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DISP 2.3 To which activities does the Compulsory Jurisdiction apply?

7Activities by firms

DISP 2.3.1RRP

7The 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. (1A)

    payment services;7

  3. (2)

    consumer credit activities;

  4. (3)

    lending money secured by a charge on land;

  5. (4)

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

  6. (5)

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

  7. (6)

    providing ancillary banking services;

or any ancillary activities, including advice, carried on by the firm in connection with them.629

7Activities by firms and unauthorised persons subject to a former scheme

DISP 2.3.2GRP

The Ombudsman can also consider under the Compulsory Jurisdiction:629

629
  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.

    7

Activities by payment service providers

DISP 2.3.2ARRP

7The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by a payment service provider in carrying on:

  1. (1)

    payment services; or

  2. (2)

    consumer credit activities;

or any ancillary activities, including advice, carried on by the payment service provider in connection with them.

Activities by electronic money issuers

DISP 2.3.2BRRP

930The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by an electronic money issuer in carrying on:

  1. (1)

    issuance of electronic money; or

  2. (2)

    consumer credit activities;

or any ancillary activities, including advice, carried on by the electronic money issuer in connection with them.

Consumer redress schemes

DISP 2.3.2CGRP

8As a result of section 404B(11) of the Act, the Ombudsman can also consider under the Compulsory Jurisdiction a complaint from a complainant who:

  1. (1)

    is not satisfied with a redress determination made by a respondent under a consumer redress scheme; or

  2. (2)

    considers that a respondent has failed to make a redress determination in accordance with a consumer redress scheme.

General

DISP 2.3.3GRP

Complaints about acts or omissions include those7 in respect of activities for which the firm,930 payment service provider 7 or electronic money issuer930 is responsible (including business of any appointed representative or agent7 for which the firm,930 payment institution 7 or electronic money institution930 has accepted responsibility).629

77
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.629

DISP 2.3.5GRP

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.