DISP App 1.2 Eligible complaint

1. (1)

   Article 2 of the Ombudsman Transitional Order requires that, irrespective of whether the conditions set out in section 226(2) of the Act are met (see DISP 2.2.1 G), a complaint which:

   1. (a)

      was referred to a former scheme (other than the Personal Insurance Arbitration Service) at any time before commencement, by a person who was at that time entitled, under the terms of the former scheme, to refer such a complaint (whether described in that scheme as the making of a complaint, the referral of a dispute, the submission of a claim, or otherwise), and

   2. (b)

      has not, before commencement, been rejected, withdrawn, settled or determined, by the former Ombudsman (whether by a substantive decision, or by closure of the case without a substantive decision);

is to be dealt with under the Financial Ombudsman Service (and not the former scheme).

1. (2)

   These complaints are described as relevant existing complaints.

Article 2 of the Ombudsman Transitional Order provides that a complaint is not to be treated as determined before commencement if the determination was, at commencement, subject to (or capable of being subject to) an appeal, a reference to arbitration or similar procedure.

The definition of a relevant existing complaint excludes complaints referred to the Personal Insurance Arbitration Service before commencement, which will be completed by the Personal Insurance Arbitration Service, not FOS Ltd. It also excludes complaints about pre-commencement investment business conducted by firms which were formerly authorised by a recognised professional body. These will be handled by the relevant professional body.