Not upheld: Service failures generally complaint against FIL Investments International
Financial Ombudsman decision DRN-7058174 of 2015-11-13T00:00:00+00:00. Service failures generally complaint against FIL Investments International. Outcome: Not upheld.
Decision detail
| Reference | DRN-7058174 |
|---|---|
| Decision date | 2015-11-13T00:00:00+00:00 |
| Firm | FIL Investments International |
| Product | Savings / ISA |
| Claim type | Service failures generally |
| Outcome | Not upheld |
| Remedy | No remedy ordered. The ombudsman advised that the only resolution was for Ms M to supply the documentation required by the firm to discharge its AML obligations. |
Summary
Ms M opened an ISA with FIL Investments International in March 2015 with a £15,000 deposit but the firm subsequently requested additional original documents for identity verification due to discrepancies between her passport name and other documents. The firm refused to accept self-printed bank statements or photocopied documents, and suspended all account activity pending verification. Mr F complained that the firm's requirements were unreasonable and that the terms and conditions allowing fund retention were unfairly hidden. The ombudsman found the firm was required to comply with strict AML regulations and had no discretion to accept copies or relax verification requirements, and that the suspension of funds was lawful and necessary.
The Ombudsman's reasoning
The ombudsman found that the business was required to comply with strict AML regulations and had no discretion to ignore them. The name discrepancy between Ms M's passport and other documents, though explained by cultural reasons, legitimately triggered the need for additional original documentation. The business was entitled to require original or certified documents rather than self-printed copies, as this is normal practice and required by law. The suspension of account activity and retention of funds was lawful under the terms and conditions and necessary to comply with AML obligations. The money was not being stolen but held pending verification.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| FIL Investments International, all decisions | 7 | 14% |
| Service failures generally, all decisions | 32,767 | 33% |
| Savings / ISA, all decisions | 7,604 | 22% |
Source
Read the original decision on the Financial Ombudsman Service website