Which complaint deadline applies? Six questions for an adviser or mortgage broker

A client has complained and the firm wants to know which deadline it is working to and which letter goes next. The FCA's complaint rules, DISP, set four clocks: three business days for a quick resolution, eight weeks for a final response, then six months for the client to go to the Financial Ombudsman Service, inside an outer limit of six years from the event or three years from when the client knew. This questionnaire asks up to six questions and gives one of eight outcomes, each with the rule behind it. It follows the FCA Handbook and the ombudsman's own pages as read on 2 October 2026. Nothing you choose leaves the page.

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Complaint received: which deadline and which letter

Answer each question. Some questions appear only when an earlier answer makes them relevant. Nothing you choose leaves this page.

1. Who is making the complaint?ChooseAn individual clientA micro-enterprise, small business, small charity or small trustA larger business, charity or trust
2. Did the complaint reach the firm within six years of the event, or within three years of the client learning of it?ChooseYes, inside one or both of those periodsNo, after both had run out
3. Where has the complaint got to since the firm received it?ChooseClient accepted our answer by the third business day after receiptNot resolved, under eight weeks old, no final response yetEight weeks have passed and no final response has goneThe final response has been sent
4. Has the firm sent the client a summary resolution communication?ChooseYes, it has goneNo, not yet
5. Did the final response carry the DISP 1 Annex 3R wording on the six-month limit?ChooseYes, the Annex 3R wording was in itNo, or we cannot find it
6. Is the final response more than six months old today?ChooseNo, six months old or lessYes, more than six months old

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The outcome is the rule as our guides and the sources named set it out, applied to the answers you gave. It is not advice on your own case. Regulated work: the adviser, and the compliance function where the firm's procedures require it, reviews and signs every client-facing document and every suitability decision; the AI assistant prepares, checks and chases, it never advises.

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The questions, and why each is asked

1. Who is making the complaint? DISP 2.7.3R lets the ombudsman hear consumers, micro-enterprises, small businesses, charities with annual income under £6.5 million and trustees of trusts with net assets under £5 million, each measured when the complaint reaches the firm.

2. Did the complaint reach the firm within six years of the event, or within three years of the client learning of it? DISP 2.8.2R(2) bars the ombudsman from a complaint brought more than six years after the event or, if later, three years after the client knew or should have known of cause to complain. This question appears only when an earlier answer makes it relevant.

3. Where has the complaint got to since the firm received it? DISP 1.5.1R lifts the eight-week rules from a complaint resolved by close of business on the third business day after receipt. Otherwise DISP 1.6.2R requires a final response by the end of eight weeks. This question appears only when an earlier answer makes it relevant.

4. Has the firm sent the client a summary resolution communication? DISP 1.5.4R requires a firm that treats a complaint as resolved to send promptly a written summary resolution communication, with the ombudsman's website and the DISP 1 Annex 3R time-limit wording. This question appears only when an earlier answer makes it relevant.

5. Did the final response carry the DISP 1 Annex 3R wording on the six-month limit? DISP 2.8.3G says the six-month limit is triggered only by a response that tells the client about it. DISP 1.6.2R(1)(f) requires the Annex 3R wording in every final response. This question appears only when an earlier answer makes it relevant.

6. Is the final response more than six months old today? DISP 2.8.2R(1) bars the ombudsman from a complaint referred more than six months after the date the firm sent its final response, unless exceptional circumstances apply or the firm consents. This question appears only when an earlier answer makes it relevant.

Every outcome, and the rule behind it

The ombudsman cannot hear this complainant; check its size first

Reached when: "Who is making the complaint?" answered "A larger business, charity or trust".

DISP 2.7.3R limits the Financial Ombudsman Service to eligible complainants: consumers, micro-enterprises, small businesses, charities with annual income under £6.5 million, trustees of trusts with net assets under £5 million, guarantors and consumer buy-to-let borrowers, each tested when the complaint reaches the firm. A larger business, charity or trust has no route to the ombudsman. DISP 2.7.5G says a firm in doubt about a business, charity or trust should treat it as eligible, and the ombudsman decides on evidence such as audited accounts or VAT returns.

• Record the complainant's turnover, income or net assets at the date it complained, and where the figure came from.
• If the size is in doubt, handle it as an eligible complaint, with the eight weeks and the ombudsman wording.
• Ask compliance which of the firm's procedures applies to a complainant the ombudsman cannot hear.

Source: FCA Handbook DISP 2.7.3R and 2.7.5G, read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

Outside the six-year and three-year limits unless the firm consents

Reached when: "Did the complaint reach the firm within six years of the event, or within three years of the client learning of it?" answered "No, after both had run out".

DISP 2.8.2R(2) says the ombudsman cannot consider a complaint referred more than six years after the event or, if later, more than three years after the client knew or ought reasonably to have known of cause to complain, unless the firm received it within that period. Advice given on 10 June 2019 passed six years on 10 June 2025. The ombudsman can still take it if exceptional circumstances caused the delay, or if the firm consents under DISP 2.8.2R(5). The eight weeks in DISP 1.6.2R still apply to the firm.

• Record the date of the event and the date the client could first have known of cause to complain.
• Send the final response within eight weeks, with the Annex 3R wording that says whether the firm consents to waive the limit.
• Decide on consent with compliance first: under DISP 2.8.2AR consent once given cannot be withdrawn.

Source: FCA Handbook DISP 2.8.2R, 2.8.2AR and 1.6.2R(1)(f), read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

Resolved within three business days: send the summary letter now

Reached when: "Has the firm sent the client a summary resolution communication?" answered "No, not yet".

Under DISP 1.5.1R a complaint resolved by close of business on the third business day after the day of receipt is outside the eight-week rules; for a complaint received on Monday 5 October 2026 that is Thursday 8 October. DISP 1.5.2AR counts it resolved once the client has accepted a response, spoken or written. DISP 1.5.4R then requires the firm to send a summary resolution communication promptly, with the ombudsman's website and the DISP 1 Annex 3R wording on the time limits.

• Send the summary resolution communication today, saying the firm now considers the complaint resolved.
• Include the line that the client may be able to refer it to the ombudsman, its website and the Annex 3R wording.
• Log the complaint as closed within three business days, for the FCA complaints return.

Source: FCA Handbook DISP 1.5.1R, 1.5.2AR and 1.5.4R, read in a browser on 2 October 2026. The working is in FCA complaints return.

The eight weeks are running: final response by the end of week eight

Reached when: "Where has the complaint got to since the firm received it?" answered "Not resolved, under eight weeks old, no final response yet".

DISP 1.6.2R requires a final response by the end of eight weeks after the firm receives the complaint: for a complaint received on Monday 5 October 2026, by Monday 30 November 2026. Since 1 June 2026 DISP 1.6.1R also requires a prompt written acknowledgement that reassures the client and says a written response will follow within 8 weeks. The final response accepts the complaint, offers redress, or rejects it with reasons, and encloses the ombudsman's leaflet, its website and the Annex 3R wording.

• Send the acknowledgement now if it has not gone, with the eight-week statement and the date it falls.
• Put the eight-week date in two diaries and decide on the complaint and any redress well before it.
• Draft the final response with the leaflet, the ombudsman's website, the right to refer and the Annex 3R wording.

Source: FCA Handbook DISP 1.6.1R (version in force from 1 June 2026) and 1.6.2R, read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

Eight weeks have passed: the client can go to the ombudsman now

Reached when: "Where has the complaint got to since the firm received it?" answered "Eight weeks have passed and no final response has gone".

DISP 2.8.1R lets the Financial Ombudsman Service consider a complaint once eight weeks have passed since the firm received it, final response or not. By the end of those eight weeks DISP 1.6.2R(2) required the firm at least to write explaining why it could not yet respond, when it expects to, and that the client may now refer the complaint. For referrals from 1 April 2026 about events from 1 April 2019 the award limit is £455,000; the maximum case fee is £680 after a £2,000 yearly allowance.

• Write today with the reason for the delay, the expected date, the right to refer, the leaflet and the website.
• Send the final response as soon as it is ready, with the Annex 3R wording.
• Record why the eight weeks were missed and who now holds the complaint.

Source: FCA Handbook DISP 2.8.1R and 1.6.2R(2), read in a browser on 2 October 2026; Financial Ombudsman Service, compensation limits and case fees pages, read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

The six-month limit has not started: the wording was left out

Reached when: "Did the final response carry the DISP 1 Annex 3R wording on the six-month limit?" answered "No, or we cannot find it".

DISP 2.8.3G says the six-month limit is triggered only by a final response that tells the client about it, and DISP 1.6.2R(1)(f) requires the DISP 1 Annex 3R wording in every final response. Without it, the client is not held to six months, though the six-year and three-year limits in DISP 2.8.2R(2) still apply. The usual repair is a fresh dated final response that carries the wording; the six months then run from the date it is sent.

• Send a dated final response with the Annex 3R wording, the ombudsman's leaflet and its website.
• Check the firm's final response template against DISP 1.6.2R(1)(d) to (f).
• Record the new letter's date in the complaints log: the six months run only from that one.

Source: FCA Handbook DISP 2.8.2R, 2.8.3G and 1.6.2R(1), read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

More than six months since the final response: outside the limit

Reached when: "Is the final response more than six months old today?" answered "Yes, more than six months old".

The final response carried the DISP 1 Annex 3R wording, so DISP 2.8.2R(1) gave the client six months from the date it was sent to refer the complaint to the Financial Ombudsman Service, and that time has gone: a response sent on 30 November 2026 ran to 30 May 2027. The ombudsman can still take the complaint if exceptional circumstances caused the delay, such as incapacity (DISP 2.8.4G), or if the firm consents. The ombudsman decides that, not the firm.

• Keep the dated final response and proof of when and how it was sent.
• If the ombudsman makes contact, say the firm considers it out of time and send the dates.
• Decide with compliance whether to consent: DISP 2.8.2AR says consent cannot be withdrawn.

Source: FCA Handbook DISP 2.8.2R, 2.8.2AR and 2.8.4G, read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

Inside the limit: the client has six months from the firm's letter

Reached when: any other set of answers.

The firm has sent a final response or summary resolution communication and it is under six months old. DISP 2.8.2R(1) gives the client six months from the date it was sent to refer the complaint to the Financial Ombudsman Service, provided the letter told them about the six months (DISP 2.8.3G): a final response sent on Monday 30 November 2026 gives until 30 May 2027. For referrals from 1 April 2026 about events from 1 April 2019 the award limit is £455,000.

• Diary the date six months after the letter was sent and keep the file ready until then.
• Check the letter carried the Annex 3R wording; if it did not, send a fresh one.
• If the ombudsman asks for the file, send it promptly: the maximum case fee is £680 after a £2,000 yearly allowance.

Source: FCA Handbook DISP 2.8.2R and 2.8.3G, read in a browser on 2 October 2026; Financial Ombudsman Service, compensation limits and case fees pages, read in a browser on 2 October 2026. The working is in How long does a financial adviser or mortgage broker have to respond to a complaint? Three business days, eight weeks and six months, with the dates for one complaint and two letters to copy.

How to use the result

Use it when a complaint arrives and again before each letter goes. An outcome that says a limit has passed is the rule as written, not the end of the matter: DISP 2.8.2R lets the ombudsman take a late complaint where exceptional circumstances caused the delay, or where the firm consents. Put each date in the complaints log and in two diaries. A MiFID investment firm handles complaints about its MiFID business under DISP 1.1A, so check with compliance which version applies. Our complaint guide has the acknowledgement and the three-day letter to copy.

The outcome applies the rule to the answers given; it cannot see the facts behind them. Where an answer is a judgement, or the facts are unusual, the outcome may not fit. The adviser, and compliance where the firm's procedures require it, reviews and signs anything a tool drafts, and this page is general information, not regulatory or financial advice.

Overlyft sets up AI assistants for financial advisers and mortgage brokers: they prepare drafts for a person to approve. None of these outcomes depends on them.