Related provisions for FEES 5.3.7
1 - 15 of 15 items.
(1) For the purposes of the standard terms, a company, partnership, individual practitioner or other business, whether authorised or unauthorised, agreeing to participate in the Voluntary Jurisdiction of the Financial Ombudsman Service is known as a VJ participant.(2) In consequence of the agreement by the VJ participant to participate in the Voluntary Jurisdiction, the standard terms fix the basis on which complaints relating to relevant acts or omissions of the VJ participant
DISP 1.5.1 R contains a requirement for a firm in the Compulsory Jurisdiction to make and retain records of complaints subject to DISP 1.4 - DISP 1.6 for a minimum period of three years from the date of its receipt of a complaint. Although this requirement is not applied to VJ participants, they may need to keep records of complaints for sufficient time to enable them to provide the Ombudsman with necessary information in the event of a complaint being referred to the Financial
(1) None of the following is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of any functions in connection with the Voluntary Jurisdiction:(a) FOS Ltd;(b) any member of its governing body;(c) any member of its staff;(d) any person acting as an Ombudsman for the purposes of the Financial Ombudsman Service.(2) Paragraph (1) does not apply:(a) where the act or omission is shown to have been in bad faith; or(b) so as to prevent an award
If the Ombudsman determines a complaint under the Voluntary Jurisdiction in favour of the complainant, the determination may include:(1) a "money award", that is, an award against the VJ participant of such amount as the Ombudsman considers fair compensation for financial loss or for loss or damage of a kind specified in DISP 3.9.2 G that has been suffered, or may be suffered, by the complainant;(2) a direction that the VJ participant take such steps in relation to the complainant
Paragraph 9 of Schedule 17 to the Act (The Ombudsman Scheme) requires FOS Ltd to adopt an annual budget which has been approved by the FSA. The annual budget must distinguish between the costs of operating the Compulsory Jurisdiction, the Consumer Credit Jurisdiction4 and the Voluntary Jurisdiction.
5Licensees will also continue to be liable for any case fees relating to chargeable cases closed by the Financial Ombudsman Service after they cease to be licensees. Licensees will be charged the standard case fee where the complaint was closed by the Financial Ombudsman Service before the end of the year in which they ceased to be licensees. The special case fee will apply to any complaint closed after the end of that year since the licensee will no longer be contributing to
Relevant existing complaints will be referred by the former schemes to FOS Ltd for completion at commencement. Article 2 of the Ombudsman Transitional Order provides that FOS Ltd will complete the handling of these cases, but requires that, in a significant number of respects, it must do this in accordance with the requirements of the relevant former scheme.