Related provisions for DISP 4.2.2
1 - 19 of 19 items.
The following rules and guidance apply to VJ participants as part of the standard terms, except where the context requires otherwise:(1) DISP 1 (Treating complainants4fairly), except:4(a) DISP 1.94(Complaints record rule);4(b) DISP 1.104(Complaints reporting rules);84(ba) DISP 1.10A (Complaints data publication rules); and8(c) DISP 1.114(Lloyd's);4(2) DISP 2 (Jurisdiction of the Financial Ombudsman Service), except:(a) DISP 2.3 (Compulsory Jurisdiction); and(3) DISP 3 (Complaint
The following rules in FEES apply to VJ participants as part of the standard terms, but substituting 'VJ participant' for 'firm':(1) FEES 2.2.1 R (late payment) but substituting 'FOS Ltd' for 'the FCA';1515(2) FEES 2.3.1 R and 2.3.2 R (remission of fees);(3) FEES 4.2.6 R (1)(b) (periodic fees);(4) FEES 5.3.6 R (general levy) but substituting:(a) 'Voluntary Jurisdiction' for 'Compulsory Jurisdiction'; and(b) 'FOS Ltd' for 'the FCA';1515(5) FEES 5.3.8 R (calculation of general levy)
A VJ participant may not withdraw from the Voluntary Jurisdiction unless:(1) the VJ participant has submitted to FOS Ltd a written plan for:(a) notifying its existing customers of its intention to withdraw; and(b) handling complaints against it before its withdrawal;(2) the VJ participant has paid the general levy for the year in which it withdraws and any other fees payable; and(3) FOS Ltd has approved in writing both the VJ Participant's plan and the date of withdrawal (which
None of the following is to be liable in damages for anything done or omitted to be done in the discharge (or purported discharge) of any functions in connection with the Voluntary Jurisdiction:312(1) FOS Ltd;(2) any member of its governing body;(3) any member of its staff;(4) any person acting as an Ombudsman for the purposes of the Financial Ombudsman Service;except where:(5) the act or omission is shown to have been in bad faith; or(6) it would prevent an award of damages being
The Ombudsman can consider a complaint under the Voluntary Jurisdiction if:419(1) it is not covered by the Compulsory Jurisdiction;823 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 Jurisdiction (or became an authorised
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.
419The 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) if the complaint could have been dealt with under a former scheme; or(2) under the agreement by the VJ participant in the Standard Terms.
Details of how this chapter applies to each type of respondent are set out below. For this purpose, respondents include:(1) persons carrying on regulated activities (firms),1332 providing payment services (payment service providers)8 or providing electronic money issuance services (electronic money issuers) 1332 and which are8 covered by the Compulsory Jurisdiction; and17338(2) [deleted]17331733(3) persons who have opted in to the Voluntary Jurisdiction (VJ participants).
(1) 19If a complaint relates to the sale of an endowment policy for the purpose of achieving capital repayment of a mortgage and the complainant receives a letter from a firm or a VJ participant warning that there is a high risk that the policy will not, at maturity, produce a sum large enough to repay the target amount then, subject to (2), (3), (4) and (5):(a) time for referring a complaint to the Financial Ombudsman Service starts to run from the date the complainant receives
Where a respondent ceases to be a firm, payment service provider, electronic money issuer or VJ participant (as the case may be) part way through a financial year it will remain liable to pay case fees under FEES 5.5B in respect of cases within the jurisdiction of the Financial Ombudsman Service.5
Under the standard terms, VJ participants will be required to pay to FOS Ltd an amount calculated on a similar basis towards the costs of operating the Voluntary Jurisdiction of the Financial Ombudsman Service, see FEES 5 Annex 2R26. FOS Ltd will be responsible for invoicing and collecting this amount.
The purpose of this chapter is to set out rules and guidance on the scope of the Compulsory Jurisdiction and the Voluntary Jurisdiction, which are the Financial Ombudsman Service's two 816jurisdictions:816816(1) the Compulsory Jurisdiction is not restricted to regulated activities,715payment services6 and issuance ofelectronic money, 715 and covers:(a) certain complaints against firms (and businesses which were firms at the time of the events complained about);816(b) relevant
The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:517(1) in the United Kingdom; or(2) elsewhere in the EEA if the following conditions are met:(a) the activity is directed wholly or partly at the United Kingdom (or part of it);(b) contracts governing the activity are (or, in the case of a potential customer, would have been) made under the law of England and Wales, Scotland or Northern Ireland; and(c) the
121The following are not eligible complainants:(1) (in all jurisdictions) a firm, payment service provider,3electronic money issuer, 623 or VJ participant whose complaint relates in any way to an activity which:826(a) the firm itself has permission to carry on; or(ab) 3the firm,623payment service provider or electronic money issuer623 itself is entitled to carry on under the Payment Services Regulations or the Electronic Money Regulations ; or623623(b) the VJ participant itself