Purpose

This policy details how 4T Markets Limited (‘4T Markets’) will deal with all complaints received from its clients or potential clients. The Firm is authorised and regulated by the Financial Conduct Authority (FCA) and as such will act in accordance with the rules in the Dispute resolution sourcebook (DISP) in the FCA Handbook.

Review of Policy and Procedure

The Policy and procedure will be reviewed on an annual basis and will be amended as considered necessary by the Firm’s management body in the event of changing circumstances or regulatory reforms.

Responsibilities

The management body of the firm is responsible for the implementation of this policy and for monitoring compliance with it.

Christoph Flefel is the senior manager responsible for the overall complaints handling function at 4T Markets. The Compliance Team is responsible for analysing complaints to identify and mitigate any risk or issues.

The compliance team is also responsible for recording, investigating any complaints raised, assessing them in accordance with FCA rules, providing the client with a written outcome and notifying them of the right to refer their complaint to the Financial Ombudsman Service (FOS).

4T Markets’ employees are responsible for identifying a verbal or written complaint and referring these to the Compliance Team.

Definitions

The FCA defines a MiFID complaint as ‘any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service or a redress determination:

• a) which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
• b) either:
  1. I. to which article 26 of the MiFID Org Regulation applies; or
  2. II. which concerns the equivalent business of a third country investment firm.

A MiFID complainant includes :

• a) Retail client
• b) Professional client (both per se and elective professional clients)
• c) Eligible counterparty (in relation to eligible counterparty business)

An Eligible complainant is a complainant that is:

• a) A consumer
• b) A micro enterprise
• c) A charity with an annual income of less than £1,000,000
• d) A trustee with net assets of less 1,000,000

Complainants that are professional clients or eligible counterparties acting outside of their trade or profession in relation to the activity to which the complaint relates are considered to be customers and as such are eligible complainants.

Eligible complainants have the right to refer their complaints to the Financial Ombudsman Service.

The Policy

4T Markets will publish the details of its complaints handling process on its website.
This will include information about the complaints management policy and the contact details of the complaints management function. This information shall be provided to clients or potential clients, on request, or when acknowledging a complaint.

Complaints Resolution

Clients and potential clients are able to submit complaints free of charge.

Complaints will be handled promptly, effectively and in an independent manner, obtaining additional information as necessary. The Firm will always communicate with clients and potential clients clearly in plain language that is easy to understand and will reply to the complaint without undue delay.

The Firm will assess fairly, consistently, and promptly:

• a) The subject matter of the complaint
• b) Whether the complaint should be upheld
• c) What remedial action or redress may be appropriate
• d) Whether another party may be solely or jointly responsible for the matter alleged in the complaint

Factors that may be relevant in the assessment of a MiFID complaint include the following:

• a) All the evidence available and the particular circumstances of the complaint
• b) Similarities with other complaints received by the Firm
• c) Relevant guidance published by the FCA, other relevant regulators, the Financial Ombudsman Service, or former schemes
• d) Appropriate analysis of decisions by the Financial Ombudsman Service concerning similar complaints received by the Firm

4T Markets will promptly comply with any offer or remedial activity or redress accepted by the complainant. The Firm will consider a complaint closed when it has issued a final response.

4T Markets will provide information about the Financial Ombudsman Service to eligible complainants on its website and if applicable, in the general conditions of its contracts with eligible complainants. If a complaint is referred to the Financial Ombudsman Service, the 4T Markets will cooperate fully with the Financial Ombudsman Service and comply promptly with any settlement or awards made by it.

Timelines

On receipt of a complaint the 4T Markets will send the complainant a written acknowledgement providing confirmation that is has received the compliant and is dealing with it. The Firm will issue a final response to the complainant within 8 weeks and inform the complainant, for eligible complainants, about their options for onward referral to the Financial Ombudsman Service.

If for any reason 4T Markets is unable to resolve the complaint within 8 weeks, it will provide the client must send out a holding letter explaining why it has not been able to issue a decision within the above time frame and when it expects to be able to provide a decision. It should however be noted that it is a requirement that final responses are issued by the end of eight weeks after receipt of complaints.

Letter and Timings

Complaints time barring

If the Firm receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service, it may reject the compliant without considering the merits but will explain this to the complainant in its final response.

The Financial Ombudsman Service will not consider a complaint if the complainant refers it to the Financial Ombudsman Service

• a) More than six months after the respondent sent the complainant its final response
• b) More than six years after the event complained of
• c) More than three years from the date on which the complainant became aware that he had cause for complaint

The Financial Ombudsman Service

4T Markets and its employees will co-operate fully with the FOS in the handling of complaints against it. Co-operation with the FOS includes, but is not limited to, producing requested documents, adhering to any specified time limits, attending hearings when requested to do so and complying promptly with any settlements or awards

Details of how you can contact the Financial Ombudsman Service and a link to their explanatory leaflet will be supplied at the same time as the 4T Markets’ final response. You may request a copy of the explanatory leaflet from the Financial Ombudsman Service directly:

Financial Ombudsman Service Exchange Tower London E14 9SR Telephone 0845 080 1800 E-mail: [email protected] Website: www.financial-ombudsman.org.uk