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 (or of any other firm with whom that firm has some connection in marketing financial services)3 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).