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

DISP App 1.1 Application and Purpose

Application

DISP App 1.1.1GRP

This appendix applies to firms, to FOS Ltd, to the Ombudsman and to those who might wish to refer a complaint to the Financial Ombudsman Service in respect of relevant existing complaints.

DISP App 1.1.2GRP

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.

Purpose

DISP App 1.1.3GRP

DISP 2 to DISP 5 apply to firms, to the Ombudsman and to FOS Ltd in respect of relevant existing complaints, except as stated in this appendix.

DISP App 1.1.4GRP

The purpose of this appendix is to describe how FOS Ltd must handle relevant existing complaints (that is, the partly completed complaints which it inherits from the former schemes at commencement under the Ombudsman Transitional Order). Complaints which firms (as opposed to the former schemes) have partly completed at commencement will be handled as described in DISP 1 (Complaint handling procedures for firms) (see, in particular, DISP 1.4.6 R).

DISP App 1.1.5GRP

Relevant existing complaints will be referred by the former schemes to FOS Ltd for completion at commencement. Article 2 of the Ombudsman Transitional Order provides that FOS Ltd will complete the handling of these cases, but requires that, in a significant number of respects, it must do this in accordance with the requirements of the relevant former scheme.

DISP App 1.1.6GRP

This appendix describes the ways in which FOS Ltd is required to treat these complaints differently from the other complaints which are subject to DISP 1 to DISP 5. Apart from these exceptions, the rules in DISP 2 to DISP 5 and the statutory provisions in sections 225-234 of the Act apply as they do to other complaints.