- (1) 202210
- (1C) 14
- (2) 1131
lending money secured by a charge on land;
- (4) 1131
- (5) 1131
providing ancillary banking services;
17For the purposes of DISP 2.3.1AR, the Ombudsman can consider a complaint about an act carried out by a MiFID investment firm that is preparatory to the provision of an investment service or ancillary service which is an integral part of such a service. This includes, for example, generic advice given by a MiFID investment firm to a client prior to, or in the course of, the provision of investment advice or another investment service or ancillary service.
[Note: recitals 15 and 16 of the MiFID Org Regulation]
as a result of the Ombudsman Transitional Order, a relevant existing complaint or a relevant new complaint that relates to an act or omission by a firm or an unauthorised person which was subject to a former scheme immediately before commencement;21
as a result of the Mortgages and General Insurance Complaints Transitional Order, a relevant transitional complaint that relates to an act or omission by a firm (or an unauthorised person that ceased to be a firm after the relevant commencement date) which was subject to a former scheme at the time of the act or omission; or21
as a result of the Claims Management Order, a relevant claims management complaint that relates to an act or omission by a firm or an unauthorised person which was subject to a former scheme at the time of the act or omission;21
24as a result of the Funeral Plans Order, a relevant transitional funeral plan complaint that relates to an act or omission by a firm or unauthorised person which was subject to a former scheme at the time of the act or omission.26
the complaint could have been dealt with under the Consumer Credit Jurisdiction (disregarding whether the complainant would have been eligible under rules made for the purposes of the Consumer Credit Jurisdiction and whether the complaint would have fallen within a description specified in those rules) but for the repeal of section 226A of the Act; and
or any ancillary activities, including advice, carried on by the payment service provider in connection with them.
or any ancillary activities, including advice, carried on by the electronic money issuer in connection with them.
the activity of providing credit information under the Small and Medium Sized Business (Credit Information) Regulations; or
any ancillary activities, including advice, carried on by the designated credit reference agency in connection with the activity in (1).
the activity of providing specified information under the Small and Medium Sized Business (Finance Platforms) Regulations; or
any ancillary activities, including advice, carried on by the designated finance platform in connection with the activity in (1).
Complaints about acts or omissions include those7 in respect of activities for which the firm,930payment service provider7, 14electronic money issuer,15CBTL firm,16designated credit reference agency15 or designated finance platform16 is responsible (including business of any appointed representative or agent7 for which the firm,930payment institution,15electronic money institution,16designated credit reference agency15 or designated finance platform16 has accepted responsibility).6297 7 14 9 30 14 7 9 30
7The Compulsory Jurisdiction includes complaints about the UK end of 'one leg' payment services transactions, i.e. services provided from UK establishments that also involve a payment service provider located outside the EEA. The Compulsory Jurisdiction also includes complaints about payment services irrespective of the currency of the transaction.
25Schedule 6A to the Act sets out a procedure to enable the FCA to cancel or vary the Part 4A permission of a person who, it appears to the FCA, is not carrying on the regulated activity to which the Part 4A permission relates. In some cases, this may result in the person no longer being a respondent following cancellation of all their Part 4A permissions. Paragraph 5 of Schedule 6A to the Act sets out a procedure for the subsequent annulment of the decision to cancel or vary the person’s Part 4A permission in specified circumstances where the FCA is satisfied that it is just and reasonable to do so. Where the FCA grants an application for annulment, either with conditions or unconditionally, paragraph 6 of Schedule 6A to the Act sets out its effect, which includes that the cancellation or variation of the Part 4A permission is treated as if it had never taken place. As a result of the effect of the annulment, the person may therefore be a respondent for the purposes of any complaints which arise during the period in which the person’s Part 4A permission was cancelled or varied.