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DISP 2.5 To which activities does the Voluntary Jurisdiction apply?

DISP 2.5.1RRP

The Ombudsman can consider a complaint under the Voluntary Jurisdiction if:426

  1. (1)

    it is not covered by the Compulsory Jurisdiction or the Consumer Credit Jurisdiction; and

    426
  2. (2)

    it relates to an act or omission by a VJ participant in carrying on one or more of the following activities:

    1. (a)

      an activity carried on after 28 April 1988 which:

      1. (i)

        was not a regulated activity at the time of the act or omission, but

      2. (ii)

        was a regulated activity when the VJ participant joined the Voluntary Jurisdiction (or became an authorised person, if later);

    2. (b)

      a financial services activity carried on after commencement by a VJ participant which was covered in respect of that activity by a former scheme immediately before the commencement day;

    3. (c)

      activities which (at 22 July 2013)29 would be covered by the Compulsory Jurisdiction,29 if they were carried on from an establishment in the United Kingdom (these activities are listed in DISP 2 Annex 1G);

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    4. (d)

      activities which would be consumer credit activities if they were carried on from an establishment in the United Kingdom;27

    5. (e)

      lending money secured by a charge on land;

    6. (f)

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

    7. (g)

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

    8. (h)

      providing ancillary banking services;

    9. (i)

      acting as an intermediary for a loan secured by a charge over land;

    10. (j)

      acting as an intermediary for general insurance business or long-term insurance business;

    11. (k)

      National Savings and Investments' business;

    12. (l)

      [deleted]29

      29
    13. (m)

      [deleted]29

      29

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

426
DISP 2.5.2GRP

The scope of the Voluntary Jurisdiction is wider than that of the Compulsory Jurisdiction, and so some activities are referred to in both jurisdictions.

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DISP 2.5.3GRP

DISP 2.5.1R (2)(a)is for those that are subject to the Compulsory Jurisdiction for regulated activities but are not covered by the Ombudsman Transitional Order or the Mortgage and General Insurance Complaints Transitional Order. It enables the Financial Ombudsman Scheme to cover complaints about earlier events relating to those activities before they became regulated activities.426

2426
DISP 2.5.4GRP

DISP 2.5.1R (2)(b) is for those that were members of one of the former schemes replaced by the Financial Ombudsman Service immediately before commencement. It enables the Financial Ombudsman Service 5 to cover complaints that arise out of acts or omissions occurring after commencement for any activities which are not covered by the Compulsory Jurisdiction but that would have been covered by the relevant former scheme.426

5
DISP 2.5.4AGRP

6DISP 2.5.1R (2)(l) includes complaints about the EEA end of 'one leg' payment services transactions, i.e. services provided from EEA establishments that are subject to the territorial jurisdiction of the Voluntary Jurisdiction (see DISP 2.6.4R (2)) that also involve a payment service provider located outside the EEA. It also includes complaints about payment services irrespective of the currency of the transaction.

DISP 2.5.5RRP

426The Voluntary Jurisdiction covers an act or omission that occurred before the VJ participant was participating in the Voluntary Jurisdiction, and whether the act or omission occurred before or after commencement, either:

  1. (1)

    if the complaint could have been dealt with under a former scheme; or

  2. (2)

    under the agreement by the VJ participant in the Standard Terms.