The Financial Ombudsman Service (FOS) has published a consultation paper on proposed amendments to DISP, the FCA's Dispute Resolution Complaints sourcebook. The amends relate to the Alternative Dispute Resolution Directive (ADR Directive) and to pension transfers.
The key proposals are to:
- make minor amendments to DISP 3.2.2R and 3.2.2AR to take account of broader changes to DISP made by the Alternative Dispute Resolution Directive Instrument 2015 (FCA 2015/25; FOS 2015/1) to reflect the ADR Directive.
- amend the definition of "chargeable case" to allow FOS to charge for those cases where a business and a consumer agree that FOS can consider a complaint by reference to what is fair and reasonable, rather than in accordance with the scheme rules.
- amend the voluntary jurisdiction rules to bring them in line with the FCA's proposed changes to its pension transfer rules set out in its March 2015 consultation paper (CP15/7).
Responses to the consultation closed on 2 June 2015 and it is expected that the proposed FOS instruments will be in force shortly afterwards, before the ADR Directive comes into effect on 9 July 2015.