C12C13C16C14C15 Part XVI The Ombudsman Scheme
Pt. XVI applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)
Pt. XVI applied (with modifications) (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), arts. 1(5), 26 (with Pt. 4)
Pt. XVI applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 17(1)
Pt. XVI applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Finance Platforms) Regulations 2015 (S.I. 2015/1946), regs. 1(2), 14
Determination of complaints
C1C2C17228 Determination under the compulsory jurisdiction.
1
This section applies only in relation to the compulsory jurisdiction F8....
C3C202
A complaint is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in all the circumstances of the case.
3
When the ombudsman has determined a complaint he must give a written statement of his determination to the respondent and to the complainant.
4
The statement must—
a
give the ombudsman’s reasons for his determination;
b
be signed by him; and
C45
If the complainant notifies the ombudsman that he accepts the determination, it is binding on the respondent and the complainant and final.
C46
If, by the specified date, the complainant has not notified the ombudsman of his acceptance or rejection of the determination he is to be treated as having rejected it.
F36A
But the complainant is not to be treated as having rejected the determination by virtue of subsection (6) if—
a
the complainant notifies the ombudsman after the specified date of the complainant's acceptance of the determination,
b
the complainant has not previously notified the ombudsman of the complainant's rejection of the determination, and
c
the ombudsman is satisfied that such conditions as may be prescribed by rules made by the scheme operator for the purposes of this section are satisfied.
C47
The ombudsman must notify the respondent of the outcome.
F47A
Where a determination is rejected by virtue of subsection (6), the notification under subsection (7) must contain a general description of the effect of subsection (6A).
8
A copy of the determination on which appears a certificate signed by an ombudsman is evidence (or in Scotland sufficient evidence) that the determination was made under the scheme.
9
Such a certificate purporting to be signed by an ombudsman is to be taken to have been duly signed unless the contrary is shown.
C5I1C6229 Awards.
1
This section applies only in relation to the compulsory jurisdiction F9....
2
If a complaint which has been dealt with under the scheme is determined in favour of the complainant, the determination may include—
C21a
an award against the respondent of such amount as the ombudsman considers fair compensation for loss or damage (of a kind falling within subsection (3)) suffered by the complainant (“a money award”);
C21b
a direction that the respondent take such steps in relation to the complainant as the ombudsman considers just and appropriate (whether or not a court could order those steps to be taken).
3
A money award may compensate for—
a
financial loss; or
b
any other loss, or any damage, of a specified kind.
4
F104A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A money award may not exceed the monetary limit; but the ombudsman may, if he considers that fair compensation requires payment of a larger amount, recommend that the respondent pay the complainant the balance.
6
The monetary limit is such amount as may be specified.
7
Different amounts may be specified in relation to different kinds of complaint.
8
A money award—
a
may provide for the amount payable under the award to bear interest at a rate and as from a date specified in the award; and
C89
Compliance with a direction under subsection (2)(b)—
a
is enforceable by an injunction; or
b
in Scotland, is enforceable by an order under section 45 of the M1Court of Session Act 1988.
C810
Only the complainant may bring proceedings for an injunction or proceedings for an order.
F1211
“Specified” means specified in compulsory jurisdiction rules.
F1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C9C10230 Costs.
1
The scheme operator may by rules (“costs rules”) provide for an ombudsman to have power, on determining a complaint under the compulsory jurisdiction F14..., to award costs in accordance with the provisions of the rules.
2
Costs rules require the approval of the F6FCA.
3
Costs rules may not provide for the making of an award against the complainant in respect of the respondent’s costs.
4
But they may provide for the making of an award against the complainant in favour of the scheme operator, for the purpose of providing a contribution to resources deployed in dealing with the complaint, if in the opinion of the ombudsman—
a
the complainant’s conduct was improper or unreasonable; or
b
the complainant was responsible for an unreasonable delay.
5
Costs rules may authorise an ombudsman making an award in accordance with the rules to order that the amount payable under the award bears interest at a rate and as from a date specified in the order.
C116
An amount due under an award made in favour of the scheme operator is recoverable as a debt due to the scheme operator.
C11C197
Any other award made against the respondent is to be treated as a money award for the purposes of paragraph 16 of Schedule 17 F15....
C22C18230AF7Reports of determinations
1
The scheme operator must publish a report of any determination made under this Part.
2
But if the ombudsman who makes the determination informs the scheme operator that, in the ombudsman's opinion, it is inappropriate to publish a report of that determination (or any part of it) the scheme operator must not publish a report of that determination (or that part).
3
Unless the complainant agrees, a report of a determination published by the scheme operator may not include the name of the complainant, or particulars which, in the opinion of the scheme operator, are likely to identify the complainant.
4
The scheme operator may charge a reasonable fee for providing a person with a copy of a report.
Pt. XVI applied (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 125 (with reg. 3)