DISP INTRO 1 Introduction
This part of the Handbook sets out how complaints are to be dealt with by respondents (firms, payment service providers,2 licensees and VJ participants) and the Financial Ombudsman Service.
It refers to relevant provisions in the Act and in transitional provisions made by the Treasury under the Act. It includes rules made by the FSA and rules made (and standard terms set) by FOS Ltd with the consent or approval of the FSA. Schedule 4 specifies the sections of the Act under which the rules in this sourcebook are made.114
The powers to make rules (or set standard terms) relating to firms, payment service providers,2 licensees and VJ participants derive from various legislative provisions; but the rules (and standard terms) have been co-ordinated to ensure that they are identical, wherever possible. 114
Chapter 1: Treating complainants fairly
DISP 1 contains rules and guidance on how respondents should deal with complaints promptly and fairly, including complaints that could be referred to the FOS. Some of these rules also apply to certain branches of firms elsewhere in the EEA.
Chapters 2 - 4: The Financial Ombudsman Service
Chapters 2, 3 and 4 set out how the Financial Ombudsman Service (operated by FOS Ltd) considers unresolved complaints.
Chapter 2 sets out the scope of the Financial Ombudsman Service's three jurisdictions:
- the Compulsory Jurisdiction;
- the Consumer Credit Jurisdiction; and
- the Voluntary Jurisdiction.
The scope of the threejurisdictions is defined by: the type of activity to which the complaint relates; the place where the activity took place; the eligibility of the complainant; and the time limits for referring a complaint to the Financial Ombudsman Service.
Chapter 3 sets out the procedures of the Financial Ombudsman Service, including consideration and determination of complaints and how the Financial Ombudsman Service deals with information received.
Chapter 4 sets out the terms under which VJ participants participate in the Voluntary Jurisdiction.
Appendix 1: FSA's guidance on handling mortgage-endowment complaints
This appendix contains the FSA's guidance to firms on handling complaints relating to mortgage endowments.
3Appendix 3: FSA's rules and guidance on handling payment protection insurance complaints
This appendix sets out the approach which firms should use when handling complaints relating to the sale of payment protection contracts.
Financial Ombudsman Service fees
The rules on fees charged in respect of the Financial Ombudsman Service are in Chapter 5 of the Fees manual.