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Status: You are viewing the version of the handbook as on 2011-04-29.

DISP 2.3 To which activities does the Compulsory Jurisdiction apply?

7Activities by firms

DISP 2.3.1RRP

7The 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. (1)

    regulated activities ;

  2. (1A)

    payment services;7

  3. (2)

    consumer credit activities;

  4. (3)

    lending money secured by a charge on land;

  5. (4)

    lending money (excluding restricted credit where that is not a consumer credit activity );

  6. (5)

    paying money by a plastic card (excluding a store card where that is not a consumer credit activity );

  7. (6)

    providing ancillary banking services;

or any ancillary activities, including advice, carried on by the firm in connection with them.624

7Activities by firms and unauthorised persons subject to a former scheme

DISP 2.3.2GRP

The Ombudsman can also consider under the Compulsory Jurisdiction:624

624
  1. (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. (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:

  1. (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

  2. (4)

    the complainant is eligible and wishes to have the complaint dealt with by the Ombudsman.

    7

Activities by payment service providers

DISP 2.3.2ARRP

7The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by a payment service provider in carrying on:

  1. (1)

    payment services; or

  2. (2)

    consumer credit activities;

or any ancillary activities, including advice, carried on by the payment service provider in connection with them.

General

DISP 2.3.3GRP

Complaints about acts or omissions include those7 in respect of activities for which the firm or payment service provider 7 is responsible (including business of any appointed representative or agent7 for which the firm or payment institution 7 has accepted responsibility).624

77
DISP 2.3.4RRP

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.624

DISP 2.3.5GRP

7The Compulsory Jurisdiction includes complaints about the UK end of 'one leg' payment services transactions, i.e. services provided from UK establishments that also involve a payment service provider located outside the EEA. The Compulsory Jurisdiction also includes complaints about payment services irrespective of the currency of the transaction.