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Thursday, 6 August 2020
SHARPER TEETH: THE CONSUMER NEED FOR OMBUDSMAN REFORM: An Analysis By The Ombudsmans61percent campaign (7) Page 11:
INTRODUCTION
We're told that:
"In an ideal world consumers would not experience problems with firms or other organisations they interact with. But when something does go wrong, consumers need to be adequately protected. It is always better if consumers and businesses can resolve problems between themselves, but if this has not worked, consumers need a route to seek a remedy. If found in favour of the consumer, that could be monetary redress, an apology or a practical solution."
The report tells us that the best performing ombudsman service is the Financial Ombudsman Service. It doesn't tells us who the worst is or why Ombudsman Services:Property went from a 61% consumer dissatisfaction rate to 84% when (mis)handling high-cost consumer complaints.
The report doesn't record the dramatic lowering of so-called "financial awards" by the property ombudsman - a drop from £1150.75p to £50 - and it crucially doesn't offer an explanation for it. Perhaps the researchers didn't read the company's minutes or analyse the Customer Satisfaction Reports as carefully as they should have.
The report fails to mention that Ombudsman Services:Property was once more accurately called The Surveyors Ombudsman Service (SOS) - a service for surveyors paid for by the members' fees. How this satisfies claims to independence and impartiality isn't explained.
The steady year on year increase of dissatisfied clients being despatched to their surveyor's ombudsman isn't mentioned let alone explained.
Nor is the reason for that "despatching" addressed: Surveyors' Reports + Evaluations.
There was a clear financial incentive in RICS unregulated / self-regulating surveyors NOT resolving their disputes with their clients - they knew that their ombudsman was, "arriving at decisions in an illogical manner" (DJS Research: Customer satisfaction Report) and lowering financial awards dramatically.
If Martin Lewis didn't know this at the time he did soon afterwards because we sent this to him AND Yvonne Fovargue of the APPG.
While consumers can go to court, this is expensive, time-consuming and can be overwhelming. It is often not a realistic option. This is particularly the case when the problem is with a relatively low-cost product or service, as the costs would vastly outweigh any potential benefits. Against this backdrop, a system of Alternative Dispute Resolution (ADR) has developed as an alternative to going to court. Unlike courts, ADR providers can come to a decision based on fairness, as well as the law.
ADR providers can come to a decision based on "fairness" but the mostly don't and certainly not at Ombudsman Services:Property - even MSE's own data tells them this. But for reason they avoided explaining it.
ADR encompasses a variety of different bodies that deal with complaints between individuals and organisations. Some ADR providers call themselves ‘ombudsmen’ – and even within this group there is diversity of powers, status in law, and consumer outcomes.
This report reviews the landscape of ombudsmen in the UK, seeking to provide a working understanding of: • how ombudsmen fit into the bigger ADR picture • the forms ombudsmen take • the work ombudsmen do • the powers ombudsmen have.
Like all empire builders ombudsmen have occupied the landscape accrued enormous powers and to all intents and purposes avoided being held to account - especially by Martin Lewis and Yvonne Fovargue and her APPG.
In a key part of its research, MoneySavingExpert.com conducted an online survey of consumer experiences of ombudsmen. The results provided both a detailed and a high-level view of consumers’ perceptions and experiences. The findings show there is a mixed experience of ombudsmen, but on balance the best performing ombudsman in our survey is the Financial Ombudsman Service, particularly when taking into account the consumer perception of its outcomes being put into action.
But on one of the worst performing ombudsmen in their survey - the Ombudsman Services:Property ombudsmen - they are silent.
Sadly for the consumer, Martin Lewis - rather taking into account his evidence and amending his report accordingly - has chosen to "stand by it."
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