DISP 2
Jurisdiction of the Financial Ombudsman Service
DISP 2.1
Application and Purpose
- 01/12/2004
Application
DISP 2.1.1
See Notes
- 01/04/2002
DISP 2.1.2
See Notes
It is also relevant to those who might wish to refer a complaint to the Financial Ombudsman Service.
(2) relevant new complaints about events before commencement but referred to the Financial Ombudsman Service after commencement under the Ombudsman Transitional Order; and
(3) relevant transitional complaints referred to the Financial Ombudsman Service after the relevant commencement date under the Mortgages and General Insurance Complaints Transitional Order.
- 01/04/2002
DISP 2.1.3
See Notes
A reference in this chapter to a "complaint":
(1)
includes part of a complaint; and
(2) under the Compulsory Jurisdiction includes all or part of a relevant new complaint and all or part of a relevant transitional complaint.
- 31/10/2004
DISP 2.1.4
See Notes
References in this chapter to "firms" are to be construed, where relevant, as including:
(1) in accordance with the Ombudsman Transitional Order, unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints; and
(2) as a result of section 226 of the Act, unauthorised persons who were formerly firms in respect of complaints about acts or omissions which occurred at the time when they were authorised, provided that the Compulsory Jurisdiction rules were in force in relation to the activity in question.
- 01/04/2002
Purpose
DISP 2.1.5
See Notes
The purpose of this chapter is to set out the rules which govern the scope of both the Compulsory Jurisdiction and the Voluntary Jurisdiction of the Financial Ombudsman Service. They specify who may refer a complaint to the Financial Ombudsman Service and the time limits for doing so. They also set out which activities are covered by the Compulsory Jurisdictionand the Voluntary Jurisdiction and the territorial scope of the Financial Ombudsman Service.
- 01/04/2002
DISP 2.2
Which complaints can be dealt with under the Financial Ombudsman Service?
- 01/12/2004
Complaints (other than relevant new complaints or relevant transitional complaints)
DISP 2.2.1
See Notes
The following conditions will need to be satisfied before a complaint (other than a relevant new complaint or relevant transitional complaint) can be dealt with under the Financial Ombudsman Service:
(2) the firm or VJ participant about which the complaint is made must be one which is subject to either the Compulsory Jurisdiction or the Voluntary Jurisdiction, as appropriate;
(3) the activity to which the complaint relates must be subject to either the Compulsory Jurisdiction or the Voluntary Jurisdiction, as appropriate;
(4) in relation to the Compulsory Jurisdiction, the act or omission complained of must have occurred at a time when the rules in DISP 2 were in force, in relation to the activity being complained about;
(5) the firm or VJ participant must have failed to resolve the complaint to the satisfaction of the complainant within eight weeks of receiving it; and
(6) the firm or VJ participant about which the complaint is made must:
(a) in the case of the Compulsory Jurisdiction, have been authorised under the Act at the time of the act or omission to which the complaint relates; or
(b) in the case of the Voluntary Jurisdiction, have been a VJ participant at the time of the act or omission to which the complaint relates or have agreed to let the Financial Ombudsman Service consider such complaints, and must not have withdrawn from being a VJ participant at the time when the complaint is referred to the Financial Ombudsman Service.
- 31/10/2004
Relevant new complaints
DISP 2.2.2
See Notes
(1) Article 3 of the Ombudsman Transitional Order provides that (subject to certain modifications) the Compulsory Jurisdiction applies to a relevant new complaint, provided that:
(a) the act or omission is that of a person who was, immediately before commencement, subject to a former scheme;
(b) the act or omission occurred in the carrying on by that person of an activity to which that former scheme applied; and
(c) the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
(2) For the purposes of (1)(c), the Ombudsman Transitional Order enables the Ombudsman, if he considers it appropriate, to treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before commencement.
(3) The Ombudsman Transitional Order enables relevant new complaints to be handled, as far as possible, under the Financial Ombudsman Service procedures, but provides for the rules of the former schemes to apply or be taken into account in certain circumstances.
(4) The Ombudsman Transitional Order makes separate provision for the treatment of relevant existing complaints, as described in DISP App 1
- 01/04/2002
Relevant transitional complaints
DISP 2.2.2A
See Notes
(1)
Article 2 of the Mortgage and General Insurance Complaints Transitional Order provides that (subject to certain modifications) the Compulsory Jurisdiction applies to a relevant transitional complaint, provided that:
(a) the act or omission is that of a person ("R") who, at the time of that act or omission, was subject to a former scheme;
(c) the act or omission occurred in the carrying on by R of an activity to which that former scheme applied; and
(d) the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
(2)
For the purposes of (1)(d), the Mortgage and General Insurance Complaints Transitional Order enables the Ombudsman, if he considers it appropriate, to treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant commencement date.
(3)
The Mortgage and General Insurance Transitional Order enables relevant transitional complaints to be handled, so far as possible, under the Financial Ombudsman Service procedures, but provides for the rules of the former schemes to apply or be taken into account in certain circumstances.
- 31/10/2004
Dismissal of complaints without consideration of the merits
DISP 2.2.3
See Notes
Under DISP 3.3.1 R, the Ombudsman may dismiss a complaint without considering its merits if he is satisfied that the complainant has not suffered, or is unlikely to suffer, financial loss, material distress or material inconvenience.
- 01/04/2002
DISP 2.3
Time Limits for referral of complaints to the Financial Ombudsman Service
- 01/12/2004
DISP 2.3.1
See Notes
(1) The Ombudsman cannot consider a complaint (except as described in (2)) if the complainant refers it to the Financial Ombudsman Service:
(a) less than eight weeks after receipt of the complaint by the firm or VJ participant, unless the firm or VJ participant has already sent the complainant its final response; or
(b) more than six months after the date on which the firm or VJ participant sends the complainant its final response advising him that he may refer his complaint to the Financial Ombudsman Service; or
(c) more than six years after the event complained of or (if later) more than three years from the date on which he became aware (or ought reasonably to have become aware) that he had cause for complaint, unless he has referred the complaint to the firm or VJ participant or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received (but see DISP 2.3.5 G - DISP 2.3.6 R).
(2) The Ombudsman can consider complaints outside the time limits in (1)(b) or (c) or in DISP 2.3.6 R when, in his view, the failure to comply with the time limits was as a result of exceptional circumstances or where he is required to do so by the Ombudsman Transitional Order (see DISP 2.3.2 G) or where the firm or VJ participant has not objected to the Ombudsman considering the complaint.
- 31/10/2004
DISP 2.3.1A
See Notes
If the complaint relates to the sale of an endowment policy for the purpose of achieving capital repayment of a mortgage, the receipt by the complainant of a letter which states that there is a risk (rather than a high risk) that the policy would not, at maturity, produce a sum large enough to repay the target amount is not, itself, sufficient to cause the three year time period in DISP 2.3.1 R (1)(c) to start to run.
- 01/02/2003
DISP 2.3.2
See Notes
In relation to DISP 2.3.1 R (1)(b) and (c), article 4(2) of the Ombudsman Transitional Order requires an Ombudsman to extend the time limit in respect of a relevant new complaint referred to the Financial Ombudsman Service not later than twelve months after commencement, so the time limit applying to the complaint is the same as that which would have applied under the former scheme in question as it had effect immediately before commencement.
- 01/04/2002
DISP 2.3.3
See Notes
For the purposes of DISP 2.3.1 R (2), an example of an exceptional circumstance might be where the complainant has been or is incapacitated or where the firm or VJ participant has failed, in its final response, to inform the complainant that he may refer his complaint to the Financial Ombudsman Service or that he must do so within six months.
- 01/04/2002
DISP 2.3.4
See Notes
Under
DISP 5.6.1 R
a firm or VJ participant is liable to pay a case fee in respect of chargeable cases. However, in some circumstances, the Ombudsman may conclude that a firm or VJ participant should have more time to resolve a complaint before a case fee is incurred (for example, where there has been delay in obtaining information from third parties or where the Ombudsman considers that the complainant has not fully cooperated with the firm or VJ participant in the investigation of the complaint).
- 01/04/2002
Exceptions for reviews of past business
DISP 2.3.5
See Notes
DISP 2.3.1 R (1)(c) does not apply where:
(1) the time limit has been extended under a scheme for review of past business approved by the Treasury under section 404 of the Act (Schemes for reviewing past business); or
(2) the complaint concerns a contract or policy which is the subject of a review directly or indirectly under:
(a) the terms of the Statement of Policy on 'Pension transfers and Opt-outs' issued by the FSA on 25 October 1994; or
(b) the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000.
- 01/04/2002
Exceptions for certain mortgage endowment complaints
DISP 2.3.6
See Notes
(1)
If a complaint relates to the sale of an endowment policy for the purpose of achieving capital repayment of a mortgage and the complainant receives a letter from a firm or a VJ participant warning that there is a high risk that the policy will not, at maturity, produce a sum large enough to repay the target amount then, subject to (2), (3), (4) and (5):
(a) time for referring a complaint to the Financial Ombudsman Service starts to run from the date the complainant receives the letter; and
(b) ends three years from that date ("the final date").
(2)
Paragraph (1)(b) applies only if the complainant also receives within the three year period mentioned in (1)(b) and at least six months before the final date an explanation that the complainant's time to refer such a complaint would expire at the final date.
(3)
If an explanation is given but is sent outside the period referred to in (2), time for referring a complaint will run until a date specified in such an explanation which must not be less than six months after the date on which the notice is sent.
(4)
A complainant will be taken to have complied with the time limits in (1) to (3) above if in any case he refers the complaint to the firm or VJ participant within those limits and has a written acknowledgement or some other record of the complaint having been received.
(5) Paragraph (1) does not apply if the Ombudsman is of the opinion that, in the circumstances of the case, it is appropriate for DISP 2.3.1 R(1)(c) to apply.
- 01/06/2004
DISP 2.4
Who can refer a complaint to the Financial Ombudsman Service?
- 01/12/2004
DISP 2.4.1
See Notes
A complaint may be dealt with under the Financial Ombudsman Service only if it is brought by or on behalf of an eligible complainant.
- 01/04/2002
DISP 2.4.2
See Notes
Eligible complainants are those falling within one of the classes of person specified in DISP 2.4.3 R; and
(1) having a customer or potential customer relationship with a firm or VJ participant (as specified in DISP 2.4.7 R and DISP 2.4.8 R); or
or, in relation to relevant complaints, those specified in the Ombudsman Transitional Order or the Mortgages and General Insurance Transitional Order (see DISP 2.4.14 G, DISP 2.4.15 G, and DISP App 1.3.1 G).- 31/10/2004
Classes of person
DISP 2.4.3
See Notes
(1) Subject to (2), a person is an eligible complainant if he is:
(a) a private individual; or
(b) a business, which has a group annual turnover of less than £1 million at the time the complainant refers the complaint to the firm
(c) a charity which has an annual income of less than £1 million at the time the complainant refers the complaint to the firm or VJ participant; or
(d) a trustee of a trust which has a net asset value of less than £1 million at the time the complainant refers the complaint to the firm or VJ participant;
who satisfies the relevant criteria in DISP 2.4.7 R - DISP 2.4.12 R, and is not within (2).(2) The following are not eligible complainants:
(a) an individual, business, charity or trustee, who was an intermediate customer or market counterparty in relation to the firm in question at the time of the act or omission, and in respect of the activity, which is the subject of the complaint;
(b) a firm or VJ participant whose complaint relates in any way to an activity which the firm itself has permission to carry on or which the
VJ participant itself conducts, and which is subject to the Compulsory Jurisdiction or the Voluntary Jurisdiction of the Financial Ombudsman Service.
- 01/04/2002
DISP 2.4.4
See Notes
For the purposes of DISP 2, a business includes a sole trader, a company, an unincorporated body and a partnership carrying on any trade or profession.
- 01/04/2002
DISP 2.4.5
See Notes
If a firm or VJ participant is in any doubt about the eligibility of a business, charity or trust, it should treat the complainant as if it were eligible. If the complaint is referred to the Financial Ombudsman Service, the Ombudsman will determine eligibility by reference to appropriate evidence, such as audited accounts or VAT returns.
- 01/04/2002
DISP 2.4.6
See Notes
For the purposes of DISP 2.4.3 R(1)(b), a subsidiary of a corporate group (as defined in section 262(1) of the Companies Act 1985) will be eligible only where the corporate group as a whole meets the turnover test.
- 01/04/2002
Eligible complainants: customers
DISP 2.4.7
See Notes
A person is an eligible complainant if:
(1) he is or has been a customer of a firm
(2) the complaint arises out of matters relevant to his being or having been a customer of the firm or VJ participant; and
- 01/04/2002
Eligible complainants: potential customers
DISP 2.4.8
See Notes
A person is an eligible complainant if:
(1) the complaint arises out of a firm's or VJ participant's actions or failure to act for the complainant in his capacity as a potential customer of the firm or VJ participant; and
- 01/04/2002
DISP 2.4.9
See Notes
DISP 2.4.8 R is intended to enable a potential customer to use the Financial Ombudsman Service where the complaint involves an allegation that he has suffered or may suffer financial loss, material distress or material inconvenience as a result of a firm's or VJ participant's wrongful act or omission (for example, where, as a result of maladministration or illegal discrimination, a service has not been provided). A complaint about the legitimate exercise of a firm's or VJ participant's commercial judgment may be dismissed by an Ombudsman without consideration of its merits under DISP 3.3.1 R(11).
- 01/04/2002
Eligible complainants: indirect complaints
DISP 2.4.10
See Notes
A person is an eligible complainant if:
(1) he is not, and has not been, a customer or potential customer of the firm or VJ participant in relation to the subject matter of the complaint; and
(2) he has a complaint against the firm or VJ participant which either:
(a) arises out of a relationship which he has with the firm or VJ participant as described in DISP 2.4.11 R or DISP 2.4.12 R (4); or
(b) is derived from another person and which arises from any of the circumstances described in DISP 2.4.12 R; and
- 01/09/2003
DISP 2.4.11
See Notes
The relationships with the firm or VJ participant relevant for DISP 2.4.10 R(2)(a) are:
(1) the complainant has given the firm or VJ participant a guarantee or security for a mortgage or loan; or
(2) the complainant has relied in the course of his business on a cheque guarantee card issued by the firm or VJ participant; or
(3) the complainant is the true owner or the person entitled to immediate possession of a cheque or other bill of exchange, or of the funds it represents, collected by the firm or VJ participant for someone elses account; or
(4) the complainant is the recipient of a banker's reference given by the firm or VJ participant; or
(5) the complainant is the holder of units in a collective investment scheme and the firm or VJ participant is the operator or depositary of the scheme.
- 01/09/2003
DISP 2.4.12
See Notes
The circumstances relevant for DISP 2.4.10 R(2)(b) are:
(1) that the complainant is a beneficiary under a trust or estate of which the firm or VJ participant is trustee or personal representative; or
(2) that the complainant is a person for whose benefit a contract of insurance was taken out or was intended to be taken out; or
(3) that the complainant is a person on whom the legal right to benefit from a claim under a contract of insurance has been devolved by contract, statute or subrogation or;
(4) that the complainant is the beneficial owner of units in a collective investment scheme, and the firm or the VJ participant is the operator or depositary of the scheme.
- 01/09/2003
DISP 2.4.12A
See Notes
In respect of a complaint under the Voluntary Jurisdiction relating to National Savings and Investments' business under DISP 2.6.9 R (9), where the complainant is not otherwise eligible in accordance with DISP 2.4, the Ombudsman may, nonetheless, if he considers it appropriate, treat the complainant as an eligible complainant, if he or she should have been entitled to refer an equivalent complainant to the Adjudicator for National Savings or, as the case may be, the Parliamentary Commissioner for Administration immediately before the Voluntary Jurisdiction began to cover National Savings and Investments' business, provided that the complainant wishes to have the complaint dealt with under the Financial Ombudsman Service.
- 01/12/2004
DISP 2.4.13
See Notes
DISP 2.4.12 R(2) and(3) include, for example, employees covered by a group permanent health policy taken out by an employer, which provides in the insurance contract that the policy was taken out for the benefit of the employee. They do not include, for example, complaints about the actions of the insurer of the other driver in a car accident,
- 01/09/2003
DISP 2.4.14
See Notes
In respect of a relevant new complaint or a relevant transitional complaint, where the complainant is not eligible in accordance with DISP 2.4, article 3(3) of the Ombudsman Transitional Order and article 2(3) of the Mortgages and General Insurance Complaints Transitional Order provides that the Ombudsman may, nonetheless, if he considers it appropriate, treat the complainant as an eligible complainant if he or she would have been entitled to refer an equivalent complaint to the former scheme in question immediately before commencement, provided that the complainant wishes to have the complaint dealt with under the new scheme.
- 31/10/2004
DISP 2.4.15
See Notes
Article 3(4) of the Ombudsman Transitional Order provides that, in the case of a relevant new complaint, where the former scheme in question is the Insurance Ombudsman Scheme, a complainant is not to be treated as an eligible complainant unless:
(1) he is an individual; and
(2) the complaint does not concern aspects of a policy relating to a business or trade carried on by him.
- 01/04/2002
DISP 2.4.15A
See Notes
Article 2(4) of the Mortgages and General Insurance Transitional Order provides that, in the case of a relevant transitional complaint, where the former scheme in question is the GISC facility, a complainant is not to be treated as an eligible complainant unless:
(1) he is an individual; and
(2) he is acting otherwise than solely for the purposes of his business.
- 31/10/2004
DISP 2.4.15B
See Notes
Article 2(5) of the Mortgages and General Insurance Transitional Order provides that, in the case of a relevant transitional complaint, where the former scheme in question is the MCAS scheme, a complainant is not to be treated as an eligible complainant if:
(1) the complaint does not relate to a breach of the Mortgage Code published by the Council of Mortgage Lenders;
(2) the complaint concerns physical injury, illness, nervous shock or their consequences; or
(3) the complainant is claiming a sum of money that exceeds £100,000.
- 31/10/2004
Representatives of eligible complainants
DISP 2.4.16
See Notes
A complaint may be brought on behalf of an eligible complainant, or a deceased person who would have been an eligible complainant, by a person authorised by the eligible complainant or authorised by law.
- 01/04/2002
DISP 2.4.17
See Notes
It is immaterial whether the person authorised to act on behalf of an eligible complainant under DISP 2.4.16 R:
- 01/04/2002
DISP 2.5
Which firms are subject to the jurisdiction of the Financial Ombudsman Service?
- 01/12/2004
DISP 2.5.1
See Notes
All firms are subject to the Compulsory Jurisdiction of the Financial Ombudsman Service. VJ participants are subject to the Voluntary Jurisdiction and to DISP 2 to the extent specified in the standard terms (DISP 4).
- 01/04/2002
DISP 2.5.2
See Notes
Firms may, however, be exempt from the requirements of DISP 1 (Complaint handling procedures for firms) and
DISP 5
(Financial Ombudsman Service funding rules), if they qualify under
DISP 1.1.7 RR (Exemption).
- 01/04/2002
DISP 2.5.3
See Notes
Members of the Society of Lloyd's are treated as firms for the purposes of the Compulsory Jurisdiction (including the rules in DISP 1 relating to firms' complaints procedures) and are subject to DISP 1 as a result of the insurance market direction given in LLD 6.2.1 D, under section 316 of the Act (Direction by Authority). However, as set out in DISP 1.7, members will individually comply with DISP 1 if and only if all complaints by policyholders against members are dealt with under the internal procedures established by the Society of Lloyd's for handling those complaints, provided that these procedures themselves comply with DISP 1. Accordingly, certain of the obligations under DISP 1, for example, the obligation to report on complaints received, must be complied with by the Society on behalf of members.
- 01/04/2002
DISP 2.6
To which activities do the rules apply?
- 01/12/2004
The Compulsory Jurisdiction
DISP 2.6.1
See Notes
The Ombudsman can consider a complaint under the Compulsory Jurisdiction only if it relates to an act or omission by a firm in the carrying on of one or more of the following activities (unless the provision described in DISP 2.6.3 R applies):
(1)
regulated activities;
(2) lending money secured by a charge on land;
(3) lending money (other than restricted credit);
(5) the provision of ancillary banking services (see DISP 2.6.6 G);
or activities ancillary to them (see DISP 2.6.2 G).- 01/04/2002
DISP 2.6.2
See Notes
The activities in DISP 2.6.1 R include any ancillary activities, including advice, provided by the firm in connection with those activities.
- 01/04/2002
DISP 2.6.3
See Notes
Under article 3 of the Ombudsman Transitional Order, the Ombudsman can also consider a relevant new complaint under the Compulsory Jurisdiction where it relates to an act or omission of a firm which was, immediately before commencement, subject to a former scheme, provided that:
(1) the act or omission occurred in the carrying on by that firm of an activity to which that former scheme applied; and
(2) the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
- 01/04/2002
DISP 2.6.3A
See Notes
Under article 2 of the Mortgage and General Insurance Complaints Transitional Order, the Ombudsman can also consider a relevant transitional complaint under the Compulsory Jurisdiction where it relates to an act or omission of a firm which was, immediately before the relevant commencement date, subject to a former scheme, provided that:
(1) the act or omission occurred in the carrying on by that firm of an activity to which that former scheme applied; and
(2) the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
- 31/10/2004
DISP 2.6.4
See Notes
The carrying on of an activity in DISP 2.6.1 R includes offering, providing or failing to provide and administering or failing to administer a service in relation to the activities covered by that rule. This includes the manner in which a firm has administered its business, provided that the business is an activity subject to the jurisdiction of the Financial Ombudsman Service.
- 01/04/2002
DISP 2.6.5
See Notes
Complaints about acts or omissions by a firm include complaints about acts or omissions in respect of activities for which the firm is responsible (including business of any appointed representative for which the firm has accepted responsibility).
- 30/06/2004
DISP 2.6.6
See Notes
For the purposes of DISP 2.6.1 R (5), ancillary banking services include, for example, the provision and operation of cash machines and safe deposit boxes and the provision of account aggregation services (that is, services where details from several accounts which may be held by different financial service providers can be accessed by a single password).
- 01/09/2003
DISP 2.6.7
See Notes
A complaint about an authorised professional firm cannot be handled under the Compulsory Jurisdiction of the Financial Ombudsman Service if it relates solely to a non-mainstream regulated activity and can be handled by a designated professional body.
- 01/04/2002
DISP 2.6.8
See Notes
A complaint about a non-mainstream regulated activity conducted by an authorised professional firm will be handled by the relevant professional body.
- 01/04/2002
The Voluntary Jurisdiction
DISP 2.6.9
See Notes
The Ombudsman can consider a complaint under the Voluntary Jurisdiction only if it is not covered by the Compulsory Jurisdictionand it relates to an act or omission in the carrying on of one or more of the following activities by a VJ participant:
(2)
accepting deposits;
(3) lending money secured by a charge over land;
(6) the provision of ancillary banking services;
(6A) acting as an intermediary for a loan secured by a charge over land;
(7) a financial services activity carried on after commencement and which had been covered by a former scheme in so far as the VJ participant was a member of that former scheme, in respect of that activity, immediately before the commencement day;
(8) an activity carried on on or after 29 April 1988 which was a regulated activity when the VJ participant joined the Voluntary Jurisdiction(or became an authorised person if later) but which was not a regulated activity at the time of the act or omission;
(9) National Savings and Investments' business;
or activities ancillary to them (see DISP 2.6.11 R).- 01/04/2002
DISP 2.6.9A
See Notes
A complaint may be covered by the Voluntary Jurisdiction under one or more of the subparagraphs of DISP 2.6.9 R
- 01/12/2004
Acting as an intermediary for a loan secured by a charge over land
DISP 2.6.9B
See Notes
DISP 2.6.9 R (6A)includes:
(1) making arrangements for a borrower or potential borrower to enter into, or vary the terms of, a loan secured by a charge over land;
(2) making arrangements with a view to a borrower or potential borrower who participates in the arrangements entering into a loan secured over land; and
(3) advising a borrower or potential borrower on the merits of entering into, or varying the terms of, a loan secured by a charge over land.
- 01/12/2004
Acting as an intermediary for general insurance business or long-term insurance business
DISP 2.6.9C
See Notes
DISP 2.6.9 R (6B)includes:
(1) introducing, proposing or carrying out other work preparatory to the conclusion of contracts of general insurance business or long-term insurance business or reinsurance;
(2) concluding such contracts;
(3) assisting in the administration and performance of such contracts, in particular in the event of a claim;
(4) dealing as an agent, or arranging deals, in such contracts (or rights in them);
(5) managing, safeguarding or administering assets consisting of, or including, such contracts (or rights in them); and
(6) advising on the merits of buying, selling, subscribing for or underwriting such contracts (or rights in them).
But customers of reinsurance intermediaries are unlikely to be eligible complainants.- 01/04/2002
DISP 2.6.10
See Notes
DISP 2.6.9 R (7) enables complaints about VJ participants which, immediately before the commencement day, were members of one of the former schemes replaced by the Financial Ombudsman Service to be dealt with under the Voluntary Jurisdiction. This is in respect of the financial services activities for which the VJ participant was previously covered but excludes complaints which fall into the Compulsory Jurisdiction as relevant complaints. So the complaints which are covered by DISP 2.6.9 R (7) are only those which arise out of acts or omissions occurring after the commencement day.
- 01/04/2002
DISP 2.6.10A
See Notes
DISP 2.6.9 R (6) includes the activities referred to in DISP 2.6.6 G.
- 01/12/2004
DISP 2.6.10B
See Notes
DISP 2.6.9 R (8)enables a firm that is subject to the compulsory jurisdiction for regulated activities to become a VJ participant in order to cover complaints about earlier events relating to those activities before they became regulated activities.
- 01/12/2004
DISP 2.6.11
See Notes
The activities in DISP 2.6.9 R include any ancillary activities, including advice and any ancillary long-term insurance, provided by the VJ participant in connection with those activities.
- 01/04/2002
DISP 2.6.12
See Notes
A complaint subject to these rules which is not covered by the Compulsory Jurisdiction can be considered by the Ombudsman even though it relates to an act or omission that occurred before the VJ participant was participating in the Financial Ombudsman Service, and whether the act or omission occurred before or after the commencement day, either:
(1) if the complaint could have been dealt with under a former scheme; or
- 01/04/2002
DISP 2.6.13
See Notes
The provisions of DISP 2.6.12 R are made under the power in sections 227(13) and 227(14) of the Act. Those sections allow for a complaint relating to an act or omission occurring either before commencement or before the VJ participant joined the Voluntary Jurisdiction (or both) to be dealt with under the Financial Ombudsman Service. Under section 227(13), the act or omission must be one which could have been dealt with under a former scheme. Under section 227(14), the VJ participant must agree; but that agreement is provided by DISP 2.6.12 R (2)and DISP 4.2.5 R. Where complaints in this category are not already covered by the Compulsory Jurisdiction as relevant complaints, they can, therefore, be included in the Voluntary Jurisdiction under DISP 2.6.12 R.
- 01/04/2002
DISP 2.7
The territorial scope of the jurisdiction of the Financial Ombudsman Service
- 01/12/2004
DISP 2.7.1
See Notes
The territorial scope of the jurisdiction of the Financial Ombudsman Service covers complaints about the activities of a firm, an appointed representative or a VJ participant carried on from an establishment in the United Kingdom.
- 01/04/2002
DISP 2.7.2
See Notes
The territorial scope of the jurisdiction of the Voluntary Jurisdiction of the Financial Ombudsman Service also covers complaints about activities specified in DISP 2.6.9 R (1) to DISP 2.6.9 R (6) or activities ancillary to them carried on from an establishment elsewhere in the EEA if the following conditions are met:
(1) the activity is directed wholly or partly at the United Kingdom (or part of it);
(2) contracts governing the activity are, or (in the case of a potential customer) would have been, made under the law of England and Wales, Scotland or Northern Ireland; and
(3) the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.
- 01/04/2002
DISP 2.7.3
See Notes
DISP 2.7.2 R (1) covers activities which the VJ participant conducts with the intention that some or all of the customers relating to that activity should reside in the United Kingdom.
- 01/04/2002
DISP 2.7.4
See Notes
The Compulsory Jurisdiction:
(1) covers firms (including appointed representatives) operating from an establishment in the United Kingdom, including incoming EEA firms and incoming Treaty firms which qualify for authorisation under Schedule 3 (EEA Passport Rights) or Schedule 4 (Treaty Rights) to the Act; but
(2) does not cover complaints which concern business conducted by branches of firms outside the United Kingdom or by EEA firms operating in the United Kingdom on a services basis from outside the United Kingdom.
- 01/04/2002
DISP 2.7.5
See Notes
The Voluntary Jurisdiction:
(2) also covers complaints that concern business conducted by VJ participants operating elsewhere in the EEA, but only in relation to the activities specified in DISP 2.6.9 R (1) to DISP 2.6.9 R (6) subject to the conditions in DISP 2.7.2 R (1) to DISP 2.7.2 R (3).
- 01/12/2004
DISP 2.7.6
See Notes
A complaint can be dealt with under the Financial Ombudsman Service irrespective of whether the complainant lives or is based in the United Kingdom.
- 01/12/2004