A complaint the FCA unfairly issued a late fee to a firm that failed to submit its Gabriel report on time has been rejected by the Complaints Commissioner.
The firm was due to file its Gabriel report on 12 February this year and says it did not do so as it was not reminded.
Information from a third party that needed including within the report had also not been received in time, the firm adds.
The regulator rejected an initial complaint, which commissioner Antony Townsend has agreed with.
Townsend says: “It appears to me that the FCA has operated its processes correctly in this case and is entitled to charge a late return fee. In any event, the FCA is right to say that it is the firm’s responsibility to submit returns on time. This is one of the things which firms sign up to when they are authorised by the FCA.”
The complainant also argues that three reminder emails about the deadline sent from the FCA bounced back.
Townsend says the regulator’s records show the correct email was used however and there was only one recorded event of an email bounce back.
Following this, the FCA mailed a hard copy fee notification to the firm.
Townsend says: “I am afraid that if your firm simply assumed that it did not have to make a return because it had not received any reminders, that was a mistake.”