DISP 2.3 To which activities does the Compulsory Jurisdiction apply?
7Activities by firms
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)
regulated activities (other than auction regulation bidding );10
- (1A)
- (2)
- (3)
lending money secured by a charge on land;
- (4)
lending money (excluding restricted credit where that is not a consumer credit activity );
- (5)
paying money by a plastic card (excluding a store card where that is not a consumer credit activity );
- (6)
providing ancillary banking services;
or any ancillary activities, including advice, carried on by the firm in connection with them.630
7Activities by firms and unauthorised persons subject to a former scheme
The Ombudsman can also consider under the Compulsory Jurisdiction:630
630- (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)
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:
- (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
- (4)
the complainant is eligible and wishes to have the complaint dealt with by the Ombudsman.
7
Activities by payment service providers
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)
payment services; or
- (2)
or any ancillary activities, including advice, carried on by the payment service provider in connection with them.
Activities by electronic money issuers
931The 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)
issuance of electronic money; or
- (2)
or any ancillary activities, including advice, carried on by the electronic money issuer in connection with them.
Consumer redress schemes
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)
is not satisfied with a redress determination made by a respondent under a consumer redress scheme; or
- (2)
considers that a respondent has failed to make a redress determination in accordance with a consumer redress scheme.
General
Complaints about acts or omissions include those7 in respect of activities for which the firm,931 payment service provider 7 or electronic money issuer931 is responsible (including business of any appointed representative or agent7 for which the firm,931 payment institution 7 or electronic money institution931 has accepted responsibility).630
77A 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.630
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.