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Status: You are viewing the version of the handbook as on 2018-04-01.

DISP 2.1 Purpose, interpretation and application

Purpose

DISP 2.1.1GRP

The purpose of this chapter is to set out rules and guidance on the scope of the Compulsory Jurisdiction and the Voluntary Jurisdiction, which are the Financial Ombudsman Service's two 816jurisdictions:

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  1. (1)

    the Compulsory Jurisdiction is not restricted to regulated activities,715 payment services 6 , 9 issuance ofelectronic money, 715 and CBTL business 9 and covers:

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    1. (a)

      certain complaints against firms (and businesses which were firms at the time of the events complained about);

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    2. (b)

      relevant complaints against former members of former schemes under the Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order;

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    3. (c)

      relevant credit-related complaints against businesses which were, at the time of the events complained about, covered by a standard licence under the Consumer Credit Act 1974, or formerly authorised to carry on an activity by virtue of section 34(A) of that Act, in accordance with article 11 of the Regulated Activities Amendment Order;11816

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    4. (d)

      certain complaints against designated credit reference agencies under the Small and Medium Sized Business (Credit Information) Regulations; and11

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    5. (e)

      11certain complaints against designated finance platforms under the Small and Medium Sized Business (Finance Platforms) Regulations;

  2. (2)

    [deleted]816

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  3. (3)

    the Voluntary Jurisdiction covers certain complaints against VJ participants, including in relation to events before they joined the Voluntary Jurisdiction.414

DISP 2.1.2GRP

Relevant complaints covered by the Compulsory Jurisdiction comprise:

414
  1. (1)

    relevant existing complaints referred to a former scheme before commencement and inherited by the Financial Ombudsman Service under the Ombudsman Transitional Order;

  2. (2)

    relevant new complaints about events before commencement but referred to the Financial Ombudsman Service after commencement under the Ombudsman Transitional Order;

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  3. (3)

    relevant transitional complaints referred to the Financial Ombudsman Service after the relevant commencement date under the Mortgages and General Insurance Complaints Transitional Order; 4 14

  4. (4)

    relevant existing credit-related complaints referred to the Financial Ombudsman Service before 1 April 2014 which were formerly being dealt with under the Consumer Credit Jurisdiction and which are to be dealt with under the Compulsory Jurisdiction in accordance with article 11 of the Regulated Activities Amendment Order; and816

  5. (5)

    relevant new credit-related complaints about events which took place before 1 April 2014 but referred to the Financial Ombudsman Service on or after 1 April 2014 which are to be dealt with under the Compulsory Jurisdiction in accordance with article 11 of the Regulated Activities Amendment Order.816

DISP 2.1.3GRP

The Ombudsman Transitional Order requires the Financial Ombudsman Service to complete the handling of relevant existing complaints, in a significant number of respects, in accordance with the requirements of the relevant former scheme rather than in accordance with the requirements of this chapter.414

Interpretation

DISP 2.1.4GRP

In this chapter, carrying on an activity includes:414

414
  1. (1)

    4 14 offering, providing or failing to provide a service in relation to an activity;414

  2. (2)

    administering or failing to administer a service in relation to an activity; and414

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  3. (3)

    the manner in which a respondent has administered its business, provided that the business is an activity subject to the Financial Ombudsman Service's jurisdiction.414

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Purpose

DISP 2.1.5GRP

In this chapter, ancillary banking services include, for example, the provision and operation of cash machines, foreign currency exchange, safe deposit boxes and account aggregation services (services where details of accounts held with different financial service providers can be accessed by a single password).4 14

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Application

DISP 2.1.6RRP

414This chapter applies to the Ombudsman and to respondents.

DISP 2.1.7DRP

4 14Part XVI of the Act (The Ombudsman Scheme), particularly section 226 (Compulsory jurisdiction),5 applies to members of theSociety of Lloyd's5 in respect of the regulated activities of effecting or carrying out contracts of insurance written at Lloyd's.

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