101.—(1) This regulation applies in relation to complaints from payment service users who are not eligible within the meaning of section 226(6) of the 2000 Act (the ombudsman scheme – compulsory jurisdiction).
(2) A payment service provider must put in place and apply adequate and effective complaint resolution procedures for the settlement of complaints from payment service users about the rights and obligations arising under Parts 6 and 7.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) When a payment service provider receives a complaint from a payment service user, the payment service provider must make every possible effort to address all points raised in a reply to the complaint on paper or, if agreed between payment service provider and payment service user, in another durable medium.
(5) Subject to paragraph (6), the reply must be provided to the complainant within an adequate timeframe and at the latest 15 business days after the day on which the payment service provider received the complaint.
(6) In exceptional situations, if a full reply cannot be given in accordance with paragraph (4) for reasons beyond the control of the payment service provider, the payment service provider must send a holding reply, clearly indicating the reasons for the delay in providing a full reply to the complaint and specifying the deadline by which the payment service user will receive a full reply.
(7) The deadline specified under paragraph (6) must not be later than 35 business days after the day on which the payment service provider received the complaint.
(8) The payment service provider must inform the payment service user about the details of one or more providers of dispute resolution services able to deal with disputes concerning the rights and obligations arising under this Part and Part 6 (information requirements for payment services), if the payment service provider uses such services.
(9) The payment service provider must also make available in a clear, comprehensive and easily accessible way—
(a)the information referred to in paragraph (7); and
(b)details of how to access further information about any provider of dispute resolution services referred to in paragraph (8) and the conditions for using such services.
(10) The information to be made available under paragraph (8) must be made available—
(a)on the website of the payment service provider (if any);
(b)at branches of the payment service provider (if any); and
(c)in the general terms and conditions of the contract between the payment service provider and the payment service user.
Textual Amendments
F1Reg. 101(3) omitted (31.12.2020) by virtue of The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1201), reg. 1(3), Sch. 2 para. 49 (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)