FOR DEALER USE ONLY YOUR REGULATORY COMPLIANCE GUIDE. Version 3.0
2 Your Regulatory Compliance Guide Contents Keeping conduct and service high p 3 Minimum requirements for Premier Partners p 4 Supplying Scheme vehicles p 5 Managing complaints p 6 Customer information p 7 Confirming your FCA authorisation p 9 Supporting you p 10 If you have any questions, please contact our Dealer Contact Services team on 0300 037 0200
Treating Your Partnership Customers Fairly 2017 3 Our customers are at the heart of what we do and our priority is to provide them with excellent service underpinned by quality and choice. Keeping conduct and service high Like all dealerships, we re regulated by the Financial Conduct Authority (FCA). We work hard to make sure our services are delivered with clarity and transparency, and that customers are kept informed clearly and fairly throughout their lease. As a Motability dealer, you re a key partner in delivering outstanding service to our mutual customers and we rely on you to conduct interactions on behalf of the Scheme professionally and to a high standard. It s important that customers can trust us and together we need to treat them fairly. What does excellent customer service look like? Keep the customer s best interests at the heart of everything you do. Provide customers with clear, jargon free information. Consider customers individual circumstances whenever advising them. Be prepared to take additional time with vulnerable customers. Provide an excellent standard of service. Respond to and resolve customer complaints, without putting in place any unreasonable barriers for customers wishing to make a complaint. Support us in resolving any escalated customer complaints.
4 Your Regulatory Compliance Guide Minimum requirements for Premier Partners To supply Scheme vehicles, Premier Partners must have credit broking permissions with the Financial Conduct Authority and be compliant with the General Data Protection Regulation (GDPR). Training compliance To provide outstanding customer service, any dealer looking after our customers must be knowledgeable about the Scheme, follow our guidelines and be disability confident. Motability dealer training plays such a big role in ensuring our customers needs are met and our processes adhered to, so each dealership must have at least two trained Sales Specialists and two trained Aftersales Specialists. Dealerships who fail to meet these training standards will not be able to supply Motability Scheme cars until training standards are met and will incur a 20% adjustment to their quarterly MDP reward. Keeping compliant We will work with all our Premier Partners to help them meet the obligations set out in this guide. However, failure to comply with any could result in: a MDP adjustment your ability to supply vehicles suspended loss of MDP earnings exclusion from the Motability dealer network.
Treating Customers Fairly 5 Supplying Scheme vehicles Dealerships who supply vehicles under the Motability Scheme must meet the requirements of the Supply event. An application is processed and submitted by employees with a valid Sales Specialist accreditation. The customer or their legal appointee is present at the time of application. The customer s eligibility for the Scheme has been qualified. The key features of the contract hire agreement have been explained and the customer has read and understood the terms and conditions. The customer understands the financial implications of the agreement and an assessment of their ability to afford the Advance Payment (if applicable) has been completed. The vehicle suits their mobility and financial situation. The customer understands their obligations and responsibilities to the Scheme and the Statement of Responsibilities and Suitability Confirmation has been completed. The customer understands how Motability Operations Ltd will process their data and provide them with access to the Privacy Policy. Conduct the vehicle handover on dealership premises and ensure the PIN is entered by the customer or their appointee.
6 Your Regulatory Compliance Guide Managing complaints Whilst together we strive for outstanding customer service, we know that sometimes things can go wrong. Part of our commitment to treating customers fairly involves making sure that our customers don t face unreasonable barriers to make a complaint or change vehicles. You re required to respond to and resolve customer complaints, either directly or in some circumstances through us, in accordance with FCA requirements and support us in cases where a customer escalates their complaint. Where a complaint is escalated to us, we ll consider and investigate it carefully to ensure the fairest outcome. Often, by the time a complaint has been escalated to us, the customer s perception of your dealership has already been affected. If a complaint is made, in the first instance you still have the opportunity to provide a satisfactory and timely resolution to your customer and win back their loyalty, retaining their custom. As a dealer partner, we require that you work with us to resolve any complaints in a timely manner. Any barriers that we face in trying to work with you to resolve a complaint may result in the complaint being upheld and an adjustment applied to your MDP reward. To make sure that our customers are being treated fairly and that we address any areas for improvement, we monitor all complaints. If we perceive you to have a high number of complaints, we ll work with you to make sure adequate steps are being taken to address our concerns. You can find out what the FCA requirements are for dealing with complaints at www.the-fca.org.uk Submitting applications An application can only be started and submitted provided either the customer or appointee is present. An application cannot, under any circumstances, be submitted by anyone else. If the customer or appointee isn t present, the application will be deleted from Online Applications.
Treating Customers Fairly 7 Customer information It s important that your dealership is able to evidence how customers are treated fairly and how you keep their personal data safe. Your dealership should: Have clear processes in place to ensure the safeguarding of customer data in line with the General Data Protection Regulation (GDPR). Hold all documentation required to place an application on behalf of a customer, including the Statement of Responsibilities and Suitability Confirmation, for the full length of the agreement. This will enable you to provide evidence in the event of an audit that Scheme and vehicle suitability were considered as part of the Supply Event. Apply good record-keeping practice to Scheme applications and store information to the same standard as other files in line with GDPR. Know who s responsible for your dealership s compliance (Compliance Specialist/Auditor), seek out best practice and share this guide with them. Keep and share information about complaints, including the action you took to resolve dissatisfaction. Identify potential risks and measure performance. Ensure that the Motability Scheme transactions you complete form part of your internal compliance monitoring and auditing process. Check to ensure relevant paperwork is complete and customer application information is correct.
8 Your Regulatory Compliance Guide The processes you have in place to collect, store and use customer data must be in line with General Data Protection Regulation (GDPR). Only collect the information required throughout the lease: You must only collect the data required to manage the customer through the life of their lease. You should not collect information about a customer s personal circumstances or their disability, unless it is strictly necessary for the provision of adaptations or to facilitate the conversion of the vehicle. As part of the application process, we only require you to keep the Statement of Responsibilities and Suitability Confirmation. Get the appropriate consents: Under our Terms and Conditions, customers acknowledge that we, our Scheme partners and the supplying dealer, hold and use their data for the purposes of their lease. This includes vehicle supply, servicing and maintenance, handback and providing information about renewal. If you want to contact customers for marketing purposes, or share their data with other parties, you need to get separate consent from them. You must be clear about why you are collecting the data and who you are sharing it with. Don t keep data for longer than required: You can keep customer data to meet legal or regulatory obligations, but you must have formal processes in place to destroy it when it s no longer needed. We would suggest that it is not necessary to hold customer data for longer than the term of the lease. Keep customer data secure: Customer data will be stored in Online Applications as part of the application process. If you wish to store it on your own systems, you must ensure that you have appropriate controls in place to keep them secure. If you keep paper records, make sure they re locked away at all times and can only be accessed by authorised employees. What you can and can t do You can: collect customer name, address, contact details, date of birth, national insurance number and award details to complete their application securely store customer data throughout the lease use the data to contact the customer about the vehicle or renewal throughout their lease. You can t: 8 collect data about a customer s personal circumstances or disability unless it is strictly necessary for the provision of adaptations or to facilitate the conversion of the vehicle 8 use the data for marketing purposes, or share or sell to third parties (unless you have their consent) 8 keep customer data for an indefinite length of time just-in-case you need it in future.
Treating Customers Fairly 9 Confirming your FCA authorisation To meet our obligations under FCA regulations, every Premier Partner is required to confirm the status of its FCA credit broking permissions on an annual basis. We will contact you to confirm the status of your dealership s FCA authorisation by email. You will need to submit an audit for each unique Motability dealer code. You will need to provide the following to complete your submission: Firm Reference Number (FRN). If you are an Appointed Representative you must also provide your own FRN, as well as your Principal FRN. Your finance department or Compliance Specialist will know your dealership s FCA credit broking authorisation status and FRN. You can also find this information by searching for your company s name on the FCA Register at https://register.fca.org.uk To comply with self billing regulations and to enable us to make payments to your dealerships, we are also required to complete an annual VAT audit for all dealers who supply Scheme cars and earn MDP payments.
10 Your Regulatory Compliance Guide Supporting you To support you in understanding our systems, maximising your potential MDP rewards and delivering excellent customer service, we ve developed a range of support tools to help clarify any areas of our systems, the Motability Scheme or your performance that you re unclear on. motabilitydealer.co.uk motabilitydealer.co.uk is your one-stop-shop as a dealer partner with all your guides, urgent updates, marketing support, advice and Point of Sale material, as well as links to the Partner Training Centre and other relevant sites. Visit today to find: The Tools and Support page of the Partner Training Centre is a good starting point for finding out more about the resources available to you. The Resource Library at motabilitydealer.co.uk contains all the guides you ll need as a Motability dealer, available to view online or download and print. To view your Group report, go to motabilitydealer.co.uk and click Cars, Dealerships and Performance. We highly recommend you train more Specialists than are required to meet our standards to help provide continuous coverage within your dealership and a comprehensive understanding of the Scheme. To make sure your dealership is compliant at all times, please visit motabilitydealer.co.uk for more details of our Motability Specialist training. Our Dealer Contact Services team is on hand to support you with any problems or queries on 0300 037 0200.
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You can access the latest dealer guides, dealer dashboard, Partner Training Centre and further information at motabilitydealer.co.uk Motability Operations Dealer Services Bristol Park House 610 Bristol Business Park Coldharbour Lane Bristol BS16 1EJ Email: dcs@motabilityoperations.co.uk Tel: 0300 037 0200 (Lines open 8.30am 5.30pm Mon Fri) Fax: 0117 979 8668 motabilitydealer.co.uk RAC Motability Assist Customer Services Thomas Street, Stretford Manchester M32 0HX Tel: 0800 731 1173 Tel: 0330 123 1531 Bristol Park House 610 Bristol Business Park Coldharbour Lane Bristol BS16 1EJ Email: anyquestion@mfldirect.co.uk Tel: 0370 600 0288 (Lines open 8.30am 5.30pm Mon Fri) mfldirect.co.uk Epyx 1link Tel: 01676 571 000 1link.co.uk Glass Repair/Replacement Managed by RSAM Tel: 0300 037 9944 RSA Motability (RSAM) Customer Services PO Box 4, New Hall Place Old Hall Street Liverpool L69 3SD Tel: 0300 037 3737 (Vehicle lines open 8am 8pm Mon Fri and 8am 4pm Sat) motability.co.uk/insurance 116.0518