APPLICATION TO REQUEST THAT REQUIREMENTS ARE IMPOSED ON FIRM

The following firms [list the BP and its FSMA-authorised affiliates that are to benefit from these
requirements] hereby apply, pursuant to Part 4A of the Financial Services and Markets Act 2000,
for the requirements set out in the schedule below.

SCHEDULE

General

1.
This schedule sets out the terms of the requirements to be imposed on [firm, BP, Affiliate],
to take immediate effect.

[Name of BP] (FRN [BP reference number])
[Name of affiliate(s) (FRN affiliate(s) reference number))

Requirements included in the Firm's permission at the request of the Firm under section
55L of the Financial Services and Markets Act 2000




Terms referred to:

1.
In these Requirements:

1.1
‘Act’ means the Financial Services and Markets Act 2000 (as amended by the
Financial Services Act 2012).

1.2
‘Agreed Scheme Claim’ is defined at page 1 of the Scheme Document at Part 1 of
Annex C.

1.3
'Amendment Date' means the date or dates on which each Card Protection
product was re-designed to remove the misleading post-notification insurance
cover as a product feature, being the dates in respect of each Business Partner
(and its respective Business Partner Affiliates) listed on pages 1 and 2 of the
Scheme Document at Part 1 of Annex C.

1.4
‘Authority’ means the body corporate previously known as the Financial Services
Authority and renamed on 1 April 2013 as the Financial Conduct Authority.

1.5
‘Bar Date’ for the Scheme of Arrangement means the date falling seven months
after the Scheme Effective Date unless, in respect of a Scheme Creditor, one or
more of the Exceptional Circumstances apply in which case, in respect of such
Scheme Creditor, the Bar Date shall be the date falling thirteen months after the
Scheme Effective Date (the 'Exceptional Circumstances Bar Date').

1.6
'Business Partners' means

1.6.1
Barclays Bank plc;

1.6.2
Santander UK plc;

1.6.3
MBNA Limited;

1.6.4
The Royal Bank of Scotland PLC;

1.6.5
HSBC Bank plc;

1.6.6
Nationwide Building Society;

1.6.7
Clydesdale Bank PLC;

1.6.8
Tesco Personal Finance Plc;

1.6.9
Canada Square Operations Limited (formerly Egg Banking plc);

1.6.10
Capital One (Europe) Plc;

1.6.11
Morgan Stanley Bank International Limited;

1.6.12
Home Retail Group Insurance Services Limited; and

1.6.13
Bank of Scotland plc.

1.7
‘Business Partner Affiliates’ means

1.7.1
CitiFinancial Europe plc, a Business Partner Affiliate of the Business
Partner at 1.6.9 above;

1.7.2
Citibank International plc, a Business Partner Affiliate of the Business
Partner at 1.6.9 above;

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1.7.3
National Westminster Bank Plc, a Business Partner Affiliate of the
Business Partner at 1.6.4 above;

1.7.4
Santander Insurance Services UK Limited, a Business Partner Affiliate of
the Business Partner at 1.6.2 above;

1.7.5
Santander Cards UK Limited, a Business Partner Affiliate of the Business
Partner at 1.6.2 above;

1.7.6
Marks & Spencer Financial Services plc, a Business Partner Affiliate of
the Business Partner at 1.6.5 above;

1.7.7
John Lewis Financial Services Limited, a Business Partner Affiliate of the
Business Partner at 1.6.5 above; and

1.7.8
Ulster Bank Limited, a Business Partner Affiliate of the Business Partner
at 1.6.4 above.

1.8
'Card Protection' means CPPL's card protection product, described more
particularly in Annex A, where that product is or was held by a customer:

1.8.1
who purchased (or renewed) the product directly from CPPL on or after
14 January 2005 but before the Amendment Date;

1.8.2
who purchased (or renewed) the product from CPPL on or after 14
January 2005 but before the Amendment Date, following an introduction
by a Business Partner or Business Partner Affiliate; or

1.8.3
who purchased (or renewed) the product directly from a Business Partner
or Business Partner Affiliate on or after 14 January 2005 but before the
Amendment Date.

1.9
‘Claim Form’ means the claim form in respect of a Card Protection product in the
form set out at page 27 of the Scheme Document at Part 1 of Annex C and/or the
claim form in respect of an Identity Protection product as set out at page 30 of the
Scheme Document at Part 1 of Annex C.

1.10
‘CPPL’ means Card Protection Plan Limited, a company registered in England with
registered number 1490503 and registered office at Holgate Park, York YO264GA.

1.11
‘DISP’ means the Dispute Resolution Sourcebook from the Authority’s Handbook
of Rules and Guidance.

1.12
‘Dispute Resolution Procedure’ is defined at page 6 of the Scheme Document at
Part 1 of Annex C.

1.13
‘Disputed Scheme Claim’ is defined at page 6 of the Scheme Document at Part 1
of Annex C.

1.14
‘Exceptional Circumstances’ is defined at page 6 of the Scheme Document at
Part 1 of Annex C.

1.15
‘Excluded Policyholder’ is defined at page 6 of the Scheme Document at Part 1
of Annex C.

1.16
‘Firm’ means each of [name of Business Partner and names of that Business
Partner’s Business Partner Affiliates].

1.17
'Identity Protection' means CPPL's identity protection product, described more
particularly in Annex B where that product is or was held by a customer:

1.17.1
who purchased (or renewed) the product directly from CPPL via a
telephone sale on or after 14 January 2005; or

1.17.2
who purchased (or renewed) the product from CPPL via a telephone sale
on or after 14 January 2005, following an introduction by a Business
Partner or a Business Partner Affiliate.

1.18
‘Mis-selling’ means where the sale of any Product or the way in which the sale of
a Product was conducted by CPPL, a Business Partner or a Business Partner
Affiliate (including, for the avoidance of doubt, the way in which a Scheme Creditor
was introduced to CPPL by a Business Partner or Business Partner Affiliate) failed
to comply with applicable regulatory rules or with the Authority's Principles for
Businesses, or was otherwise in breach of contract or in breach of any tortious duty
of care or any other requirement of the general law (taking into account relevant
materials published by the Authority, other relevant regulators, the Ombudsman
and former schemes, including industry codes of practice). Mis-selling shall include
(but not be limited to) claims that the information provided about any Product failed
to be clear, fair and not misleading, or that such information was incomplete (for
example by omitting to mention material limitations or exclusions on the features or
benefits provided), or that the sale was concluded after applying inappropriate
pressure. Where a policy was purchased and subsequently renewed, references in
this definition to "the sale" shall include the initial sale and each subsequent
renewal. The terms 'Mis-sale' and 'Mis-sold' shall be interpreted accordingly.

1.19
‘Ombudsman’ means the Financial Ombudsman Service.

1.20
‘Permission’ means the Firm's permission under Part 4A of the Act.

1.21
‘Policyholder’ is defined at page 8 of the Scheme Document at Part 1 of Annex C.

1.22
‘Practice Statement Letter’ means the letter issued to each Scheme Creditor in
accordance with the Practice Statement (Schemes of Arrangement with Creditors)
dated 15 April 2002.

1.23
‘Products’ means either or both of Card Protection and Identity Protection.

1.10
'Redress Amount' is defined at page 9 of the Scheme Document at Part 1 of
Annex C.

1.24
‘Redress Determination’ means a written communication from a respondent
under a consumer redress scheme which (a) sets out the results of the
respondent’s determination under the scheme; (b) encloses a copy of the Financial
Ombudsman Service’s standard explanatory leaflet; and (c) informs the
complainant that if he is dissatisfied, he may now make a complaint to the
Ombudsman and must do so within six months (as defined in the Authority’s
Handbook).The Authority acknowledges that, in the circumstances of this Redress
Scheme, a Redress Determination issued by the Scheme Adjudicator stating that it
is issued on behalf of CPPL or the Firm or a Business Partner or a Business
Partner Affiliate, and identifying CPPL or the Firm or the Business Partner or
Business Partner Affiliate on behalf of which it is sent, is deemed to be sent by
CPPL, the Firm, Business Partner or Business Partner Affiliate.

1.25
‘Redress Scheme’ means the redress scheme that the Firm is required to
establish and operate (along with CPPL and the other Business Partners and
Business Partner Affiliates) under these Requirements, which incorporates the
Scheme of Arrangement, which is a “consumer redress scheme” for the purposes
of DISP, and further details of which are set out in Annex C.

1.26
‘Requirement Date’ means the date that these Requirements come into effect.

1.27
‘Scheme Administrator’ means Kevin Gill and Ben Cairns of Ernst & Young LLP
of 1 More London Place, London SE12AF or such other persons appointed
pursuant to the terms of the Scheme of Arrangement.

1.28
‘Scheme of Arrangement’ means the solvent scheme of arrangement under Part
26 of the Companies Act 2006 and described more particularly in Annex C.

1.29
‘Scheme Adjudicator’ is defined at page 10 of the Scheme Document at Part 1 of
Annex C.

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1.30
‘Scheme Claim’ means any claim, action or other right of any description however
arising in relation to, in connection with, or arising from, Mis-selling which a
Scheme Creditor has against CPPL under, in connection with, or arising from a
Product, but only to the extent that the claim, action or other right relates to loss
suffered on or after 14 January 2005. For the avoidance of doubt, a relevant claim,
action or other right shall be a Scheme Claim even if the Mis-selling occurred prior
to 14 January 2005, but will only be a Scheme Claim to the extent of any loss
suffered on or after 14 January 2005.

1.31
'Scheme Creditor’ means any Policyholder, other than an Excluded Policyholder,
who purchased a Product.

1.32
‘Scheme of Arrangement Effective Date’ means the date on which the Court
Order is delivered to the Registrar of Companies in accordance with Clause 2.2 of
the Scheme Document at Part 1 of Annex C.

1.33
‘Subject Matter’ of the Redress Scheme means any claim, action or other right of
any description however arising in relation to, in connection with, or arising from
Mis-selling which a Scheme Creditor has against CPPL or a Business Partner or
Business Partner Affiliate under, in connection with, or arising from a Product, but
only to the extent that the claim, action or other right relates to loss suffered on or
after 14 January 2005. For the avoidance of doubt, any claim, action or other right
of any description however arising relating to loss suffered before 14 January 2005
is outside the scope of (and unaffected by) the Scheme of Arrangement, and
therefore outside the Subject Matter of (and unaffected by) the Redress Scheme.

1.34
‘these Requirements’ means the requirements and provisions in this document
including its Annexes.

2.
Expressions defined in the Authority’s Handbook of rules and guidance or at paragraph 1
above have the meanings given to them unless the context otherwise requires.

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3.
CPPL is an authorised firm which sold the Products.

4.
As more particularly described in a Final Notice issued to CPPL by the Authority dated 14
November 2012, CPPL breached Principles 6 and 7 of the Authority’s Principles for
Businesses between January 2005 and March 2011, as a result of failings in the way in
which it sold and communicated information about the Products to customers.

5.
CPPL agreed with the Authority to carry out a redress exercise to compensate Scheme
Creditors who have Scheme Claims and who fall within paragraphs 1.8.1 and 1.17.1
above.

6.
Following discussions between the Authority, CPPL and the Business Partners, on behalf
of themselves and their Business Partner Affiliates, and without any admission of liability
on the part of the Business Partners or the Business Partner Affiliates:

6.1
the Business Partners, on behalf of themselves and their Business Partner
Affiliates, have agreed to contribute to a redress exercise to compensate Scheme
Creditors who have Scheme Claims and who fall within paragraphs 1.8.2-1.8.3 and
1.17.2 above, on the basis that such redress exercise is combined with the Firm's
redress exercise described at paragraph 5 above and that such combined redress
exercise takes the form of and is implemented via the Scheme of Arrangement;

6.2
the Authority, CPPL and the Business Partners, on behalf of themselves and their
Business Partner Affiliates, have agreed to the combination of the redress
exercises described at paragraphs 5 and 6.1 above, with CPPL and the Business
Partners, on behalf of themselves and their Business Partner Affiliates, agreeing to
share the administrative costs of the combined redress exercise; and

6.3
the Authority, CPPL and the Business Partners, on behalf of themselves and their
Business Partner Affiliates, have agreed to implement the combined redress
exercise via the Scheme of Arrangement. CPPL and the Business Partners, on
behalf of themselves and their Business Partner Affiliates, have each agreed to
contribute to the costs of the Scheme Administrator.

7.
Accordingly, the Firm has applied to the Authority for these Requirements. The Authority
has consulted with the Prudential Regulation Authority and the Authority has accepted the
application.

8.
Pursuant to section 404F(7)(b) of the Act, a provision may be included in the Firm’s
Permission corresponding to section 404B of the Act, binding the Ombudsman to
determine certain complaints for which the Firm is responsible that are referred to the
Ombudsman by reference to what, in the opinion of the Ombudsman, the determination
under the consumer redress scheme should be or should have been.

9.
Under sections 55L and 404F (7) of the Act, the following requirements and provisions are
included in the Firm’s permission:

9.1
the Firm must establish and operate (together with CPPL and the other Business
Partners and their Business Partner Affiliates) the Redress Scheme by:

9.1.1
entering into, and complying with, a deed of undertaking, under which:

(1)
if the Firm is a Business Partner, it will (in particular):

(a)
agree to instruct counsel to appear on its behalf at the
hearing at which the Scheme of Arrangement is to be
sanctioned by the Court to give an undertaking to the
Court to consent to the Scheme of Arrangement and be
bound by the Scheme of Arrangement on the terms and

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conditions and in such form as may be sanctioned by the
Court and agreed by the Firm and CPPL;

(b)
consent to, and undertake to be bound by the Scheme of
Arrangement on the terms and conditions and in such
form as may be sanctioned by the Court and agreed by
the Firm and CPPL; and

(c)
undertake to pay any Redress Amount which CPPL has
undertaken to procure that the Business Partner shall
pay, on behalf of themselves and their Business Partner
Affiliates, pursuant to the terms of the Scheme of
Arrangement; and

(2)
if the Firm is a Business Partner Affiliate, it will (a) consent to the
terms of the Scheme of Arrangement and agree and undertake to
be bound by the Scheme of Arrangement on the terms and
conditions and in such form as may be sanctioned by the Court
and agreed by the Firm and CPPL and (b) consent to redress
being paid on its behalf, as necessary, by its affiliated Business
Partner pursuant to the terms of the Scheme of Arrangement.

9.1.2
complying or procuring compliance with the requirements set out in Annex
C that do not form part of the Scheme of Arrangement.

9.2
certain complaints are to be dealt with by the Ombudsman as described in Annex
D, on the basis that the Redress Scheme corresponds to or is similar to a
consumer redress scheme under section 404 of the Act.

Commencement and duration of these Requirements

10.
These Requirements come into effect immediately.

11.
These Requirements cease to have effect if:

11.1
the Practice Statement Letter is not issued by CPP within 8 weeks of these
Requirements;

11.2
court approval to the meeting of Scheme Creditors is not obtained by CPPL by 30
November 2013;

11.3
the meeting of Scheme Creditors does not take place by 28 February 2014;

11.4
the Scheme of Arrangement is not approved by the requisite majority of Scheme
Creditors at the meeting of Scheme Creditors;

11.5
the Scheme of Arrangement is not sanctioned by the Court by 31 March 2014;or

11.6
the Scheme of Arrangement does not become effective by 30 April 2014.

12.
If these Requirements cease to have effect under paragraph 11:

12.1
the Authority agrees that, on the application of the Firm, or of its own initiative, it
will cancel these Requirements and remove them from the Firm’s Permission, and
the Firm's obligations under these Requirements shall cease; and

12.2
upon these Requirements being cancelled and removed from the Firm's
Permission, the Ombudsman shall consider complaints that would otherwise have
been covered by the Redress Scheme in accordance with DISP.

13.
Subject to paragraph 11, these Requirements remain in force unless otherwise varied or
cancelled. The Authority retains the discretion to vary or cancel these Requirements at its
own initiative in accordance with section 55L(3)(b) and (c) of the Act.


Annex A: Summary of Card Protection
A.1 Card Protection is CPPL’s credit card protection product, which featured the following

A.1.1
cover for up to £100,000 (the figure varied over time) worth of unauthorised
transactions that occur after a customer informs his bank or card issuer that a card
was lost or stolen;

A.1.2
cover for up to £5,000 (the figure varied over time) worth of unauthorised transactions
that occur before a customer informs his bank or card issuer that a card was lost or
stolen;

A.1.3
the facility to cancel lost or stolen cards and order replacements in one phone call;

A.1.4
cover for replacing locks and keys if a customer’s keys are lost or stolen (this includes
car hire/travel expenses, costs of vehicle immobilisers or alarms being reset and
costs of replacing vehicle infrared handsets), providing the loss or theft is reported
within 24 hours;

A.1.5
emergency cash advance, replacement travel ticket advance and hotel bill advance;

A.1.6
replacement passport and driving licence;

A.1.7
replacement of lost handbag or wallet;

A.1.8
cover for any cash that is lost or stolen along with any cards which are lost or stolen;
and

A.1.9
cover for the cost of retrieving lost personal items.

A.2 Card Protection was sold under the following brands: CPP Card Protection, HSBC CardGuard,

M&S Card Safe, Barclaycard Card Protection, Barclays Cardholder Protection, Natwest Card
Protection, Card Protection Plus, Commercial Card Protection, and Egg Emergency Cover.

Annex B: Summary of Identity Protection
B.1 Identity Protection is CPPL’s identity theft protection product, sold under the brand CPP

Identity Protection, and which featured the following benefits:

B.1.1
access to a customer’s Experian credit report and the option to register for text or
email alerts when there are significant changes to the credit report;

B.1.2
access to an identity fraud helpline;

B.1.3
registration on a national fraud database if a customer loses identification documents
or thinks his/her identity is being misused;

B.1.4
access to a fraud case worker to assist if identity theft occurs, with access to a home
visit service in more complex identity theft cases; and

B.1.5
cover for some out of pocket expenses including legal expenses up to the value of
£60,000 that are incurred when dealing with identity theft.

Annex C: Redress Scheme, including terms of the Scheme of Arrangement

Part 1: Terms of the Scheme of Arrangement

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Part 2: Complaints and Redress Determinations
1. From and including the Requirement Date, DISP 1.1.11A R shall apply in respect of any

complaint made by a Scheme Creditor to a Business Partner, Business Partner Affiliate, CPPL
or the Scheme Administrator (when acting on their behalf) where the subject matter of the
complaint falls within the Subject Matter of the Redress Scheme. Where part of a complaint
made by a Scheme Creditor to a Business Partner, Business Partner Affiliate, CPPL or the
Scheme Administrator (when acting on their behalf) falls within the Subject Matter of the
Redress scheme, DISP 1.1.11A R shall apply in respect of that part and references below to a
complaint falling within this paragraph 1 shall be construed as references to that part.


2. The Firm must establish and maintain a fair and intelligent filtering of cases in order to identify

whether a complaint (or parts of a complaint) received after the Requirement Date falls within
the Subject Matter of the Redress Scheme.


3. If the Firm receives a complaint (or part thereof) falling within Paragraph 1 prior to the Bar Date

or, where it applies, the Exceptional Circumstances Bar Date:

3.1. within 10 business days of the receipt of the complaint, the Scheme Creditor will be sent a

letter acknowledging the complaint, notifying the Scheme Creditor that the complaint falls
to be dealt with under the Scheme of Arrangement, and providing information about the
process for making a Scheme Claim;


3.2. if the Scheme Creditor subsequently submits a Scheme Claim under the Scheme of

Arrangement which is admitted as an Agreed Scheme Claim, the Scheme Administrator
will pay redress in accordance with the Scheme of Arrangement. If, having made an
Agreed Scheme Claim, the Scheme Creditor subsequently attempts to pursue his earlier
complaint, or makes a further complaint falling within the Subject Matter of the Redress
Scheme, the entity responsible for the complaint (or the Scheme Adjudicator on its behalf)
shall issue a Redress Determination notifying the Scheme Creditor that his complaint fell
to be dealt with under the Scheme of Arrangement, that he has already made an Agreed
Scheme Claim and has released the relevant entity from further liability as a result of
making the Agreed Scheme Claim;


3.3. if the Scheme Creditor subsequently submits a Scheme Claim under the Scheme of

Arrangement which becomes a Disputed Scheme Claim, the Scheme Adjudicator (on
behalf of a Business Partner, Business Affiliate and/or CPPL, as appropriate) will send a
Redress Determination to a Scheme Creditor containing its determination of the Disputed
Scheme Claim;


3.4. if, by 8 weeks prior to the Bar Date, the Scheme Creditor has not submitted a Scheme

Claim under the Scheme of Arrangement, the Scheme Creditor will be sent a letter
reminding the Scheme Creditor of the information contained in the letter at paragraph 3.1
above and reminding the Scheme Creditor of the impending Bar Date for submitting a
Scheme Claim under the Scheme of Arrangement; and


3.5. if the Scheme Creditor does not submit a Scheme Claim under the Scheme of

Arrangement, the entity responsible for the complaint shall, within 8 weeks after the
Exceptional Circumstances Bar Date, issue a Redress Determination notifying the
Scheme Creditor that his complaint fell to be dealt with under the Scheme of
Arrangement, that the time for making a claim under the Scheme of Arrangement has
passed and that his complaint is now time-barred.

4. If the Firm receives a complaint (or part thereof) falling within Paragraph 1 after the Bar Date

or, where it applies, the Exceptional Circumstances Bar Date:

4.1. if the Scheme Creditor made a Scheme Claim prior to the Exceptional Circumstances Bar

Date and the Scheme Creditor has not already received a Redress Determination, the
entity responsible for the complaint shall issue within 8 weeks of receiving the complaint a

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Redress Determination notifying the Scheme Creditor that his complaint fell to be dealt
with under the Scheme of Arrangement, that he has already made a Scheme Claim and
the outcome of the Scheme Claim; and


4.2. if the Scheme Creditor did not make a Scheme Claim under the Scheme of Arrangement,

the entity responsible for the complaint shall issue within 8 weeks of receiving the
complaint a Redress Determination notifying the Scheme Creditor that his complaint fell to
be dealt with under the Scheme of Arrangement, that the time for making a claim under
the Scheme of Arrangement has passed and that his complaint is now time-barred.

5. If these Requirements cease to have effect pursuant to Paragraphs 11 or 13 of these

Requirements, complaints (or any part thereof) falling within Paragraph 1 shall be dealt with by
the entity responsible for the complaint in accordance with DISP as if the complaint had been
received on the date that the Requirements cease to have effect.


6. For the avoidance of doubt, nothing in these Requirements affects the Firm’s obligations to

resolve complaints (or parts of complaints) whose subject matter falls outside of the Subject
Matter of the Redress Scheme in accordance with their existing obligations, in particular under
DISP.

This Part 3 of Annex C describes the general scheme claims decisioning procedures to be followed
by the Scheme Administrator in administering the Scheme of Arrangement. However, reasonable
adjustments will be made by the Scheme Administrator to the administration process where such
adjustments are necessary to accommodate the disability of a Scheme Creditor that is notified or
otherwise drawn to the attention of the Scheme Administrator (as set out at Clause 10.13 of the
Scheme Document at Part 1 of Annex C).

1. Claim Form acceptance process

1.1. Claim Forms received by the Scheme Administrators will be scanned upon receipt. The

scanning process will be used to identify whether the Claim Form has been appropriately
completed.


1.2. Where the scanning process identifies that the Claim Form has been appropriately

completed, the Claim Form will then be processed in accordance with paragraph 2 below.


1.3. The scanning process will identify that the Claim Form has not been appropriately

completed where:

1.3.1. The Scheme Creditor has not signed the Claim Form;

1.3.2. The Claim Form is torn or in some other damaged state which renders the Claim

Form illegible; or

1.3.3. The Scheme Creditor has not written any comments in the box on the Claim Form.

In these cases, the Claim Form will be reviewed by the Scheme Administrators. Provided
that the Scheme Creditor has written comments in the box on the Claim Form and has
signed the Claim Form such that the Scheme Creditor’s intentions in submitting the Claim
Form can be established, the Claim Form will then be processed in accordance with
paragraph 2 below. In other cases, the Claim Form will not be accepted for processing
and the Scheme Creditor will be given one further opportunity to re-submit his or her
claim, by being sent a new Claim Form for completion.

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2. Process for determining the validity of claims

2.1. Each Claim Form which is accepted for processing under the process described in

paragraph 1 will then be manually reviewed by the Scheme Administrator. This will be a
brief review, the purpose of which is to ensure that only claims of Scheme Creditors who
are alleging Mis-selling are accepted as Scheme Claims.

2.2. Scheme Creditors will be treated as alleging Mis-selling and accepted as making a

Scheme Claim where the Scheme Creditor’s comments on the Claim Form suggest that
the Scheme Creditor:

2.2.1. wants his or her money back;

2.2.2. is dissatisfied with the way in which the Product was sold to him or her, including (but

not limited to) where the Scheme Creditor considers he received unsuitable advice in
relation to the sale of the Product;

2.2.3. considers that the way in which the Product was sold failed to comply with applicable

regulatory rules or with the Authority’s Principles for Businesses or was otherwise in
breach of contract or any tortious duty of care or any other requirement under the
general law (taking into account relevant materials published by the Authority, other
relevant regulators the Ombudsman and former schemes, and including industry
codes of practice);

2.2.4. alleges that the information provided about the policy failed to be clear, fair and not

misleading, or that such information was incomplete (for example by omitting to
mention material limitations or exclusions on the features or benefits provided); or

2.2.5. alleges that the sale was concluded after applying inappropriate pressure.

2.3. A Scheme Creditor will be not be treated as alleging Mis-selling (and will not be accepted

as making a Scheme Claim or otherwise fall within the Subject Matter of the Redress
Scheme) where, for example:

2.3.1. he has returned a Claim Form but the comments on it indicate that he is happy with

the Product and/or is not seeking redress; or

2.3.2. he has written unrelated or abusive text in his Claim Form which does not suggest

any allegation of Mis-selling.

2.4. For the avoidance of doubt, Scheme Creditors will be treated as alleging Mis-selling and

accepted as making a Scheme Claim where:

2.4.1. the Scheme Creditor alleges Mis-selling, but also indicates that he wants to keep the

Product. In such cases, the Scheme Creditor will be accepted as making a Scheme
Claim and eligible for compensation, but will be notified when offered any
compensation payable that his Scheme Claim has been treated as a request to
cancel the Product;

2.4.2. the Scheme Creditor alleges Mis-selling, but indicates that other features of the

Product such as the facility to cancel lost or stolen cards and order replacements in
one phone call was of benefit to them. In such cases, the Scheme Creditor will be
accepted as making a Scheme Claim and eligible for compensation, but will be
notified when offered any compensation payable that his Scheme Claim has been
treated as a request to cancel the Product; and

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2.4.3. the Scheme Creditor alleges Mis-selling, but also includes abusive or unrelated text

in the Claim Form.

2.5. All Claim Forms which are identified as not alleging Mis-selling shall be subject to a

second review by the Scheme Administrators for quality assurance purposes.

3. Valid claims

3.1. A Scheme Creditor whose Claim Form is (a) accepted for processing under the steps

identified in section 1 above and (b) identified as alleging Mis-selling (and thereby making
a Scheme Claim) under the steps identified in section 2 above will be eligible to be paid
compensation under the terms of the Scheme Document at Part 1 of this Annex C. The
amount of compensation payable shall be calculated in accordance with the terms set out
in page 9 of the Scheme Document at Part 1 of this Annex C.


4. Claim Forms returned after the Bar Date

4.1. If Scheme Creditors return their Claim Forms to the Scheme Administrators after the Bar

Date (or, where relevant circumstances apply, the Exceptional Circumstances Bar Date),
those Claim Forms will not be accepted or reviewed in accordance with the steps
described in sections 1 to 3 above, as such those Scheme Creditors will not be entitled to
compensation under the terms of the Scheme of Arrangement.

5. Dispute Resolution Procedure

5.1. If a Scheme Creditor disagrees with the rejection of his Claim Form by the Scheme

Administrators or with the amount of compensation payable to him, he may initiate the
Dispute Resolution Procedure.

11/10406455_3
53

Annex D: Complaints to be dealt with by the Ombudsman

D.1 This annex applies only where:



D.1.1 a complaint is referred to the Ombudsman by or on behalf of a Scheme Creditor

(whether or not the Scheme Creditor has made a claim under the Scheme of
Arrangement);

D.1.2 the complaint is referred to the Ombudsman on or after the Requirement Date; and

D.1.3 within 14 days of the Ombudsman telling the Firm in writing that the complaint has

been referred to the Ombudsman, the Firm tells the Ombudsman in writing that the
complaint (or part of the complaint) is covered by the Redress Scheme.

D.2 Subject to paragraph D.1 above, this annex applies where a Scheme Creditor:


D.2.1 makes a complaint to the Ombudsman in respect of an act or omission of the Firm

and, at the time the complaint is made, the subject matter of the complaint is within
the Subject Matter of the Redress Scheme and therefore falls to be dealt with (or has
been dealt with) under the Redress Scheme;

D.2.2. is not satisfied with the Redress Determination issued by the Firm under the Redress

Scheme; or

D.2.3 considers that the Firm has failed to make and issue a Redress Determination in

accordance with the Redress Scheme.

D.3 The Ombudsman is required to determine the complaint under section 404B of the Act and

the provisions of DISP as if the Redress Scheme were a consumer redress scheme under
section 404 of the Act.

D.4 The Ombudsman will usually determine a complaint only by reference to what is, in his

opinion, fair and reasonable in all the circumstances of the case. However, in these
circumstances the Ombudsman is required to determine the complaint by reference to what,
in the opinion of the Ombudsman, the determination under the Redress Scheme should be or
should have been.

D.6. Where a complaint is made to the Ombudsman and only part of the complaint is a complaint

falling within this annex, the Ombudsman will deal with that part of the complaint in
accordance with this annex and will deal with the remainder of the complaint in the usual way
in accordance with DISP.