DISP 2.3 To which activities does the Compulsory Jurisdiction apply?

The Ombudsman can also consider under the Compulsory Jurisdiction:630

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

1132In accordance with article 11 of the Regulated Activities Amendment Order, the Ombudsman can also consider under the Compulsory Jurisdiction:

1. (1)

   a relevant existing credit-related complaint referred to the Financial Ombudsman Service before 1 April 2014 which was formerly being dealt with under the Consumer Credit Jurisdiction; and

2. (2)

   a relevant new credit-related complaint referred to the Financial Ombudsman Service on or after 1 April 2014 which relates to an act or omission which took place before 1 April 2014;

   provided that:

   1. (a)

      the complaint could have been dealt with under the Consumer Credit Jurisdiction (disregarding whether the complainant would have been eligible under rules made for the purposes of the Consumer Credit Jurisdiction and whether the complaint would have fallen within a description specified in those rules) but for the repeal of section 226A of the Act; and

   2. (b)

      the complainant is eligible and wishes to have the complaint dealt with under the Financial Ombudsman Service.

8As a result of section 404B(11) of the Act, the Ombudsman can also consider under the Compulsory Jurisdiction a complaint from a complainant who:

1. (1)

   is not satisfied with a redress determination made by a respondent under a consumer redress scheme; or

2. (2)

   considers that a respondent has failed to make a redress determination in accordance with a consumer redress scheme.

Complaints about acts or omissions include those7 in respect of activities for which the firm,931 payment service provider 7 or electronic money issuer931 is responsible (including business of any appointed representative or agent7 for which the firm,931 payment institution 7 or electronic money institution931 has accepted responsibility).630

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.