What we can’t help with (PSR)

1. Complaints about other bodies:

Under the PSR Complaints Scheme, the Complaints Commissioner can only consider complaints about the PSR. He cannot consider complaints about the actions of regulated firms, the Financial Ombudsman Service, the Financial Services Compensation Scheme, or the Money Advice Service.

If your complaint is about a firm, you should complain to that firm.

If you have already complained to the firm, you should complain to the Financial Ombudsman Service.

If your complaint is about the Financial Ombudsman Service, your complaint should be directed to the Independent Assessor.

If your complaint is about the Financial Conduct Authority, the Prudential Regulatory Authority, or the Bank of England, please see How we can help.

 

2. The Commissioner cannot consider complaints about the PSR if they involve

  • determining the general policy and principles by reference to which it performs particular functions, in accordance with section 49(4)(c) FSBRA;
  • issuing general or specific directions to Participants to require specific action or prohibit it, and to set standards under section 54 FSBRA;
  • issuing a generally-imposed or specific requirement that Operators establish rules; change or notify them, or keep the rules unchanged, under section 55 FSBRA;
  • requiring the Operator or any Payment Service Provider with direct access to a Regulated Payment System to enable an applicant to become a Payment Service Provider in relation to that system under section 56 FSBRA;
  • varying agreements between:
    • the Operator of a Regulated Payment System and a Payment Service Provider,
    • a Payment Service Provider with direct access to a Regulated Payment System and another person for the purpose of enabling that other person to become a Payment Service Provider, or
      concerning fees or charges payable in connection with participation in a Regulated Payment System or the use of services provided by a Regulated Payment System under section 57 FSBRA;
  • requiring disposal of an interest in a Regulated Payment System or Infrastructure Provider under section 58 FSBRA;
  • deciding on the action to take, if any, in response to a complaint by designated representative bodies (‘Super-Complaints’) under sections 68 and 69 FSBRA;
  • giving general guidance about how the PSR intends to discharge its functions under section 96 or guidance in relation to Super-Complaints under section 70 FSBRA;
  • publishing a statement on the principles to be followed for the imposition of a penalty or its amount as required by section 73(3) FSBRA;
  • considering in accordance with section 62 FSBRA whether to exercise powers under the Competition Act 1998 before exercising power to give a direction under section 54 (except a general direction), power to impose a requirement under section 55 (except a generally-imposed requirement) and powers under sections 56, 57 and 58 FSBRA;
  • exercising the PSR’s competition underthe Enterprise Act 2002 and the Competition Act 1998 under sections 59 and 61 FSBRA respectively;
  • adopting decisions in the exercise of the functions, duties or obligations allocated to the PSR as competent authority under any relevant EU legislation

3. Other reasons why the Commissioner and PSR may not investigate a complaint

  • Complaints which they reasonably consider amount to no more than dissatisfaction with the PSR’s general policies or with the exercise of, or failure to exercise, a discretion where no unreasonable, unprofessional or other misconduct is alleged.
  • Complaints that are more appropriately dealt with in another way (for example, through the courts)