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DISP 1.2 Consumer awareness rules

5Publishing and providing summary details, and information about the Financial Ombudsman Service814

DISP 1.2.1R

To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:

  1. (1)

    publish appropriate information regarding their internal procedures for the reasonable and prompt handling of complaints;613

    613
  2. (2)

    refer eligible complainants to the availability of this information:613 5

    5613
      5
    1. (a)

      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 36(2)(e) (Information required prior to the conclusion of a single payment service contract) or 40 (Prior general information for framework contracts) of the Payment Services Regulations; or

    2. (aa)

      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; or

      9
    3. (b)

      otherwise, in writing at, or immediately after, the point of sale;

      814
  3. (3)

    provide such information in writing and free of charge613 to eligible complainants:

    613
    1. (a)

      on request; and

    2. (b)

      when acknowledging a complaint; and814

  4. (4)

    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:814

    1. (a)

      on the respondent's website, where one exists; and814

    2. (b)

      if applicable, in the general conditions of the respondent's contract with the eligible complainant.814

[Note: article 15 of the UCITS Directive, article 13(2) of the ADR Directive article 14(1) of the ODR Regulation, and regulation 19 of the ADR Regulations.1015]7814

1015
DISP 1.2.2R

Where the activity does not involve a sale, the obligation in DISP 1.2.1R(2)(b):11

  1. (1)

    shall apply at, or immediately after, the point when contact is first made with an eligible complainant; and11

  2. (2)

    where the respondent is a not-for-profit debt advice body:11

    1. (a)

      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

    2. (b)

      must be met in writing on the first occasion on which the respondent communicates with the eligible complainant in writing.11

DISP 1.2.2AR

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).

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5Content of summary details

DISP 1.2.3G

The814 summary details concerning internal complaints handling procedures 814should cover at least:

814
  1. (1)

    how the respondent fulfils its obligation to handle and seek to resolve relevant complaints; and

  2. (2)

    (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.

DISP 1.2.4G

Those814 summary details may be set out in a leaflet, and their availability may be referred to in contractual documentation.

814

5Financial Ombudsman Service logo

DISP 1.2.5G

Respondents may also display or reproduce the Financial Ombudsman Service logo (under licence) in:

  1. (1)

    branches and sales offices to which eligible complainants have access; or

  2. (2)

    marketing literature or correspondence directed at eligible complainants;

provided it is done in a way which is not misleading.

DISP 1.2.5AG

7DISP 1.2.5 G does not apply to a branch of a UK UCITS management company in another EEA State.