chargeable case
any complaint 73 290 referred to the Financial Ombudsman Service, except where:
- (a) the Ombudsman considers it apparent from the73290
complaint
73
290
, when it is received, and from any final response which has been issued by the firm or licensee288, that the73290
complaint
73
290
should not proceed because:
- (i) the complainant is not an eligible complainant in accordance with DISP 2; or
- (ii) the73290 complaint 73 290 does not fall within the jurisdiction of the Financial Ombudsman Service (as described in DISP 2); or
- (iii) the Ombudsman considers that the73290 complaint 73 290 should be dismissed without consideration of its merits under DISP 3.3 or to (5) (Dismissal of complaints without consideration of the merits and test cases73290); or
- (b) the Ombudsman considers, at any stage, that the73290 complaint 73 290 should be dismissed under73290 DISP 3.3.4 R (2) 73 290 on the grounds that it is frivolous or vexatious.3113