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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 (other than auction regulation bidding );10

  2. (1A)

    payment services;7

  3. (1B)

    the regulated activity specified in article 53E (advising on conversion or transfer of pension benefits) of the Regulated Activities Order;12

  4. (2)

    [deleted]1132

    1132
  5. (3)

    lending money secured by a charge on land;

  6. (4)

    lending money (excluding restricted credit where that is not a credit-related regulated activity 11 32 );

    1132
  7. (5)

    paying money by a plastic card (excluding a store card where that is not a credit-related regulated activity 11 32 );

    1132
  8. (6)

    providing ancillary banking services;

or any ancillary activities, including advice, carried on by the firm in connection with them.630

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

DISP 2.3.2GRP

The Ombudsman can also consider under the Compulsory Jurisdiction:630

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

Activities by firms and unauthorised persons previously subject to the Consumer Credit Jurisdiction

DISP 2.3.2-AGRP

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.

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)

    credit-related regulated activities;1132

    1132

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

Activities by electronic money issuers

DISP 2.3.2BRRP

931The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by an electronic money issuer in carrying on:

  1. (1)

    issuance of electronic money; or

  2. (2)

    credit-related regulated activities;1132

    1132

or any ancillary activities, including advice, carried on by the electronic money issuer in connection with them.

Consumer redress schemes

DISP 2.3.2CGRP

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.

General

DISP 2.3.3GRP

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

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.630

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.