C5C6Part XVI The Ombudsman Scheme
Pt. 16 applied (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 76(2) (with reg. 3)
Determination of complaints
C1C2228 Determination under the compulsory jurisdiction.
1
This section applies only in relation to the compulsory jurisdiction F1and to the consumer credit jurisdiction.
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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
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require the complainant to notify him in writing, before a date specified in the statement, whether he accepts or rejects the determination.
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If the complainant notifies the ombudsman that he accepts the determination, it is binding on the respondent and the complainant and final.
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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.
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The ombudsman must notify the respondent of the outcome.
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.
Pt. 16 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)