DISP 2.2 Which complaints can be dealt with under the Financial Ombudsman Service?

The following conditions will need to be satisfied before a complaint (other than a relevant new complaint or relevant transitional complaint) can be dealt with under the Financial Ombudsman Service:1

1. (1)

   the complainant must be an eligible complainant (see DISP 2.4);

2. (2)

   the firm, licensee5 or VJ participant about which the complaint is made must be one which is subject to either the Compulsory Jurisdiction, the Consumer Credit Jurisdiction5 or the Voluntary Jurisdiction, as appropriate;

3. (3)

   the activity to which the complaint relates must be subject to either the Compulsory Jurisdiction, the Consumer Credit Jurisdiction5 or the Voluntary Jurisdiction, as appropriate;

4. (4)

   in relation to the Compulsory Jurisdiction and the Consumer Credit Jurisdiction5, the act or omission complained of must have occurred at a time when the rules in DISP 2 were in force, in relation to the activity being complained about;

5. (5)

   the firm, licensee5 or VJ participant must have failed to resolve the complaint to the satisfaction of the complainant within eight weeks of receiving it; and

6. (6)

   the firm, licensee5 or VJ participant about which the complaint is made must:

   1. (a)

      in the case of the Compulsory Jurisdiction, have been authorised under the Act at the time of the act or omission to which the complaint relates; or

   2. (b)

      in the case of the Voluntary Jurisdiction, have been a VJ participant at the time of the act or omission to which the complaint relates or have agreed to let the Financial Ombudsman Service consider such complaints, and must not have withdrawn from being a VJ participant at the time when the complaint is referred to the Financial Ombudsman Service; or5

      5
   3. (c)

      in the case of the Consumer Credit Jurisdiction, have been a licensee at the time of the act or omission to which the complaint relates.5

1. (1)

   Article 3 of the Ombudsman Transitional Order provides that (subject to certain modifications) the Compulsory Jurisdiction applies to a relevant new complaint, provided that:

   1. (a)

      the act or omission is that of a person who was, immediately before commencement, subject to a former scheme;

   2. (b)

      the act or omission occurred in the carrying on by that person of an activity to which that former scheme applied; and

   3. (c)

      the complainant is eligible and wishes to have the complaint dealt with under the new scheme.

2. (2)

   For the purposes of (1)(c), the Ombudsman Transitional Order enables the Ombudsman, if he considers it appropriate, to treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before commencement.

3. (3)

   The Ombudsman Transitional Order enables relevant new complaints to be handled, as far as possible, under the Financial Ombudsman Service procedures, but provides for the rules of the former schemes to apply or be taken into account in certain circumstances.

4. (4)

   The Ombudsman Transitional Order makes separate provision for the treatment of relevant existing complaints, as described in DISP App 1

1. (1)

   1Article 2 of the Mortgage and General Insurance Complaints Transitional Order provides that (subject to certain modifications) the Compulsory Jurisdiction applies to a relevant transitional complaint, provided that:

   1. (a)

      the act or omission is that of a person ("R") who, at the time of that act or omission, was subject to a former scheme;

   2. (b)

      R was an authorised person on or after the relevant commencement date;

   3. (c)

      the act or omission occurred in the carrying on by R of an activity to which that former scheme applied; and

   4. (d)

      the complainant is eligible and wishes to have the complaint dealt with under the new scheme.

2. (2)

   1For the purposes of (1)(d), the Mortgage and General Insurance Complaints Transitional Order enables the Ombudsman, if he considers it appropriate, to treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant commencement date.

3. (3)

   1The Mortgage and General Insurance Transitional Order enables relevant transitional complaints to be handled, so far as possible, under the Financial Ombudsman Service procedures, but provides for the rules of the former schemes to apply or be taken into account in certain circumstances.

Under DISP 3.3.1 R, the Ombudsman may dismiss a complaint without considering its merits if he is satisfied that the complainant has not suffered, or is unlikely to suffer, financial loss, material distress or material inconvenience.