Complaints and disputes
We will investigate concerns but there are strict criteria
The PSR has created separate regulatory processes for handling different types of dispute or complaint.
A decision to handle a dispute or investigate a complaint will depend on whether it helps us advance one or more of our statutory objectives, functions or duties under our Powers and Procedures Guidance (see box, right) published as part of our Policy Statement. We are unlikely to pursue an action which doesn't clearly do that.
Complaints relate to compliance with rules. This could be about someone breaching or failing to comply with a legal obligation. For example, a decision we have issued, a regulatory direction we have made or a regulatory requirement we have imposed, or with legislation such as competition rules.
Representative bodies designated by HM Treasury have the right to make 'super-complaints' to the PSR about features of the payment systems market in the UK if they believe they are, or appear to be, significantly damaging to the interests of service-users.
Our Super-Complaints Guidance sets out the specific process to be followed and how we will handle super-complaints.
Disputes are disagreements between participants, or between participants and service-users.
The main kind of dispute we may handle is covered in sections 56 and 57 of the FSBRA. Applications about these disputes relate to access to payment systems – either granting new access, or modifying the fees, charges, terms of conditions of existing access to payment systems or participation in payment systems. Other disputes between participants, or between participants and service-users (over matters other than access to payment systems under sections 56 or 57 FSBRA) may also be put to us for consideration, but we are not a substitute or alternative to the courts in determining and enforcing private legal rights.
Anyone submitting a complaint, super-complaint or dispute must identify in their application and in any supporting documents any information which they consider to be confidential and which, if disclosed, could significantly harm the legitimate interests of the parties involved.
They must also explain why they consider that information is confidential. Blanket claims of confidentiality are not acceptable.
We also require non-confidential versions of complaints, super-complaints or disputes to be submitted, as well as a version of any supporting documentation where all confidential information has been removed.
Wherever possible please provide all documentation in Word format or searchable PDF.