DISP 1.3 Internal complaint handling procedures: additional requirements
DISP 1.4 - DISP 1.6contain additional requirements, concerning time limits, record keeping and reporting and cooperation with the Ombudsman, for handling complaints, unless DISP 1.3.3 R applies.
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.2
DISP 1.4 - DISP 1.51 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
- (a)
- (2)
where the complaint has been resolved by close of business on the business day following its receipt.
1In 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.
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 1.2
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).