall goal on the FCA’s part? To set a higher expectation for the standard of care that businesses provide to their customers. Businesses have previously needed to work to rules and principles relating to treating customers fairly, but the Consumer Duty changes go beyond that, aiming to eliminate practices that cause harm to consumers, such as presenting information about products in a confusing way which is difficult for the average customer to understand.

Consumer Duty aims to tackle this through three central components. First, the Consumer Principle, representing the FCA’s overall standards of behaviour. In the most recent publication the FCA is considering between two different wordings on this – either “a firm must act in the best interests of retail clients” or “a firm must act to deliver good outcomes for retail clients”.

Second, the “Cross-Cutting Rules”, which require businesses to take all reasonable steps to avoid foreseeable harm to customers, to act in good faith and to take all reasonable steps to enable customers to pursue their financial objectives.

Third, a more detailed set of rules which will establish expectations for an organisation’s conduct in relation to four outcomes: Communications, Products & Services, Customer Service and Price & Value.

At a big picture level, the most significant change here is the move to outcome-based regulation. The FCA will be looking at what a firm is doing and the end result on customers, and businesses will need to prove they’re meeting new requirements at every step of the customer journey, all the way to successful outcomes. The scope and density of the new rule set gives businesses a significant amount of work to do ahead of the April 2023 implementation deadline.

Many businesses are of course already prioritising customers, providing excellent services, products and outcomes, but they will now need to document and evidence this in new ways. The FCA is taking input on the proposals until February 15th and aiming to publish any final revisions to the rules on July 31st. I think we already have a good understanding of what these will look like and are looking forward to further discussions with Financial Services thought leaders in our forthcoming Virtual Roundtable, taking place in March.

If you’re interested in participating please do get in touch today on 01216432100 or selena@kindconsultancy.com.

What happens if complaints timeframes are cut in half?

What are the complaint timeframe rules in Financial Services?

Right now, in late November 2021, if you lodge a complaint with a Financial Services business, they have 8 weeks to resolve it before you are entitled to escalate to the Financial Ombudsman Service. The 8-week time frame dates back to the creation of ombudsman services in the UK, and it was originally intended to allow for correspondence and evidence to be sent by post. But even in modern times, the timeframe has, for some businesses, proved difficult to stick to during the increase in complaints activity we’ve seen across the industry over recent years, and it is a key factor in the looming threat of a post-pandemic surge. Recent years have seen complaints functions at organisations of all sizes challenged, and they’ve had to solve new problems in new ways, always with the 8-week clock ticking.

How are complaint timeframes changing?

So it’s understandable that there is a lot of concern about government proposals to cut the limit by half, to just 4 weeks. Put forward under a consultation on “’Reforming Competition and Consumer Policy’” which opened in July and closed in October, this would arguably be the single biggest shake-up to complaints rules in decades. What should firms do? How do you prepare and adapt for such a harsh constriction in time frames, especially if your complaints staff are already pushed to their limits just keeping on top of the number of complaints? Could news that financial services complaints have to now be solved in one month actually see a further increase in consumers complaining?

How should businesses meet the reduced complaints timeframe?

The most straightforward response would seem to be scaling up complaints teams, and for many businesses, I think that will be necessary. But doubling your complaints headcount to try to half response time presents many challenges. For smaller organisations, they may struggle to physically fit more staff in their offices. Businesses that have already adapted to remote working may be ready for that particular challenge, but I know complaints is one of the functions that we’ve seen face more hurdles than most when it comes to a smooth, efficient remote work approach.

And where will everyone find the staff for a potential 100% increase in headcount? With many permanent workers not moving during these times, highly skilled and experienced complaints professionals are already in high demand. If every single financial services business and banks of all sizes are seeking new complaints staff at once, the pool of available quality contract talent is going to very quickly be eaten into.

That question of skills and experience is going to be a key one – the type of work complaint handlers do has changed so much over the last ten years, and any business thinking about moving across staff from other departments or taking on people with no experience and training them up will need to carefully consider if they’re creating the kind of empathic, vulnerability-smart complaints teams who won’t generate any further complaints themselves.

If the 4-week reduction happens, it will undeniably be a huge challenge to adapt to, unlike anything the complaints sphere has faced before, but I think it’s one smart organisations will rise to. There’s an opportunity here to make customers feel valued and to rapidly tackle problems that in the past could have slowly soured a consumer’s feelings about a brand permanently. And Kind Consultancy can help. We have experience of installing full complaints teams, both temporarily and permanently, into organisations of differing sizes across Financial Services. We work with transformation experts who can oversee any necessary changes to policy and procedure, vulnerability champions who can ensure your staff are delivering on your duty of consumer care and highly experienced complaint handlers themselves, people who are already adept at satisfactorily closing complex complaints as quickly and efficiently as possible.

For a confidential conversation about how Kind can help your business, contact selena@kindconsultancy.con or call 01226432100.

Vulnerable Customers: Post-Pandemic Pressure

At the end of June 2021, national debt in the UK reached £2.2 trillion – the highest debt-to-GDP ratio (102.5%) that the country has seen since 1961. Amongst individual consumers, FCA statistics suggest that roughly 20 million people have seen their financial situation worsen across that same time period, with 9.9 million seeing an increase in unsecured debt.

Debt levels have rapidly accelerated over the last 16 months because of the global Covid-19 Coronavirus pandemic, its knock-on effects on the economy and individual’s finances and the government’s expensive support measures created to help both businesses and households to survive the crisis.

The new FCA Business Plan identifies 14.2 million adults in the UK who have “low financial resilience” – an increase of 27% between March and October 2020. Vulnerable customers have been a key focus area for the FCA already this year, and the new business plan makes it clear this will continue to be hugely important. FCA plans include a commitment to launch a 5-year campaign informing and educating customers about high-risk investments, hoping to increase consumer understanding about what is and is not protected by the regulator. Plans also include a consultation on changes that look to strengthen the rules around financial promotions and the upcoming publication of the FCA report on Consumer Investments Strategy.

The Business Plan states that the FCA will be “monitoring how firms support customers in financial difficulty and take action where needed” and that they “will also carry out an in-depth assessment of whether consumers are getting fair and appropriate outcomes and use these findings to shape [the FCA’s] next steps”.

What does this mean for Financial Services businesses? There’s been an industry-wide increase in awareness around vulnerable customers over the last year and it will continue to be crucial for every organisation to have a thoroughly considered vulnerable customer strategy. But it’s not enough to simply write up a set of policies that sound good – organisations are going to need to make sure they’re continually measuring how and how effectively they’re serving their vulnerable customers. Staff on the front line of customer contact will need to be trained, knowledgeable and sensitive to ensure the business is putting vulnerable customer awareness into practice every day, at every stage of the customer journey.

For businesses that have previously not had many vulnerable customers, the huge increase in the number of vulnerable consumers can be daunting. Kind Consultancy can help. We work with a number of specialist vulnerability practitioners who can join your business on a contract basis, helping to design and embed frameworks, delivering game-changing training to staff and taking a hands-on approach to complex cases. We’ve seen an unprecedented rise in demand for vulnerability expertise over the last 12 months and a recognition that this could be the next crucial area for avoiding regulatory investigations and fines.

We work with vulnerability experts who understand the multi-level approach needed to make a firm compliant with FCA requirements, and to go beyond that, helping businesses to become exemplary in their treatment of vulnerable customers. Ensuring individual staff who are interacting with customers have a good understanding of how to handle vulnerable customers is an end product that needs to begin with creating a company-wide culture of respect and understanding for vulnerable customers and their needs. We have access to specialists at every level, including senior vulnerability consultants who can help with these big-picture ground-up rethinks of how a business approaches vulnerability. From there they can lead or assist in designing and embedding new policies and procedures, ensuring compliance and understanding at every level of the business. They can also play a key role in measuring the effectiveness of your vulnerability policies, new or pre-existing, and ensure that the structures and plans put in place are actually delivering positive benefits to your vulnerable customers consistently. As with all of Kind Consultancy’s interim and contract work, we will always tailor our approach to the specific needs of your business, taking into account the size, the type of products, the relevant regulations, the location, long term business plans and so much more.

Contact us today on selena@kindconsultancy.com or 01216432100 for a confidential discussion of how Kind can provide you with vulnerability talent, and how investing in vulnerability awareness today can save your organisation tomorrow.

Selena Tye

Complaints & Collections: The Outsourced Solution

The Rising Tide

Recent news reports have confirmed that a trend I have seen in the businesses that I am in discussions with, is being replicated across the wider Financial Services and Banking industry; in that, there is currently a huge drive to invest in collections and complaints resources.

Why now? It is all to do with the economic knock-on effects of Covid-19. The payment holiday options that have been offered in the wake of the pandemic have been a vital lifeline for many people, but we are also starting to see some issues that they can lead to. For example, there are situations where customers have taken a payment holiday at a time when they were furloughed and believed they would be returning to work, only to instead be made redundant just as their payment holiday period expires. Another example is where freelancers within industries, that have remained shut down since March last year, such as those who work in entertainment and events, who have exercised their payment holiday options as soon as they could, confident that they would be back up and running by now, only to face a potential second year of being unable to work.

Recent research by the complaint’s website Resolver suggested that as many as 4 in 10 people who had taken payment holidays, felt that they had not had all of their options properly explained to them, with over a third saying that they had not realised the lender would still charge interest on the outstanding balance and that that they did not know when that interest would be payable. A similar number said they were now concerned about their ability to pay back what they owe.

The impact of this on Financial Services means lenders are having to rapidly scale up their collections and complaints functions. They need staff who can sensitively put appropriate plans in place to recover the money owed to them and where the customer is unhappy with the service they have received, they need to make sure those complaints are properly addressed – to prevent any further scrutiny from the regulator and/or increase of Financial Ombudsman fees.

How Can Small Businesses Keep Up?

So, large organisations are currently engaging in a major recruitment drive for staff with these specific skill sets. But smaller businesses preparing for the coming spike in complaints and collections needs, are facing some hurdles. What can you do if you have a small team that is used to handling a much lower number of complaints and collections activity, but do not have the capacity to add more?

There is the physical space needed for extra staff, and some highly successful Financial Services businesses with sizable customer bases are surprisingly small operations that simply do not have the spare offices and desks to fill with the number of people needed to tackle this challenge. Even if they are working remotely, albeit, for the short term, the cost of supplying the necessary secure, and compliant phone and computer systems is just not economical for many.

There are other less immediately visible issues too, smaller businesses are less likely to have the time to spare and resources needed to train their staff on crucial issues like handling vulnerable customers, asking unprepared, reallocated employees to respond to complex payment holiday complaints could generate a significant number of complaints, causing unnecessary harm to the business.

The Outsourced Option and Agile Solutions

That is where Kind Consultancy can help. We are now able to offer tailored outsourced solutions. Alongside our partners, we can quickly create a virtual contact centre for your business, giving you the customer contact capacity that you need to handle the ongoing rise in inquiries. As a dedicated outsourcing provider focussed on Financial Services, they understand the importance of carefully controlled customer contact within a highly regulated industry and they work to provide tailored solutions to seamlessly integrate customer contact, complaints, collections, and quality assurance teams into client’s businesses. The outsourced team becomes a seamless extension of your business, integrating with your strategies and policies and always staffed only by highly qualified professionals who have the knowledge and training that are so vital in the current landscape.

Together, we can help keep you ahead of the growing demand you are facing from customers, all done entirely remotely and at a fraction of the cost of installing a permanent team of new staff in your office.

Alongside that outsourcing expertise, we draw on our own network of these top-tier, qualified and talented individuals whom we know have a track record of delivering high-quality work. If you are not looking to outsource but do need interim support during the increasingly busy period ahead, Kind Agile Solutions allows us to deploy pre-screened experts to join our client’s in much shorter timeframes than through traditional methods. We only add the best of the best contractors we meet to the KAS bench, so we are confident that an Agile Solutions team will have the experience necessary to tackle the specific problems faced by your business.

For a confidential discussion about how Kind Consultancy can help your organisation, contact selena@kindconsultancy.com or call 01216432100.

KYC – Mortgages : Case Study

In our Case Study series, we walk you through a recent project Kind Consultancy has worked on to give you an overview of just some of the tailored methods we have employed to make sure we deliver exactly what our clients’ need. This week, we take a look at a Mortgage client who had a need for KYC talent.

The Client

Kind Consultancy recently worked with a large national mortgage network who were in urgent need of KYC resource  – due to the stamp duty freeze, they saw a huge increase in the number of mortgage applications they were receiving. With their regular headcount at capacity and concerns about opportunistic fraudulent applications, they reached out to Kind Consultancy.

The Approach

We quickly identified a team of our Kind Agile Solutions contractors who we knew had the KYC expertise and specialist mortgage knowledge needed to make a difference for the client. With their regularly updated screening information and qualifications already on file, we were able to have them at work for the client in a matter of days from receiving the initial request.

The Result

Our team of Kind Agile Solutions contractors helped to perform quality assurance on the fraud checks that the client’s front line staff were carrying out on mortgage applications, thoroughly analysing and assessing any applications that had been flagged as potentially fraudulent and enabling the client to confidently make good decisions. The contract team has now been extended and is at the time of writing still helping to handle the ongoing spike in mortgage application and minimising the risk to the client of fraud and money laundering.

[Read the full series of Kind Consultancy Case Studies to learn about the different ways we help our clients achieve success]

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Bounce Back Loans: The First Big Fraud Story of 2021

At the start of a new year, there are always articles and columns about the coming twelve months in Governance, Risk and Compliance, mixing educated guesses about the future with analysis of emerging issues. We never really know what a new year will bring, but one big talking point in fraud this year has made itself clear in the first week of 2021.

The British Business Bank is concerned that “thousands” of companies “wrongly claimed emergency Covid loans”. Reports emerged last week that PwC have been hired to analyse transactions including the £43.5 billion in loans that have been claimed under the Bounce Back Loan Scheme. In November the bank disclosed that they had already detected over £1 billion in fraudulent requests – and while that money has been dispensed by banks, it will fall to taxpayers to reimburse them in cases where borrowers fail to pay back the money.

The Bounce Back Loan Scheme made loans of up to £50,000 available to small businesses, and over 1.43 million companies have made use of them. The multiple recent national lockdowns have seen the deadline for applying for the loans extended through to 31st of March this year, and businesses who had previously borrowed less than the maximum amount have the option of “topping up” their pre-existing loan. All of which means that the issue of those using the scheme fraudulently will extend well into 2021 and it could be some time before all of the money is accounted for.

I think that’s going to be a key theme across many different aspects of Financial Services and Banking this year – issues that we may initially have thought would be contained to the first half of 2020 are going to extend well into this year as the pandemic continues and the economic after-effects of the virus and the lockdowns continue to be felt. There is hope on the horizon as mass vaccination gets underway, but the impact on our sector may not have the quick, clear ending some had hoped for.

Operational Resilience 2021

Last week, I hosted Virtual Roundtable discussing Operational Resilience, where we discussed what are the big issues in the Operational Resilience landscape right now and how are people across the Financial Services industry facing them?

Unavoidably, many of the biggest Operational Resilience issues that the sector is currently facing stem from the Covid-19 pandemic. When the first national lockdown came into force organisations of all sizes had to rapidly adapt as staff moved quickly to remote working, this naturally led to huge challenges on Business Continuity. Whilst some firms have stayed out of the office as much as possible since March, others have been using a hybrid approach, but it is fair to say that everyone has had to make at least some changes to how they work.

Some of the challenges faced by our roundtable contributors included situations where high speed broadband or a reliable wi-fi signal were available for some members of teams but not others. For businesses that didn’t already have laptops available for everyone, there were issues with the differences in people’s home operating systems. Where there was newly deployed video conferencing software, there were teething problems, such as server strain from the huge volume of meetings being held. These problems were tackled pragmatically– some companies distributed broadband dongles, others set up remote access systems to that staff could virtually use their office machines from home.

As organisations have begun to move from seeing remote working as a short-term measure to being part of the normal ‘business as usual’, concerns arising from the new home working set up are more complex. Many at the table had questions around security and conduct. For example: How can you be sure staff aren’t intentionally or accidentally sharing sensitive customer information? Many in the industry are thinking around conduct and culture. Positive culture can be being continually re-enforced through human interaction in our places of business. How can businesses recreate that with its remote workers?

It’s easy for us to now look at these shifts, primarily in terms of changes to systems and technological approaches, but we must also remember that these are changes happening to staff and how they work. A workforce that is functioning efficiently is a crucial part of operational resilience, and for every person that is happy to be working from home, there are others who found it more difficult. A number of firms at the event shared that they had staff asking to be back in the office as soon as possible in contrast to others who had found their teams adapted so well to working from home that they were looking at making it a permanent part of how they work going forward.

Similarly, there was agreement in discussions that it’s very important to make sure that any changes to its operation that could affect the customer, need to be looked at. Are customers happy with the new ways of working? Where some are, some are comfortable with it being only as a temporary measure. We concurred that companies need to make sure that they take the time to stop and assess the integrity of their new ways of operating from end to end, looking at any possible new risks, which could impact on their customer loyalty.

There were concerns that the focus on Covid-19 and how well companies had handled the last 12 months were now preventing other priorities and potential Operational Resilience issues being addressed, especially those relating to Brexit. It was shared that some Compliance and Audit staff have had to convince senior management to consider different potential issues, because there’s a feeling that their response to the pandemic proved they were on top of Operational Resilience issues. With many of the effects of Brexit not yet clear, a lot of our contributors wanted the time and space to plan for the possible disruptions but have, so far, had more of a “firefighting” approach, tackling new effects of Covid-19 as they’ve popped up.

What cannot be ignored, is the regulator. There is a very strong awareness across the Financial Services Industry of the regulatory focus on vulnerable customers, and this was another key area for many of our contributors. There are interlinked issues of how customers are being treated, how that treatment is being assessed and measured, and how the big picture of the businesses processes and procedures relate to these. We discussed how the amount of publicity, vulnerability is getting creates its own challenges, with customers declaring themselves vulnerable when they may not be and customers who do not think of themselves as being vulnerable and objecting to being labelled as such. Some companies have faced a slight scramble to keep up, as many customers who have previously never faced any financial hardship have since had their circumstances completely reshaped by the pandemic.

If you would like to know more on how Kind Consultancy and support your Operational Resilience programmes, please get in touch on selena@kindconsultancy.com or 01216432100.

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