To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:
- (1) 614
- (2) 5614
5in relation to a payment service, in the information on out-of-court complaint and redress procedures required to be provided or made available under regulations 43(2)(e)12 (Information required prior to the conclusion of a single payment service contract) or 4812 (Prior general information for framework contracts) of the Payment Services Regulations; or
in relation to CBTL arrangers, in the information on registering complaints internally and out-of-court complaint and redress procedures provided under article 7(1)(h) of Schedule 2 to the MCD Order; or9
otherwise, in writing at, or immediately after, the point of sale ; and12815
- (3) 614
provide information to eligible complainants, in a clear, comprehensible and easily accessible way, about the Financial Ombudsman Service including the Financial Ombudsman Service's website address:815
may be met at, or immediately after, the point when contact is first made with an eligible complainant, by making an oral reference to the availability of the information if the respondent does not communicate with the eligible complainant in writing then; and11
If an MCD credit intermediary has, before or at the point of sale, provided an eligible complainant with appropriate information in a durable medium about their internal procedures for the reasonable and prompt handling of complaints pursuant to another rule, the MCD credit intermediary need not refer to the availability of that information again under DISP 1.2.1R(2)(b).
12To the extent that it applies to an EMD complaint or a PSD complaint, the information specified in DISP 1.2.1R must be available in an official language of each such EEA State where the respondent offers payment services or issues electronic money, or in another language if agreed between the respondent and the payment service user or electronic money holder.
[Note: article 101 of the Payment Services Directive]
(where the complaint falls within the jurisdiction of the Financial Ombudsman Service)7 that, if the complaint is not resolved, the complainant may be entitled to refer it to the Financial Ombudsman Service.
branches and sales offices to which eligible complainants have access; or
marketing literature or correspondence directed at eligible complainants;
provided it is done in a way which is not misleading.