DISP 1
Complaint handling procedures for firms
DISP 1.1
Application and Purpose
- 01/12/2004
Application
DISP 1.1.1
See Notes
This chapter applies to every firm in respect of activities carried on from an establishment maintained by the firm (or its appointed representative) in the United Kingdom, except:
(1)
(b) a UCITS qualifier;
(c) an authorised professional firm in so far as its non-mainstream regulated activities are concerned; and
(d)
a credit union; or
- 21/12/2002
DISP 1.1.2
See Notes
This chapter is also relevant to those who might wish to refer a complaint to the Financial Ombudsman Service.
- 01/04/2002
DISP 1.1.3
See Notes
- 01/12/2004
DISP 1.1.4
See Notes
(1)
VJ participants are subject to DISP 1, except DISP 1.1.1 G, DISP 1.1.5 R and DISP 1.5(Record keeping and reporting), by contract under the standard terms as if they were firms (see DISP 4.2.2 R). DISP 1.2 applies to VJ participants only in relation to complaints about activities of the VJ participant specified in DISP 2.6.9 R. DISP 1.2 (Internal complaints handling procedures: general requirements) also applies to VJ participants elsewhere in the EEA under the extended jurisdiction set out in DISP 2.7.2 R.
- 01/04/2002
DISP 1.1.5
See Notes
Except as otherwise specified, references to a "complaint" in this chapter include a complaint which is capable of becoming a relevant new complaint or a relevant transitional complaint.
- 31/10/2004
DISP 1.1.6
See Notes
A complaint about pre-commencement investment business carried on by a firm which was regulated in respect of that business by a recognised professional body will be handled under the arrangements of that professional body, and is outside the scope of DISP.
- 01/04/2002
Exemption
DISP 1.1.7
See Notes
(1) A firm which does not conduct business with eligible complainants and has no reasonable likelihood of doing so is exempt from DISP 1.2 - DISP 1.7, if:
(a) it has notified the FSA in writing that those conditions apply ; and
(b) the conditions in fact continue to apply.
(2) The exemption takes effect from the date on which the notice was received by the FSA.
(3) In (1), conducting business means carrying on any of the activities to which the rules in DISP 2.6 apply with or for persons who are eligible complainants under DISP 2.4.
- 01/04/2003
End of exemption
DISP 1.1.10
See Notes
A firm which is exempt under DISP 1.1.7 R must notify the FSA in writing as soon as reasonably practicable if the conditions in DISP 1.1.7 R no longer apply.
- 01/04/2003
DISP 1.1.11
See Notes
- 01/04/2002
Purpose
DISP 1.1.12
See Notes
The purpose of this chapter is to set out the rules relating to the internal handling of complaints by firms, including the procedures which a firm must put in place; the time limits within which a firm must deal with a complaint; the records of a complaint which a firm must make and retain; and the requirements on a firm to report information about complaints to the FSA. This is to ensure that complaints are handled fairly, effectively and promptly, and resolved at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service. This purpose is consistent with the FSA's consumer protection regulatory objective.
- 01/04/2002
DISP 1.2
Internal complaint handling procedures: general requirements
- 01/12/2004
DISP 1.2.1
See Notes
A firm must have in place and operate appropriate and effective internal complaint handling procedures (which must be written down) for
- 01/04/2002
DISP 1.2.2
See Notes
An eligible complainant is a person who would be eligible to refer a complaint to the Financial Ombudsman Service, as defined in DISP 2.4
- 01/04/2002
DISP 1.2.3
See Notes
Firms are not obliged to restrict their internal complaint handling procedures to expressions of dissatisfaction from eligible complainants. They may, if they wish, also establish procedures for handling complaints from other customers.
- 01/04/2002
DISP 1.2.4
See Notes
The internal complaint handling procedures should provide for:
(1) receiving complaints;
(2) responding to complaints;
(3) the appropriate investigation of complaints; and
(4) notifying complainants of their right to go the Financial Ombudsman Service where relevant.
- 01/04/2002
DISP 1.2.5
See Notes
When deciding what constitutes an appropriate complaint handling procedure (see DISP 1.2.1 R), a firm should have regard to:
(1) the type of business it undertakes;
(2) its size and organisational structure;
(3) the nature and complexity of the complaints it is likely to receive; and
(4) the likely number of complaints it will receive and have to investigate.
- 01/04/2002
DISP 1.2.6
See Notes
- 01/04/2002
DISP 1.2.7
See Notes
In establishing their internal complaint handling procedures, firms may wish to take account of BS ISO 10002:2004 'Quality management. Customer satisfaction. Guidelines for complaints handling in organizations'. This is available from BSI. To purchase copies contact them directly on 020 8996 9001 or orders@bsi-global.com.
- 01/04/2002
DISP 1.2.8
See Notes
The internal complaint handling procedures should enable complainants to make a complaint by any reasonable means (for example, letter, telephone, e-mail or in person).
- 01/04/2002
Publicising the procedures
DISP 1.2.9
See Notes
A firm must:
(1) Refer eligible complainants in writing to the availability of its internal complaint handling procedures at, or immediately after, the point of sale;
(2) publish details of its internal complaint handling procedures, supply a copy on request to an eligible complainant, and supply a copy automatically to the complainant when it receives a complaint from an eligible complainant (unless the complaint is resolved by close of business on the next business day); and
(3) display in each of its branches or sales offices to which eligible complainants have access a notice indicating that it is covered by the Financial Ombudsman Service.
- 01/09/2003
DISP 1.2.10
See Notes
The requirements in DISP 1.2.9 R(1)-(3) relate to the internal complaints procedures required by DISP 1.2.1 R.
- 01/04/2002
DISP 1.2.11
See Notes
In order to comply with DISP 1.2.9 R(1), a firm may include reference to its complaint handling procedures in contractual documentation, for example, (where the firm is subject to the requirements in COB) in a terms of business letters, key features document or client agreement, or (where the firm is subject to the requirements in MCOB) in an initial disclosure document or offer document.
- 31/10/2004
DISP 1.2.12
See Notes
Where a complaint is also subject to the more detailed requirements in DISP 1.4 - DISP 1.6, the firm may send out a copy of its complaint handling procedures (as required by DISP 1.2.9 R (2)) at the same time as the acknowledgement required by DISP 1.4.1 R.
- 01/04/2002
DISP 1.2.13
See Notes
For the purposes of satisfying DISP 1.2.9 R(2) a firm may wish to produce a leaflet which summarises its internal complaint handling procedures.
- 01/04/2002
DISP 1.2.14
See Notes
Firms' literature and correspondence relating to complaints should be in clear and plain language.
- 01/04/2002
DISP 1.2.15
See Notes
A firm may also, if it wishes to do so, disclose the fact that it is covered by the Financial Ombudsman Service by including the Financial Ombudsman Service logo in any marketing literature or correspondence directed at eligible complainants, provided that it does so in a way which is not misleading.
- 01/04/2002
Particular matters for which procedures must make provision
DISP 1.2.16
See Notes
A firm's internal complaint handling procedures under DISP 1.2.1 R must make provision for:
(1) complaints to be investigated by an employee of sufficient competence who, where appropriate, was not directly involved in the matter which is the subject of the complaint;
(2) the person charged with responding to complaints to have the authority to settle complaints (including the offering of redress where appropriate) or to have ready access to someone who has the necessary authority; and
(3) responses to complaints to address adequately the subject matter of the complaint and, where a complaint is upheld, to offer appropriate redress.
- 01/04/2002
Providing compensation
DISP 1.2.17
See Notes
- 01/04/2002
DISP 1.2.18
See Notes
In deciding whether or not to accept a complaint and what would be appropriate redress, firms may wish to consider any relevant guidance published by the FSA, the Financial Ombudsman Service or by any of the former schemes.
- 01/04/2002
DISP 1.2.19
See Notes
Appropriate redress will not always involve financial redress. It may, for example, simply involve an apology. Where financial redress is deemed appropriate, it may include a reasonable rate of interest.
- 01/04/2002
DISP 1.2.20
See Notes
DISP App 2 contains guidance to firms on the approach to assessing financial loss and appropriate compensation in circumstances where a firm regards a complaint in relation to the sale of an endowment policy (which is sold for the purposes of repaying a mortgage) as justified.
- 01/04/2002
Using the procedures
DISP 1.2.21
See Notes
A firm must take reasonable steps to ensure that all relevant employees (including employees of appointed representatives) are aware of the firm's internal complaint handling procedures and must endeavour to ensure that they act in accordance with them.
- 01/04/2002
DISP 1.2.22
See Notes
A firm must put in place appropriate management controls and take reasonable steps to ensure that in complying with DISP 1.2.1 R it handles complaints fairly, consistently and promptly and that it identifies and remedies any recurring or systemic problems, as well as any specific problem identified by a complaint.
- 01/04/2002
DISP 1.3
Internal complaint handling procedures: additional requirements
- 01/12/2004
DISP 1.3.1
See Notes
DISP 1.4 - DISP 1.6 contain additional requirements, concerning time limits, record keeping and reporting and cooperation with the Ombudsman, for handling complaints, unless DISP 1.3.3 R applies.
- 01/04/2002
DISP 1.3.2
See Notes
DISP 1.4 - DISP 1.6 also apply to any complaints that are capable of becoming relevant new complaints or relevant transitional complaints, unless DISP 1.3.3 R applies.
- 31/10/2004
DISP 1.3.3
See Notes
DISP 1.4 - DISP 1.5 do not apply:
(1) where the firm has taken reasonable steps to determine, and has determined, that the complaint:
(a) is not made by, or on behalf of, an eligible complainant; or
(b) does not relate to an activity of that firm which comes under the jurisdiction of the Financial Ombudsman Service; or
(c) does not involve an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience; or
(2) where the complaint has been resolved by close of business on the business day following its receipt.
- 01/09/2003
DISP 1.3.3A
See Notes
In order to comply with DISP 1.3.3 R(2), when a complaint is received on any day other than a business day, or after close of business on a business day, a firm can treat the complaint as received on the next business day.
- 01/09/2003
DISP 1.3.4
See Notes
Under the Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order, a complaint received by a firm, either before or after commencement, relating to an act or omission relating to business which was not a regulated activity at the time of the matter complained of is capable of becoming a relevant new complaint or a relevant transitional complaint. A firm is expected to handle such complaints in accordance with DISP 1.
- 31/10/2004
DISP 1.3.5
See Notes
Financial loss includes consequential or prospective loss, in addition to actual loss. For example, a complaint may involve an allegation that the complainant may suffer financial loss which has not yet crystallised because of the type of product involved (for example, pensions, endowments etc).
- 01/04/2002
DISP 1.4
Time limits for dealing with a complaint
- 01/12/2004
Written acknowledgement within five business days
DISP 1.4.1
See Notes
A firm must send a written acknowledgement of a complaint within five business days of its receipt, giving the name or job title of the individual handling the complaint for the firm (together with details of the firm's internal complaint handling procedures).
- 01/04/2002
DISP 1.4.2
See Notes
A firm which is able to provide a final response within five business days of receipt of a complaint may combine its acknowledgement of the complaint with the final response. (For complaints which are subject to the FSAVC review, see DISP 1.4.15 R to DISP 1.4.17 G.)
- 01/04/2002
DISP 1.4.3
See Notes
A firm should aim to resolve complaints at the earliest possible stage.
- 01/04/2002
Early resolution of complaints
DISP 1.4.3A
See Notes
DISP 1.4.4 R to DISP 1.4.6 R do not apply if the complainant has already indicated in writing acceptance of a response by the firm, provided that the response informed the complainant how to pursue his complaint if he remained dissatisfied.
- 01/09/2003
DISP 1.4.3B
See Notes
DISP 1.4.3A R recognises that the complainant may accept the firm's response at any time during the complaint process and that this may resolve the complaint, even when the firm has not issued a final response. The firm's response need not have referred to the Financial Ombudsman Service, but should have explained how the complaint would be progressed by the firm if the complainant remained dissatisfied.
- 01/09/2003
Final or holding response within four weeks
DISP 1.4.4
See Notes
A firm must, within four weeks of receiving a complaint, (unless DISP 1.4.3A R or DISP 1.4.9 R applies) send the complainant either:
(1) a final response; or
(2) a holding response, which explains why it is not yet in a position to resolve the complaint and indicates when the firm will make further contact (which must be within eight weeks of receipt of the complaint).
- 01/09/2003
Final or other response within eight weeks
DISP 1.4.5
See Notes
A firm must, by the end of eight weeks after its receipt of a complaint, (unless DISP 1.4.3A R or DISP 1.4.9 R applies) send the complainant either:
(1) a final response; or
(2) a response which:
(a) explains that the firm is still not in a position to make a final response, gives reasons for the further delay and indicates when it expects to be able to provide a final response; and
(b) informs the complainant that he may refer the complaint to the Financial Ombudsman Service if he is dissatisfied with the delay and encloses a copy of the Financial Ombudsman Service's explanatory leaflet.
- 01/09/2003
Firms with two-stage complaints procedures
DISP 1.4.9
See Notes
Where, within eight weeks of receiving a complaint, the firm sends the complainant a written response which:
(1) offers redress (whether or not it accepts the complaint) or rejects the complaint and gives reasons for doing so;
(2) informs the complainant how to pursue his complaint with the firm if he remains dissatisfied;
(3) refers to the ultimate availability of the Financial Ombudsman Service if he remains dissatisfied with the firm's response; and
(4) indicates that it will regard the complaint as closed if it does not receive a reply within eight weeks;
the firm is not obliged to continue to comply with DISP 1.4.4 R or DISP 1.4.5 G unless the complainant indicates that he remains dissatisfied, in which case, the obligation to comply with DISP 1.4.5 G resumes.- 01/04/2002
DISP 1.4.10
See Notes
If the complainant takes more than a week to reply to a written response of the kind described in DISP 1.4.9 R, the additional time in excess of a week will not count for the purposes of the time limits in DISP 1.4.4 R - DISP 1.4.6 R.
- 01/04/2002
DISP 1.4.11
See Notes
(1)
DISP 1.4.9 R caters for the situation where a firm's complaints procedures provide for a complainant who is dissatisfied with the firm's response to refer the complaint back to the firm again or to the firm's head office before a final response is issued.
(2) Such firms are subject to the time limits in DISP 1.4.4 R to DISP 1.4.6 R in the same way as any other firm. However, DISP 1.4.9 R recognises that some complainants may never respond to a firm or may take a long time to do so.
(3) Provided that the firm has sent a letter which complies with the conditions in DISP 1.4.9 R within eight weeks of receiving the complaint:
(b) if the complainant does not reply within eight weeks of the firm's letter, DISP 1.5.7 R(3) enables the firm to treat the complaint as a closed complaint for the purposes of the reporting requirement in DISP 1.5.4 R;
(c) if the complainant does reply (within or after eight weeks), the firm is required to continue to comply with DISP 1.4.5 G, and the time limits in DISP 1.4.5 G therefore resume. But DISP 1.4.10 R allows the firm to discount, for the purposes of the time limits in DISP 1.4.4 R to DISP 1.4.6 R, any time in excess of a week taken by the complainant to reply.
- 01/04/2002
The final response
DISP 1.4.12
See Notes
When a firm sends a complainant its final response, the final response must:
(1) inform the complainant that he may refer the complaint to the Financial Ombudsman Service if he is dissatisfied with the final response and that he must do so within six months; and
(2) enclose a copy of the Financial Ombudsman Service's explanatory leaflet (unless it has already done so under DISP 1.4.5 G(2)(b)).
- 01/04/2002
DISP 1.4.13
See Notes
Copies of the Financial Ombudsman Service's explanatory leaflet may be reproduced under licence or can be obtained from the Financial Ombudsman Service.
- 01/04/2002
DISP 1.4.14
See Notes
Under DISP 1.4.5 G and DISP 1.4.6 R:
(1) a complainant can refer his complaint to the Financial Ombudsman Service if he receives a final response with which he is dissatisfied or the firm has had at least eight weeks to resolve the complaint and has failed to do so in that time; the complainant may decide whether to give the firm more time before exercising any right he may have to refer a complaint to the Financial Ombudsman Service;
(2) the six month time limit within which a complainant must refer a complaint to the Financial Ombudsman Service begins at the date when the final response is sent by the firm.
- 01/04/2002
Complaints subject to the FSAVC review
DISP 1.4.15
See Notes
DISP 1.4.1 R to DISP 1.4.14 G and DISP 1.5.1 R and DISP 1.5.4 R do not apply where the complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000.
- 01/04/2002
DISP 1.4.16
See Notes
Where DISP 1.4.15 R applies, the firm must, if the complainant remains dissatisfied on completion of that review, treat that expression of dissatisfaction as a complaint and comply with DISP 1.4.1 R, DISP 1.4.14 G, DISP 1.5.1 R and DISP 1.5.4 R.
- 01/04/2002
DISP 1.4.17
See Notes
The effect of DISP 1.4.15 R is to relieve the firm of the obligation to comply with the requirements and time limits for replying to complainants, and the record-keeping and reporting requirements in DISP 1.5.1 R and DISP 1.5.4 R, where a complaint is subject to the FSAVC review. However, if a complainant remains dissatisfied with the outcome of the review, DISP 1.4.16 R requires the firm to treat this as a complaint and comply with these requirements just as it would in respect of any other complaint. Firms are therefore required to record and report such complaints only where they receive a complaint about the outcome of the review.
- 01/04/2002
DISP 1.5
Record keeping and reporting
- 01/12/2004
Making and retaining records of complaints
DISP 1.5.1
See Notes
- 01/04/2002
DISP 1.5.2
See Notes
The records required by DISP 1.5.1 R are for the purposes of monitoring by the FSA and also to ensure that the firm is able to cooperate, as necessary, with the Financial Ombudsman Service. They should include:
(1) the name of the complainant;
(2) the substance of the complaint; and
- 01/04/2002
DISP 1.5.3
See Notes
DISP 4.2.3 R covers record keeping by VJ participants.
- 01/04/2002
Reporting complaints to the FSA
DISP 1.5.4
See Notes
A firm must provide the FSA, twice a year, with a report in the format set out in DISP 1 Annex 1R which contains (for the relevant reporting period) information about:
(1) the total number of complaints subject to DISP 1.4 to DISP 1.6 received by the firm, broken down according to the categories and in respect of each of the generic product types described in DISP 1 Annex 1R which are relevant to the firm;
- 01/12/2002
DISP 1.5.5
See Notes
Where a complaint could fall into more than one category, the complaint should be recorded in the category which the firm considers to form the main part of the complaint.
- 01/04/2002
DISP 1.5.6
See Notes
For the purposes of DISP 1.5.4 R:
(1) the relevant reporting periods are from 1 April to 30 September and from 1 October to 31 March each year; and
- 01/04/2002
Reporting: when is a complaint closed?
DISP 1.5.7
See Notes
For the purpose of DISP 1.5.4 R (2), a closed complaint is a complaint:
(2) where the complainant has indicated in writing acceptance of the firm's earlier response; or
(3) where DISP 1.4.9 R applies, provided that the complainant has not responded to the firm within eight weeks of the written response referred to in that rule.
- 01/04/2002
DISP 1.5.8
See Notes
Where a complaint is reported as closed under DISP 1.5.7 R (3) because the complainant has not replied to the firm within eight weeks of a written response which meets the requirements in DISP 1.4.9 R, the firm may treat the date of that response as the date when the complaint was closed for the purposes of the reporting requirements in DISP 1.5.4 R (2).
- 01/04/2002
Reporting: complaints subject to the FSAVC review
DISP 1.5.9
See Notes
Where a complaint is subject to the FSAVC review, the record keeping and reporting requirements in DISP 1.5.1 R and DISP 1.5.4 R apply only where the complainant is dissatisfied with the outcome of that review (under DISP 1.4.15 R and DISP 1.4.16 R).
- 01/04/2002
Method of submission of reports
DISP 1.5.10
See Notes
A report under this section must be given or addressed, and delivered, in the way set out in SUP 16.3.6 R - SUP 16.3.16 G (General provisions on reporting), except that:
- 01/10/2002
DISP 1.5.10A
See Notes
A firm that has started but intends to stop submitting reports in electronic format under DISP 1.5.10 R (2) must first notify the Contact, Revenue and Information Management of the FSA in writing of this intention.
- 01/10/2002
Failure of electronic submission
DISP 1.5.10B
See Notes
If a firm is unable to submit a report in electronic format because of a systems failure of any kind, the firm must:
(1) submit its report under this section through one of the alternative methods of submission or reports in SUP 16.3.9 R; and
(2) notify the FSA, in writing and without delay, of that systems failure.
- 01/10/2002
Notification of contact point for complainants
DISP 1.5.11
See Notes
For the purpose of inclusion in the public record maintained by the FSA, a firm must:
(1) provide the FSA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and
(2) notify the FSA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under DISP 1.5.4 R.
- 01/10/2002
DISP 1.5.12
See Notes
The contact point can be by name, job title or department and may include, for example, a helpline telephone number.
- 01/10/2002
DISP 1.6.1
See Notes
- 01/04/2002
DISP 1.6.2
See Notes
- 01/04/2002
DISP 1.7
The Society of Lloyd's
- 01/12/2004
DISP 1.7.1
See Notes
- 01/04/2002
DISP 1.7.2
See Notes
- 01/04/2002
DISP 1.7.3
See Notes
The Society of Lloyd's must take reasonable steps to ensure that complaints by policyholders against members of the Society are dealt with under the procedures in DISP 1.7.1 R and that members comply with the requirements of those procedures.
- 01/04/2002
DISP 1.7.4
See Notes
A complaint by a policyholder against a member of the Society of Lloyd's may not be referred to the Financial Ombudsman Service until after the internal procedures in DISP 1.7.1 R have been completed or until after the end of eight weeks from receipt of the complaint, whichever is the earlier.
- 01/04/2002
DISP 1.7.5
See Notes
Notices under DISP 1.1.7 R must be given to the FSA by the Society of Lloyd's on behalf of any member eligible for an exemption under that rule.
- 01/04/2002
DISP 1.7.6
See Notes
The Society of Lloyd's must notify the FSA if the conditions in DISP 1.1.7 R no longer apply to a member who is exempt.
- 01/04/2002
DISP 1.7.7
See Notes
The report in DISP 1.5.4 R must be provided by the Society of Lloyd's and must cover all complaints by policyholders against members falling with the scope of DISP 1.5.4 R.
- 01/04/2002
DISP 1.7.8
See Notes
Each member of the Society of Lloyd's is individually subject to the rules in DISP 1 as a result of the insurance market direction given in
LLD 6.2.1 D
under section 316 of the Act (Direction by Authority).
- 01/04/2002
DISP 1.7.9
See Notes
However, the Society of Lloyd's operates a two-tier internal complaints handling procedure, currently set out in the "Code for Underwriting agents: UK Personal Lines Claims and Complaints Handling". Under this procedure, complaints by policyholders against members of the Society are considered by the managing agent and then, if necessary, by the Society of Lloyd's in-house Complaints Department. This procedure (and any procedure that may replace it) will be subject to the requirements in DISP 1.
- 01/04/2002
DISP 1.7.10
See Notes
Members will individually comply with DISP 1 if and only if all complaints by policyholders against members are dealt with under the internal procedure established by the Society of Lloyd's for handling those complaints, provided that this procedure complies with DISP. Accordingly, certain of the obligations under DISP 1, for example the obligation to report on complaints received and the obligation to pay fees under
DISP 5
, must be complied with by the Society on behalf of members. Managing agents will not have to make a separate report to the FSA on complaints reported under DISP 1.7.7 R.
- 01/04/2002
DISP 1.7.11
See Notes
A members' adviser must establish and maintain effective arrangements for handling any complaint from a member of the Society of Lloyd's regarding advice given to the member in connection with the acquiring or disposing of syndicate participation.
- 01/04/2002
DISP 1.7.12
See Notes
Complaints from members of the Society of Lloyd's regarding the activities of members' advisers, which cannot be resolved by the members' adviser, cannot be referred to the Financial Ombudsman Service. (See LLD (the Lloyd's sourcebook), for further information concerning complaints by members of the Society of Lloyd's.)
- 01/04/2002
DISP 1 Annex 1
Complaints return form
- 01/12/2004
See Notes
Complaints return form
This annex consists only of one or more forms. Forms are to be found through the following address:
Complaints return form - DISP 1 Annex 1 R
This annex consists only of one or more forms. Forms are to be found through the following address:
Complaints return form - DISP 1 Annex 1 R
- 01/12/2002