Related provisions for DISP 1.8.1

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DISP 2.3.1RRP
The 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 ;(2) consumer credit activities;(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)
DISP 2.3.2GRP
The Ombudsman can also consider under the Compulsory Jurisdiction:624624(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
DISP 2.3.4RRP
A complaint about an authorisedprofessional 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.624
DISP 3.7.1RRP
Where a complaint is determined in favour of the complainant, the Ombudsman's determination may include one or more of the following:16(1) a money award against the respondent; or1616(2) an interest award against the respondent; or1616(3) a costs award against the respondent; or1616(4) a direction to the respondent.16
DISP 3.7.2RRP
A money award may be such amount as the Ombudsman considers to be fair compensation for one or more of the following:(1) financial loss (including consequential or prospective loss); or(2) pain and suffering; or(3) damage to reputation; or(4) distress or inconvenience;whether or not a court would award compensation.16
DISP 3.7.3GRP
16Where the Ombudsman is determining what amount (if any) constitutes fair compensation as a money award in relation to a relevant new complaint or a relevant transitional complaint, the Ombudsman Transitional Order and the Mortgages and General Insurance Complaints Transitional Order require him to take into account what amount (if any) might have been expected to be awarded by way of compensation in relation to an equivalent complaint dealt with under the former scheme in question
DISP 3.7.6GRP
16If the Ombudsman considers that fair compensation requires payment of a larger amount, he may recommend that the respondent pays the complainant the balance.
DISP 3.7.9RRP
16A costs award may:(1) be such amount as the Ombudsman considers to be fair, to cover some or all of the costs which were reasonably incurred by the complainant in respect of the complaint; and(2) include interest on that amount at a rate and as from a date specified in the award.
DISP 3.7.10GRP
16In most cases complainants should not need to have professional advisers to bring complaints to the Financial Ombudsman Service, so awards of costs are unlikely to be common.
DISP 3.7.11RRP
16 A direction may require the respondent to take such steps in relation to the complainant as the Ombudsman considers just and appropriate (whether or not a court could order those steps to be taken).
DISP 1.1.1GRP
630This chapter contains rules and guidance on how respondents should deal promptly and fairly with complaints in respect of business carried on from establishments in the United Kingdom or by certain branches of firms in the EEA. It is also relevant to those who may wish to make a complaint or refer it to the Financial Ombudsman Service.
DISP 1.1.12RRP
(1) A firm falling within the Compulsory Jurisdiction which does not conduct business with eligible complainants and has no reasonable likelihood of doing so, can, by written notification to the FSA , claim exemption from the rules relating to the funding of the Financial Ombudsman Service, and from the remainder of this chapter.(2) Notwithstanding (1), the complaints handling rules and complaints record rule will continue to apply in respect of complaints concerning MiFID business.(3)
DISP 1.1.16GRP
Although licensees and VJ participants are not required to comply with the complaints record rule, it is in their interest to retain records of complaints so that these can be used to assist the Financial Ombudsman Service should it be necessary.
DISP 1.11.3RRP
The Society must take reasonable steps to ensure that complaints by policyholders against members of the Society are dealt with under the Lloyd's complaint procedures and that members comply with the requirements of those procedures.
DISP 1.11.4RRP
A complaint by a policyholder against a member of the Society may not be referred to the Financial Ombudsman Service until after the Lloyd's complaint procedures have been completed or until after the end of eight weeks from receipt of the complaint, whichever is the earlier.
DISP 1.11.9GRP
Members will individually comply with this chapter if and only if all complaints by policyholders against members are dealt with under the Lloyd's complaints procedures. Accordingly, certain of the obligations under this chapter, for example the obligation to report on complaints received and the obligation to pay fees under the rules relating to the funding of the Financial Ombudsman Service (FEES 5), must be complied with by the Society on behalf of members. Managing agents
DISP 1.11.11GRP
Complaints from members of the Society regarding the activities of members' advisers, which cannot be resolved by the members' adviser, cannot be referred to the Financial Ombudsman Service.
DISP 1.11.12GRP
The Financial Ombudsman Service is not able to deal with the complaints listed in DISP 1.11.13 R and separate rules and guidance are therefore required.
DISP 3.2.1RRP
The Ombudsman will have regard to whether a complaint is out of jurisdiction.26
DISP 3.2.2RRP
Unless the respondent has already had eight weeks to consider the complaint or issued a final response, the Ombudsman will refer the complaint to the respondent.26
DISP 3.2.3RRP
Where the respondent alleges that the complaint is out of jurisdiction, the Ombudsman will give both parties an opportunity to make representations before he decides.2615151526
DISP 3.2.4RRP
Where the Ombudsman considers that the complaint may be out of jurisdiction, he will give the complainant an opportunity to make representations before he decides.2626
DISP 3.2.5RRP
Where the Ombudsman then decides that the complaint is out of jurisdiction, he will give reasons for that decision to the complainant and inform the respondent.2626
DISP 3.2.6RRP
Where the Ombudsman then decides that the complaint is not out of jurisdiction, he will inform the complainant and give reasons for that decision to the respondent.26
DISP 3.5.3GRP
Where two or more complaints from one complainant relate to connected circumstances, the Ombudsman may investigate them together, but will issue separate provisional assessments and determinations in respect of each respondent.1515
DISP 3.5.9RRP
15The Ombudsman may:(1) exclude evidence that would otherwise be admissible in a court or include evidence that would not be admissible in a court;(2) accept information in confidence (so that only an edited version, summary or description is disclosed to the other party) where he considers it appropriate;(3) reach a decision on the basis of what has been supplied and take account of the failure by a party to provide information requested; and(4) dismiss a complaint if a complainant
DISP 3.5.13RRP
15The Ombudsman may fix (and extend) time limits for any aspect of the consideration of a complaint by the Financial Ombudsman Service.
DISP 3.5.14RRP
15If a respondent fails to comply with a time limit, the Ombudsman may:(1) proceed with consideration of the complaint; and(2) include provision for any material distress or material inconvenience caused by that failure in any award which he decides to make.
DISP 3.5.15RRP
15If a complainant fails to comply with a time limit, the Ombudsman may:(1) proceed with consideration of the complaint; or(2) dismiss the complaint.
DISP 2.8.1RRP
19The Ombudsman can only consider a complaint if:(1) the respondent has already sent the complainant its final response ; or(2) eight weeks have elapsed since the respondent received the complaint.
DISP 2.8.2RRP
19The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:(1) more than six months after the date on which the respondent sent the complainant its final response; or (2) more than: (a) six years after the event complained of; or (if later)(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;unless the complainant referred the complaint to
DISP 2.8.3GRP
19The six-month time limit is only triggered by a response which is a final response. A final response must tell the complainant about the six-month time limit that the complainant has to refer a complaint to the Financial Ombudsman Service.
DISP 1.6.2RRP
The respondent must, by the end of eight weeks after its receipt of the complaint, send the complainant:(1) a final response; or(2) a written response which:(a) explains why it is not in a position to make a final response and indicates when it expects to be able to provide one;(b) informs the complainant that he may now refer the complaint to the Financial Ombudsman Service; (c)
DISP 1.6.4RRP
DISP 1.6.2 R does not apply if the complainant has already indicated in writing acceptance of a response by the respondent, provided that the response:28(1) informed the complainant how to pursue his complaint with the respondent if he remains dissatisfied; 28(2) referred to the ultimate availability of the Financial Ombudsman Service if he remains dissatisfied with the respondent's response;28
DISP 1.6.6AGRP
28The information regarding the Financial Ombudsman Service required to be provided in responses sent under the complaints time limit rules (DISP 1.6.2 R, DISP 1.6.4 R and DISP 1.6.5 R) should be set out prominently within the text of those responses.
DISP 3.6.3GRP
Where a complainant makes complaints against more than one respondent in respect of connected circumstances, the Ombudsman may determine that the respondents must contribute towards the overall award in the proportion that the Ombudsman considers appropriate.16
DISP 3.6.5GRP
16Where the Ombudsman is determining what is fair and reasonable in all the circumstances of a relevant new complaint or a relevant transitional complaint, the Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order require him to take into account what determination the former Ombudsman might have been expected to reach in relation to an equivalent complaint dealt with under the former scheme in question immediately before the relevant
DISP 2.7.1RRP
A complaint may only be dealt with under the Financial Ombudsman Service if it is brought by or on behalf of an eligible complainant.121121
DISP 2.7.5GRP
If a respondent is in doubt about the eligibility of a business, charity or trust, it should treat the complainant as if it were eligible. If the complaint is referred to the Financial Ombudsman Service, the Ombudsman will determine eligibility by reference to appropriate evidence, such as audited accounts or VAT returns.121
DISP 2.7.8GRP
121In the Compulsory Jurisdiction, under the Ombudsman Transitional Order and the Mortgages and General Insurance Complaints Transitional Order, where a complainant:(1) wishes to have a relevant new complaint or a relevant transitional complaint dealt with by the Ombudsman; and(2) is not otherwise eligible; but(3) would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant transitional order came into effect;if the
DISP 1.4.2GRP
Factors that may be relevant in the assessment of a complaint under DISP 1.4.1R (2), include the following:(1) all the evidence available and the particular circumstances of the complaint;(2) similarities with other complaints received by the respondent;(3) relevant guidance published by the FSA , other relevant regulators, the Financial Ombudsman Service or former schemes; and(4) appropriate analysis of decisions by the Financial Ombudsman Service concerning similar complaints
DISP 1.4.3GRP
The respondent should aim to resolve complaints at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service.
DISP 1.4.4RRP
Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.1
DISP 2.5.1RRP
The Ombudsman can consider a complaint under the Voluntary Jurisdiction if:419(1) it is not covered by the Compulsory Jurisdiction or the Consumer Credit Jurisdiction; and419(2) it relates to an act or omission by a VJ participant in carrying on one or more of the following activities:(a) an activity carried on after 28 April 1988 which:(i) was not a regulated activity at the time of the act or omission, but(ii) was a regulated activity when the VJ participant joined the Voluntary
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 OmbudsmanScheme to cover complaints about earlier events relating to those activities before they became regulated activities.4192419
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 Service5 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.4195
DISP 1.2.1RRP
To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:(1) publish appropriate summary details of their internal process for dealing with complaints promptly and fairly; (2) refer eligible complainants in writingto the availability of these summary details at, or immediately after, the point of sale; and(3) provide such summary details in writing to eligible complainants:(a) on request; and(b) when acknowledging a complaint
DISP 1.2.3GRP
These summary details should cover at least:(1) how the respondent fulfils its obligation to handle and seek to resolve relevant complaints; and(2) that, if the complaint is not resolved, the complainant may be entitled to refer it to the Financial Ombudsman Service.
DISP 3.3.3GRP
Under the Ombudsman Transitional Order and the Mortgage and General Insurance Complaints Transitional Order, where the Ombudsman is dealing with a relevant complaint, he must take into account whether an equivalent complaint would have been dismissed without consideration of its merits under the former scheme in question, as it had effect immediately before the relevant transitional order came into effect.2929
DISP 3.3.4RRP
The Ombudsman may dismiss a complaint without considering its merits if he considers that:(1) the complainant has not suffered (or is unlikely to suffer) financial loss, material distress or material inconvenience; or(2) the complaint is frivolous or vexatious; or(3) the complaint clearly does not have any reasonable prospect of success; or(4) the respondent has already made an offer of compensation (or a goodwill payment) which is:(a) fair and reasonable in relation to the circumstances
DISP 3.8.1RRP
In dealing with information received in relation to the consideration of a complaint, the Financial Ombudsman Service will have regard to the parties' rights of privacy.24
DISP 3.8.2BRRP
24This does not prevent the Ombudsman disclosing information:(1) to the extent that he is required or authorised to do so by law; or(2) to the parties to the complaint; or(3) in his determination; or(4) at a hearing in connection with the complaint.
DISP 2.2.1GRP
The scope of the Financial Ombudsman Service's threejurisdictions depends on:2626(1) the type of activity to which the complaint relates (see DISP 2.3, DISP 2.4 and DISP 2.5);(2) the place where the activity to which the complaint relates was carried on (see DISP 2.6);(3) whether the complainant is eligible (see DISP 2.7); and(4) whether the complaint was referred to the Financial Ombudsman Service in time (see DISP 2.8).
23One of the reasons for introducing the guidance in this appendix is to seek a reduction in the number of complaints which are referred to the Financial Ombudsman Service. If a firm writes to the complainant proposing terms for settlement which are in accordance with this appendix, the letter may include a statement that the calculation of loss and redress accords with the FSAguidance, but should not imply that this extends to the assessment of whether or not the complaint should
DISP 2.6.5GRP
A complaint can be dealt with under the Financial Ombudsman Service whether or not the complainant lives or is based in the United Kingdom.517517