What qualifies as a complaint and how to ask the PSR to look into it
If you are part of the payment systems industry and have a complaint about a breach of regulatory directions, rules or competition rules then the PSR may investigate your complaint.
Complaints and investigations
Where we have concerns about behaviour in the industry we may initiate investigations. This can be as a result of a complaint or because we have identified a concern through our own work.
A complaint can be about someone breaching or failing to comply with a legal obligation. For example, a decision we have issued, a regulatory direction we have made or a regulatory requirement we have imposed, or with legislation such as competition rules.
We will use our information and investigative powers to gather evidence. We can request information, ask people to attend interviews, appoint experts to complete reports or investigators. Our Powers and Procedures Guidance provides more information on our information gathering and investigation powers.
Investigations could require significant resources – both of the PSR and the parties involved. This will be taken into account when we make decisions regarding which investigations we open. We expect to issue Notice of Information requests where practical so that the parties involved can manage their resources effectively.
These investigations may result in us taking enforcement action. We might also impose sanctions for non-compliance with existing regulatory requirements where appropriate and proportionate.
We can also issue directions requiring parties to take remedial action. Or we might decide to open a market review if our investigation has shown that there are market-wide issues that need to be looked into. We will handle a complaint in the way we consider is the most appropriate for the issues raised.
How to file a complaint with the PSR
For us to consider whether a case falls within our remit we will need detailed information. Complainants should submit a reasoned case which sets out the facts, why you think a direction, decision or rule is being breached or not complied with, and why you think the PSR should intervene.
Wherever possible provide your complaint and any relevant supporting documents in Word or in a searchable PDF which you can then email to:
Complainants must identify in their complaint and supporting documents any information you consider confidential which if disclosed could significantly harm the legitimate interests of a party (the complainant or someone else).You must also explain why you consider that information is confidential. Blanket claims of confidentiality are not acceptable.
You should also provide a non-confidential version of your complaint and supporting documentation where all confidential information has been removed.
The complaints process
We will acknowledge receipt of a complaint, review it and then assess whether it contains the necessary information, documentation and detail for us to be able to consider the complaint properly. We may need to contact you for further details if this is not the case.
We need to use our resources in the most efficient and effective way to further our statutory objectives, functions and duties, in accordance with section 53(a) of FSBRA. This means that we need to make decisions regarding which investigations we open and continue and how we respond to complaints, subject to any specific legal duties we might have (eg, regarding super-complaints).
We will initially consider the degree to which taking action provides us with an opportunity to advance one or more of our statutory objectives, functions and duties, as we are unlikely to pursue an action which does not clearly do this.
Our Administrative Priority Framework helps us to use our resources in the most efficient and effective way to further our statutory objectives, to discharge our functions and carry out our duties under FSBRA and other legislation we are responsible for.
This needs to be read alongside our Objectives Guidance. The impact and strategic significance of taking action are directly related to the advancement of our statutory objectives, functions and duties.
We will then update you on whether we are going to open an investigation.