DISP 2.1 Purpose, interpretation and application
Purpose
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 819jurisdictions:
819819- (1)
the Compulsory Jurisdiction is not restricted to regulated activities,718 payment services 6 , 9 issuance ofelectronic money, 718 and CBTL business 9 and covers:
9- (a)
certain complaints against firms (and businesses which were firms at the time of the events complained about);
819 - (b)
relevant complaints against former members of former schemes under the Ombudsman Transitional Order, the Mortgage and General Insurance Complaints Transitional Order,14 the Claims Management Order and the Funeral Plans Order14;
1210819 - (c)
relevant credit-related complaints against businesses which were, at the time of the events complained about, covered by a standard licence under the Consumer Credit Act 1974, or formerly authorised to carry on an activity by virtue of section 34(A) of that Act, in accordance with article 11 of the Regulated Activities Amendment Order;11819
10 - (d)
certain complaints against designated credit reference agencies under the Small and Medium Sized Business (Credit Information) Regulations; and11
10 - (e)
11certain complaints against designated finance platforms under the Small and Medium Sized Business (Finance Platforms) Regulations;
- (a)
- (2) 819
- (3)
the Voluntary Jurisdiction covers certain complaints against VJ participants, including in relation to events before they joined the Voluntary Jurisdiction.417
Relevant complaints covered by the Compulsory Jurisdiction comprise:
417- (1)
relevant existing complaints referred to a former scheme before commencement and inherited by the Financial Ombudsman Service under the Ombudsman Transitional Order;
- (2)
relevant new complaints about events before commencement but referred to the Financial Ombudsman Service after commencement under the Ombudsman Transitional Order;
819 - (3)
relevant transitional complaints referred to the Financial Ombudsman Service after the relevant commencement date under the Mortgages and General Insurance Complaints Transitional Order; 4 17
- (4)
relevant existing credit-related complaints referred to the Financial Ombudsman Service before 1 April 2014 which were formerly being dealt with under the Consumer Credit Jurisdiction and which are to be dealt with under the Compulsory Jurisdiction in accordance with article 11 of the Regulated Activities Amendment Order;12
819 - (5)
relevant new credit-related complaints about events which took place before 1 April 2014 but referred to the Financial Ombudsman Service on or after 1 April 2014 which are to be dealt with under the Compulsory Jurisdiction in accordance with article 11 of the Regulated Activities Amendment Order;12
819 - (6)
relevant existing claims management complaints referred to the Legal Ombudsman before 1 April 2019 and inherited by the Financial Ombudsman Service under the Claims Management Order; 14
12 - (7)
relevant new claims management complaints about events which took place before 1 April 2019 but referred to the Financial Ombudsman Service on or after 1 April 2019 under the Claims Management Order; and14
12 - (8)
14relevant transitional funeral plan complaints about events which took place before 29 July 2022 but were referred to the Financial Ombudsman Service on or after 29 July 2022 in accordance with article 7 of the Funeral Plans Order.
The Ombudsman Transitional Order and the Claims Management Order12 requires the Financial Ombudsman Service to complete the handling of relevant existing complaints and relevant existing claims management complaints12, in a significant number of respects, in accordance with the requirements of the relevant former scheme rather than in accordance with the requirements of this chapter.417
Interpretation
In this chapter, carrying on an activity includes:417
417- (1)
4 17 offering, providing or failing to provide a service in relation to an activity;417
- (2)
administering or failing to administer a service in relation to an activity; and417
3417 - (3)
the manner in which a respondent has administered its business, provided that the business is an activity subject to the Financial Ombudsman Service's jurisdiction.417
417
Purpose
In this chapter, ancillary banking services include, for example, the provision and operation of cash machines, foreign currency exchange, safe deposit boxes and account aggregation services (services where details of accounts held with different financial service providers can be accessed by a single password).4 17
417Application
417This chapter applies to the Ombudsman and to respondents.
13This chapter applies to any TP firm who is or was, at the time of the act or omission, giving rise to the claim against it, a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R.
Application to the Ombudsman and respondents in relation to a relevant motor finance discretionary commission arrangement complaint
15In relation to a relevant motor finance DCA complaint:
- (1)
- (2)
DISP 2.8.1R(4)(a); and
- (3)
apply as modified by DISP App 5 (Relevant motor finance discretionary commission arrangement complaint handling rules).
15DISP App 5 contains complaint handling rules in respect of a relevant motor finance DCA complaint.