Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
    Basic Account Holder olip74 Novitiate



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    Default Re: Complaint against Ombudsman Services Property

    I exhausted the process as it was advised to me. That is, I appealed the initial decision and, when I didn't accept the outcome of the appeal, I was told that was the end of the matter. From their correspondence:

    To date, we have investigated your complaint and then reviewed our decision
    based on your further representations, as per our process. There is no appeal against the
    Ombudsmanicon’s final decision and our involvement in this case has now ended. As previously
    indicated, you are free to follow other routes to try to sort out the problems in a way that suits
    you better, but as you have confirmed your rejection of the final decision in writing, you have
    now lost the right to any remedy we have set out.

    I wasn't aware of any further level of review (though this may have been different three years ago) and proceeded to contact the CAB who were most helpful in handling my small claimicon submission to the Sheriff Court. They completed most of the paperwork and even served papers to the surveyor's office.


  2. #42
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    Default Re: Complaint against Ombudsman Services Property

    Hi - I had the same reply as this to my initial decision and appeal.

    I think it is actually on this thread that I picked up the fact that there is a further process. Interestingly Ombudsmanicon Service (Property) make you think you cannot take things further as they say you cannot appeal against the Ombudsman decision. (and we think we are dealing with the Ombudsman!). It seems to me that you can appeal against the decision made by an investigation officer, or investigation manager! They just don't want to make this known at all for obvious reasons. The whole process is shambolic.
    I came across information somewhere that indicated only something in the region of 10% of cases actually come to the attention of "The Ombudsman". I have now spent over a year on this process.

    Was your decision made by "an investigation officer"? The final decision only becomes final once accepted. I didn't accept, so the process still goes on.

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  3. #43
    Basic Account Holder olip74 Novitiate



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    Default Re: Complaint against Ombudsman Services Property

    I dealt just with my local CAB office. The case worker was a distinguished elderly gentlemen who had previously been a lawyer so his expertise and knowledge of the process was a great help. I guess the levels of service may vary locally as the CAB is staffed by volunteers and their levels of experience may differ. In Scotland the maximum award in a small claimicon was 3,000 at the time. I could have gone to Summary Cause (IIRC) to claim up to 5,000 or to the High Court for up more but that would have exposed me to defence expenses had I lost (and would have meant I hiring a lawyer too). The process elsewhere in the UK is similar.


  4. #44
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    Default Re: Complaint against Ombudsman Services Property

    Thank you - I believe you were very lucky in being allocated a case worker with the experience and knowledge required.
    I will certainly look into this when I know the final, final outcome from the Ombudsmanicon. My case is particularly complicated unfortunately. I have had advice from a Solicitor and to appoint him to deal with my case would not be a viable option. The small claimsicon process currently has a limit of 10,000 which would be suitable for my case.


  5. #45
    Basic Account Holder olip74 Novitiate



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    Default Re: Complaint against Ombudsman Services Property

    I can't currently post links as I haven't been active enough on this forum but I saw a 2015 article on Property Industry Eye entitled "Ombudsmanicon Services rejects 80% of initial complaints against agents", it should be easy to Google. Things clearly aren't improving! Interestingly after several years of appalling reports from the survey company they were using in 2011, OS:P ditched them. There is a link in that article to their 2014/2015 report. It's all about the numbers but the qualitative stuff, e.g. how people felt about the process, is notable by its absence.

    I found the whole episode extremely stressful. It took a year and a half to exhaust the surveyor's complaints process, then the ombudsman (a waste of time as we agree) and then court. It set us back a lot of time in renovating our property as we had a small budget and had to retain enough money to cover the remedial work in case we were unsuccessful. For the money we eventually received it was just about worth it but I imagine that a lot of people would just have thrown in the towel or taken the palm-off figure at the first round. Think carefully before proceeding as anything can happen in court. Our case was never actually heard; as the surveyors didn't send any representation, we were awarded a default decree. They then (rather bizarrely) claimed they hadn't been made aware of the proceedings (the court records showed they had been served) and would contest the ruling but a cheque eventually came through in the post.


  6. #46
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    Default Re: Complaint against Ombudsman Services Property

    Thanks - did you also know that there are actually 3 different Ombudsmanicon services for Property? This is something else that makes me feel very strongly that they are far from "fair and unbiased". If they find too many cases against their members who pay their salaries, then the members can chose another Ombudsman.

    I am also unable to pm or post links, but I will try to update on here when any further developments occur.


  7. #47
    Basic Account Holder olip74 Novitiate



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    Default Re: Complaint against Ombudsman Services Property

    I would urge anyone who has been a victim of the OS:P to write to their elected representatives (MP, MSP, AM, etc) and demand action to establish a statutory Ombudsmanicon for surveyors. The profession has, for too long, been able to regulate itself and the complaints processes they have established are demonstrably failing. They are getting off lightly compared to the focus financial services firms have received for example (FOS, FCA, BoE, etc, all statutory bodies).



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