DISP 2.3 To which activities does the Compulsory Jurisdiction apply?
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)
- (2)
- (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)
providing ancillary banking services;
or any ancillary activities, including advice, carried on by the firm in connection with them.629
The Ombudsman can also consider under the Compulsory Jurisdiction:629
629- (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 by a firm (or an unauthorised person that ceased to be a firm after the relevant commencement date) which was subject to a former scheme at the time of the act or omission;
provided that:
- (3)
the act or omission occurred in the carrying on by that firm or unauthorised person of an activity to which that former scheme applied; and
- (4)
the complainant is eligible and wishes to have the complaint dealt with by the Ombudsman.
Complaints about acts or omissions by a firm include complaints about acts or omissions in respect of activities for which the firm is responsible (including business of any appointed representative for which the firm has accepted responsibility).629
A complaint about an authorised professional 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.629