chargeable case
any complaint 73 291 referred to the Financial Ombudsman Service, except where:
- (a) the Ombudsman considers it apparent from the73291
complaint
73
291
, when it is received, and from any final response which has been issued by the firm or licensee289, that the73291
complaint
73
291
should not proceed because:
- (i) the complainant is not an eligible complainant in accordance with DISP 2; or
- (ii) the73291 complaint 73 291 does not fall within the jurisdiction of the Financial Ombudsman Service (as described in DISP 2); or
- (iii) the Ombudsman considers that the73291 complaint 73 291 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 cases73291); or
- (b) the Ombudsman considers, at any stage, that the73291 complaint 73 291 should be dismissed under73291 DISP 3.3.4 R (2) 73 291 on the grounds that it is frivolous or vexatious.3113