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Status: You are viewing the version of the handbook as on 2005-06-30.

DISP 3.1 Application and Purpose

Application

DISP 3.1.1GRP

This chapter applies to the Ombudsman and to firms.

DISP 3.1.2RRP

It is also relevant to those who might wish to refer a complaint to the Financial Ombudsman Service.

DISP 3.1.3RRP

VJ participants are subject to the rules in this chapter by contract under the standard terms (see DISP 4).

DISP 3.1.4GRP

Except as otherwise specified, references in this chapter to a "complaint" include:

  1. (1)

    a relevant new complaint and a relevant transitional complaint; and2

  2. (2)

    part of a complaint or a relevant new complaint or a relevant transitional complaint.21

DISP 3.1.5RRP

References in this chapter to "firms" are to be construed, where relevant, as including:

  1. (1)

    in accordance with the Ombudsman Transitional Order, unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints; and

  2. (2)

    as a result of section 226 of the Act, unauthorised persons who were formerly firms in respect of complaints about acts or omissions which occurred at the time when they were firms, provided that the Compulsory Jurisdiction rules were in force in relation to the activity in question.

DISP 3.1.6G

The Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order provide, with some exceptions (see DISP 2.2.2 G and DISP 2.2.2A G (scope of Compulsory Jurisdiction and Relevant transitional complaints), DISP 2.2.3 G (time limits), DISP 2.4.14 G and DISP 2.4.15 G (eligible complainant) and DISP 3.8.2 G and DISP 3.8.2A GDISP 3.8 (determinations), for relevant new complaints and relevant transitional complaints to be determined in accordance with the requirements of the Financial Ombudsman Service.2

Purpose

DISP 3.1.7G

The purpose of this chapter is to set out the way in which the Financial Ombudsman Service and, in particular, the Ombudsman, will operate to ensure that complaints may be resolved quickly and with minimum formality. It sets out the procedures for the investigation and consideration of complaints, including the circumstances in which a complaint may be terminated without consideration of its merits; the evidence which may be required or admitted; the provisions for fixing and extending time limits for different aspects of the proceedings; the factors which the Ombudsman will take into account in determining what is fair and reasonable; the types of loss or damage for which the Ombudsman can award compensation; the limits on awards and the costs that can be awarded.