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Status: You are viewing the version of the handbook as on 2009-03-31.

DISP 2.3 To which activities does the Compulsory Jurisdiction apply?

DISP 2.3.1RRP

The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by a firm in carrying on one or more of the following activities:

  1. (1)

    regulated activities ;

  2. (2)

    consumer credit activities;

  3. (3)

    lending money secured by a charge on land;

  4. (4)

    lending money (excluding restricted credit where that is not a consumer credit activity );

  5. (5)

    paying money by a plastic card (excluding a store card where that is not a consumer credit activity );

  6. (6)

    providing ancillary banking services;

or any ancillary activities, including advice, carried on by the firm in connection with them.624

DISP 2.3.2GRP

The Ombudsman can also consider under the Compulsory Jurisdiction:624

624
  1. (1)

    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; or

  2. (2)

    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;

provided that:

  1. (3)

    the act or omission occurred in the carrying on by that firm or unauthorised person of an activity to which that former scheme applied; and

  2. (4)

    the complainant is eligible and wishes to have the complaint dealt with by the Ombudsman.

DISP 2.3.3GRP

Complaints about acts or omissions by a firm include complaints about acts or omissions in respect of activities for which the firm is responsible (including business of any appointed representative for which the firm has accepted responsibility).624

DISP 2.3.4RRP

A complaint about an authorised professional firm cannot be handled under the Compulsory Jurisdiction of the Financial Ombudsman Service if it relates solely to a non-mainstream regulated activity and can be handled by a designated professional body.624

DISP 2.3.5GRP

[deleted]

624