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DISP 2.5 To which activities does the Voluntary Jurisdiction apply?

DISP 2.5.1RRP

The Ombudsman can consider a complaint under the Voluntary Jurisdiction if:427

  1. (1)

    it is not covered by the Compulsory Jurisdiction;831 and

    427
  2. (2)

    it relates to an act or omission by a VJ participant in carrying on one or more of the following activities:

    1. (a)

      an activity (other than auction regulation bidding,23 administering a benchmark, meeting of repayment claims,23 managing dormant asset funds (including the investment of such funds) and regulated pensions dashboard activity23) carried on after 28 April 1988 which:

      192135
      1. (i)

        was not a regulated activity at the time of the act or omission, but

      2. (ii)

        was a regulated activity when the VJ participant joined the Voluntary Jurisdiction (or became an authorised person, if later);

    2. (b)

      a financial services activity carried on after commencement by a VJ participant which was covered in respect of that activity by a former scheme immediately before the commencement day;

    3. (c)

      activities, other than regulated claims management activities, activities ancillary to regulated claims management activities, meeting of repayment claims,23 managing dormant asset funds (including the investment of such funds) and regulated pensions dashboard activity23, which (at 30 November 202423) would be covered by the Compulsory Jurisdiction,30 if they were carried on from an establishment in the United Kingdom (these activities are listed in DISP 2 Annex 1G);

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    4. (ca)

      an activity which would be a regulated claims management activity and would be covered by the Compulsory Jurisdiction if it were carried on in Great Britain (see PERG 2.4A);15

    5. (cb)

      20an activity which would be a regulated funeral plan activity and would be covered by the Compulsory Jurisdiction if it were carried on in relation to a funeral in the United Kingdom.

    6. (d)

      [deleted]831

      831
    7. (e)

      lending money secured by a charge on land;

    8. (f)

      lending money (excluding restricted credit where that is not a credit-related regulated activity 8 31 );

      831
    9. (g)

      paying money by a plastic card (excluding a store card where that is not a credit-related regulated activity 8 31 );

      831
    10. (h)

      providing ancillary banking services;

    11. (i)

      acting as an intermediary for a loan secured by a charge over land;

    12. (j)

      acting as an intermediary for general insurance business or long-term insurance business;

    13. (k)

      National Savings and Investments' business;

    14. (l)

      offering and/or issuing of investments by ISPVs;14

      3030
    15. (m)

      [deleted]30

      30

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

427
DISP 2.5.2GRP

The scope of the Voluntary Jurisdiction is wider than that of the Compulsory Jurisdiction, and so some activities are referred to in both jurisdictions.

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DISP 2.5.3GRP

DISP 2.5.1R (2)(a)is for those that are subject to the Compulsory Jurisdiction for regulated activities but are not covered by any of the following:20

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  1. (a)

    20the Ombudsman Transitional Order,

  2. (b)

    20the Mortgage and General Insurance Complaints Transitional Order,

  3. (c)

    20the Claims Management Order, or

  4. (d)

    20the Funeral Plans Order.

20It enables the Financial Ombudsman Scheme to cover complaints about earlier events relating to those activities before they became regulated activities.

DISP 2.5.4GRP

DISP 2.5.1R (2)(b) is for those that were members of one of the former schemes replaced by the Financial Ombudsman Service immediately before commencement. It enables the Financial Ombudsman Service 5 to cover complaints that arise out of acts or omissions occurring after commencement for any activities which are not covered by the Compulsory Jurisdiction but that would have been covered by the relevant former scheme.427

5
DISP 2.5.4AGRP

DISP 2.5.1R(2)(c)17 includes complaints about the EEA end of 'one leg' payment services transactions, i.e. services provided from EEA establishments that are subject to the territorial jurisdiction of the Voluntary Jurisdiction (see DISP 2.6.4R (2)) that also involve a payment service provider located outside the EEA. It also includes complaints about payment services irrespective of the currency of the transaction.

6
DISP 2.5.5RRP

427The Voluntary Jurisdiction covers an act or omission that occurred before the VJ participant was participating in the Voluntary Jurisdiction, and whether the act or omission occurred before or after commencement, either:

  1. (1)

    if the complaint could have been dealt with under a former scheme; or

  2. (2)

    under the agreement by the VJ participant in the Standard Terms.