DISP 2.7 Is the complainant eligible?

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. It is immaterial whether the person authorised to act on behalf of an eligible complainant is himself an eligible complainant.125

Eligible complainants

DISP 2.7.3 R 01/04/2019 RP

(1) a consumer3; or193
(2) a micro-enterprise3 ; 3
1. (a) 3in relation to a complaint relating wholly or partly to payment services, either at the time of the conclusion of the payment service contract or at the time the complainant refers the complaint to the respondent; or
2. (b) otherwise, at the time the complainant refers the complaint to the respondent; or19
DISP 2.7.4 G 01/04/2019 RP
In determining whether an enterprise19 meets the tests for being a micro-enterprise or a small business19, account should be taken of the enterprise’s 'partner enterprises' or 'linked enterprises' (as those terms are defined in the Micro-enterprise Recommendation). For example, where a parent company holds a majority shareholding in a complainant, if the parent company does not meet the tests for being a micro-enterprise or a small business19 then neither will the complainant.

[Note: articles19 1 and 3 to 619 of the Annex to the Micro-enterprise Recommendation].125
DISP 2.7.5 G 06/04/2008 RP
If a respondent is in 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.125
DISP 2.7.5A R 01/04/2019
19A guarantor shall be an eligible complainant only to the extent that their complaint arises from matters relevant to the relationship with the respondent referred to in DISP 2.7.6R(10) .
DISP 2.7.6 R 02/08/2024 RP
To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent:125
1. (1) the complainant is (or was) a customer,627payment service user3 or electronic money holder627 of the respondent;
2. (2) the complainant is (or was) a potential customer,627payment service user3 or electronic money holder627 of the respondent;
3. (2A) the complainant is (or was) a payer in a payment transaction in relation to which the respondent is (or was) the payee’spayment service provider, provided the complaint relates to the respondent’s obligations under regulation 90(3) of the Payment Services Regulations;18
4. (2B) the complainant is a person that has transferred funds as a result of an alleged authorised push payment fraud and both:18
  1. (a) the respondent is (or was) involved in the transfer of the funds; and18
  2. (b) the complaint is not a PSD complaint;18
  1. (a) the operator of a scheme;729 or12
  2. (b) the depositary of an authorised fund; or729
  3. (c) the depositary of a charity AIF;729 or12
  4. (d) the depositary of an LTIF20; 12
  1. (a) the AIFM of an unauthorised AIF (other than a body corporate);729 or12
  2. (b) the AIFM or depositary of a LTIF20 (other than a body corporate)12; or729
  3. (c) the AIFM or depositary of a charity AIF (other than a body corporate)12;729
  1. (a) a mortgage;
  2. (b) a loan;
  3. (c) an actual or prospective regulated credit agreement;830830
  4. (d) an actual or prospective regulated consumer hire agreement; or
  5. (e) any linked transaction as defined in the Consumer Credit Act 1974 (as amended);
  1. (a) from whom the respondent has sought to recover payment under acredit agreement or consumer hire agreement830 (whether or not the respondent is a party to the agreement); or285262830285
  2. (b) in relation to whom the respondent has sought to perform duties, or exercise or enforce rights, on behalf of the creditor or owner, under acredit agreement or consumer hire agreement830 in carrying on debt administration;830262830830
  DISP 2.7.6A R 02/08/2024
  1. (1) DISP 2.7.6R (14A) does not include proceeds of a contract of insurance held in a lifetime ISA if their transfer to a dormant asset fund operator resulted in (or would result in) liability to pay a lifetime ISA government withdrawal charge.23
  2. (2) DISP 2.7.6R(14D) does not include client money held in a lifetime ISA if its transfer to a dormant asset fund operator resulted in (or would result in) liability to pay a lifetime ISA government withdrawal charge.23
  DISP 2.7.6B R 01/08/2022
  Benefits under a personal pension scheme in DISP 2.7.6R(14B) are excluded from being ‘eligible pension benefits’ if (or to the extent that) they are provided from sums invested in a with-profits fund.22
  DISP 2.7.7 G 31/01/2019 RP
  1. (1) 12518DISP 2.7.6R (5) and DISP 2.7.6R (6) 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.
  2. (2) DISP 2.7.6R(2B) includes any complaint that the respondent did not do enough to prevent, or respond to, an alleged authorised push payment fraud. 18
  DISP 2.7.7A R 01/04/2018
  16In addition, an individual is an eligible complainant if:
  1. (1) they have been identified by the respondent as a politically exposed person, a family member of a politically exposed person, or a known close associate of a politically exposed person; and
  2. (2) their complaint:
    1. (a) is that such identification is incorrect; or
    2. (b) relates to an act or omission by the respondent in consequence of such identification.
    DISP 2.7.8 G 29/07/2022 RP
    1. (1) wishes to have a relevant new complaint, a relevant transitional complaint a relevant new claims management complaint, or a relevant transitional funeral plan complaint21 dealt with by the Ombudsman; and 17
    2. (2) is not otherwise eligible; but
    3. (3) would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant17 order came into effect;
    if the Ombudsman considers it appropriate, he may treat the complainant as an eligible complainant.
    
    Exceptions
    DISP 2.7.9 R 24/02/2017 RP
    1. (1) (in all jurisdictions) a firm, payment service provider,3electronic money issuer, 627CBTL firm, designated credit reference agency, designated finance platform13 or VJ participant whose complaint relates in any way to an activity which: 8301110
      1. (a) the firm itself has permission to carry on; or
      2. (ab) 3the firm,627payment service provider, 10electronic money issuer,11CBTL firm,13designated credit reference agency11 or designated finance platform13 itself is entitled to carry on under the Payment Services Regulations,11 the Electronic Money Regulations,11 the MCD Order,13 the Small and Medium Sized Business (Credit Information) Regulations11or the Small and Medium Sized Business (Finance Platforms) Regulations13; or62762710627101010
      3. (b) the VJ participant itself conducts; 830
      1. (2) (in the Compulsory Jurisdiction) a complainant, other than a trustee of a pension scheme trust, who was:
        
        (a) a professional client; or
        
        (b) an eligible counterparty;
        
        in relation to the firm and activity in question at the time of the act or omission which is the subject of the complaint.14
        DISP 2.7.9A R 09/07/2015 RP
        9 31 DISP 2.7.9 R (1) and DISP 2.7.9 R (2) do not apply to a complainant who is a consumer in relation to the activity to which the complaint relates.
        DISP 2.7.10 G 06/04/2008 RP
        
        (1) where the former scheme in question is the Insurance Ombudsman Scheme, a complainant is not to be treated as an eligible complainant unless:
        
        (a) he is an individual; and
        
        (b) the relevant new complaint does not concern aspects of a policy relating to a business or trade carried on by him;
        
        (a) he is an individual; and
        
        (b) he is acting otherwise than solely for the purposes of his business; and
        
        (a) the relevant transitional complaint does not relate to a breach of the Mortgage Code published by the Council of Mortgage Lenders;
        
        (b) the complaint concerns physical injury, illness, nervous shock or their consequences; or
        
        (c) the complainant is claiming a sum of money that exceeds £100,000.

DISP 2.7 Is the complainant eligible?

Eligible complainants

Exceptions