To the Business, Energy and Industrial Strategy Secretary / Chair of Ombudsman Services.For Clarity - Attempt 651651. Ombudsman Services:Property And The OFT Criterion 10.Dear Mr Clark and Lord Tim Clement Jones,When approving this private redress scheme the OFT set out a number of criteria. Consumers using this service have every right to expect That they are being monitored and met.Criterion 10 states,"10: There must be a range of awards which take into account the level and type of detriment caused.Requirements to meet this criterion:- the level and applicability of awards must be published."That sounds fair and reasonable.The OFT are saying there must be transparency and accountability over the level of awards being given to complainants by the Property Ombudsman..However, the last time this OFT Criterion was met was in 2011/12 when the then Ombudsman, "reduced them significantly." Awards went from an average of £1.511.75p to £900 although DJS Research had indicated that they should actually have been raised to be more in line with the losses property complainants had suffered due to sub-standard RICS surveys and valuations that had led many to make to costly purchasing mistakes.The Ombudsman spoke of these difficult times and promptly made a whole more difficult for consumers.The range of awards made by the Property Ombudsman to complainants has not been published since 2011/12 and so Ombudsman Services:Property does not appear to have complied by this particular OFT Criterion.Q. Lord Tim Clement Jones, why is this redress scheme failing to comply with the OFT Criterion 10?Q. Lord Tim Clement Jones, does this not go some way in explaining why some complainants - you don't say how many - are not satisfied with your, "best efforts?"The EU Directive 2013/11/EU says that the independence and integrity of ADR entities is crucial to gain Union Citizens' trust that ADR mechanisms will offer them a fair and independent outcome.Q. Mr Clark, why have the government monitors of this redress scheme not acted to protect consumers from this organisation's failure to comply with the terms it agreed in order to gain government approval back in 2008?Q. Mr Clark, when Ombudsman Services:Property fails to comply with OFT Criterion over such a crucial issue as the level and applicability of the financial awards it makes, how can consumers have any trust in this organisation's integrity and independence?Yours sincerely,Steve Gilbert - Workstock Number 510458.The Ombudsmans61percent Campaign is at: www.blogspot.com and www.facebook.com - Ombudsmans Sixtyone-percent.
Wednesday, 13 September 2017
Ombudsman Services:Property And The OFT Criterion 10. (661)
Monday, 11 September 2017
Ombudsman Services: Mass Rejection Of Mutually Agreed Settlements (MAS). (660)
To the Business, Energy and Industrial Strategy Secretary / Chair, Ombudsman Services.For Clarity - Attempt 660.660 Ombudsman Services: Mass Rejection Of Mutually Agreed Settlements (MAS)Dear Mr Clark and Lord Tim Clement Jones,Before Mutually Agreed Settlements (MAS) were devised by the executive team at Ombudsman Services there existed a system of Provisional Conclusions.These were sent out to property complainants who then promptly submitted further evidence (the Further Representation Process) in a desperate attempt to combat the woeful inability of staff to understand the nature of complaints or the complexity of property disputes and who often arrived at decisions in an illogical manner.In over 90% of cases the Further Representation Process did not change the outcome of the case for complainants.We know this because of DJS Research's Customer Satisfaction Reports.MAS started in the 2011/12 season.Year Researcher Informally Formally Biggest Area of ComplaintResolved Resolved Complaints Complaints 2011/12 BMG 5% 95% Surveys/valuations 67% 2012/13 BMG 6% 94% Surveys/valuations 60%2013/14 BMG 8% 92% Surveys/valuations 41% 2014/15 BMG 4% 95% Surveys/valuations 42%2015/16 BMG 2% 98%1. Homebuyer survey / valuation 9% 2. Other complaint 5% 3. Property management 4% We're told by the researchers that where mutually agreed settlements are reached there is greater complainant satisfaction. Nothing else. One might wonder what the satisfaction levels were when they aren't reached. We aren't told.Clearly, Mutually Agreed Settlements (Informally Resolved Complaints) have not been a roaring success. They are not an exemplary model of dispute resolution and the Property Ombudsman still "investigates" complaints and imposes a decision in the overwhelming number of cases.Q. Lord Tim Clement Jones, if this were indeed, "an exemplary model of dispute resolution" shouldn't the figures be reversed? Shouldn't over 90% of disputes be being resolved informally?Q. Lord Tim Clement Jones, complaints concerning homebuyer surveys and valuations dropped from 42% in 2014/15 to 9% 2015/16. How do you account for this this?Q. Lord Tim Clement Jones, the three largest areas of consumer property complaint totalled 18%. How do you account for the other 82%?Whereas before the MAS approach to ADR was introduced - and thanks largely to DJS Research's highly revealing Customer Satisfaction Reports - the consumer was able to discover why they had been let down by the system, now they're left in the dark.Q. Lord Tim Clement Jones, why aren't the same questions being asked of the investigation process?Q. Lord Tim Clement Jones, why aren't property complainants being asked if they are; very satisfied / satisfied / dissatisfied / very dissatisfied with the way in which their complaint has been investigated?Q. Lord Tim Clement Jones, why aren't those property complainants being handed a 50 quid financial award asked if they are satisfied with it or not?Criterion 8 of the OFT's approval of this scheme states:"The scheme's operation and its procedures must be transparent.The scheme must publicise:- The decision making arrangements.- The rules serving as a basis for decisions.- The provision for expert advice to assist with an investigation.The scheme must also:- Ensure that complainants are provided with clear, comprehensible and accurate information on the procedures possible outcomes, avenues for appeal or review of the decision, and whether the outcome is binding."Q. Mr Clark, your department has a close and continuing relationship with Ombudsman Services. It would appear that property complainants are no longer being asked if they are satisfied with the way in which their complaint has been dealt with. How does this satisfy the OFT's Criterion 8?It would appear that along with DJS Research's departure went transparency and accountability.Q. Mr Clark, how does the lack of transparency and accountability at Ombudsman Services satisfy the requirements of Directive 2013/11/EU of the European parliament and of the Council 21 May 2013 at: 30) 31) and 32?Yours sincerely,Steve Gilbert - Workstock Number - 510458The Ombudsmans61percent Campaign is at: www.blogspot.com and www.facebook.com Ombudsmans Sixtyone-percent.
Ombudsman Services: Julia's Thoughts On Lewis's Model. (659)
To the Business, Energy and Industrial Strategy / Chair, Ombudsman Services.For Clarity - Attempt 659.659. Ombudsman Services: Julia's Thoughts On Lewis's Model.Dear Mr Clark and Lord Tim Clement Jones,Julia's short message to the Ombudsmans61percent Campaign still remains one of the most insightful things written about private redress and so-called, "civil justice" that we've read so far.She said,"We chuckle when we read the reply from our surveyor to our complaint - please refer to the Surveyors Ombudsman!! That was a no risk strategy for them.It has been eyewateringly ludicrous! We have suffered financial loss and severe health issues.I really do want to tell my story if for nothing more than to help other people."Here is someone who has also been on the receiving end of The Rev Shand Smith's exemplary model and yet still has the generosity and humanity to chuckle and want, "to help other people."It remains a great shame that someone with Julia's qualities wasn't the Chief Ombudsman and CEO of this private redress scheme. We are confident she would have operated a different model - one where there would be far less suffering and far fewer inadequately regulated cowboy RICS surveyors in this world.Q. Lord Tim Clement Jones, why does your exemplary model of private redress and private civil justice no longer ask property complainants if their customer journey has been eyewateringly ludicrous or not?Q. Lord Tim Clement Jones, doesn't this failure to consult meaningfully with property complainants suggest that the standards of integrity and independence required in section 32) of the European Directive 2013/11/EU simply aren't being met?Q. Lord Tim Clement Jones, the number of inadequately regulated RICS surveyors opting for, "the no risk strategy" has rocketed - why?We already have victims of historical sex abuse, victims of abusive NHS DST so-called, "Assessments" and now, it would seem, we can add to an ever growing list - victims of historical private redress abuse.What has emerged is a growing battalion of people with very impressive sounding job titles who, with little or no transparency or accountability, know that they are virtually free to do less than impressive things to their fellow countrymen and women.The pursuit and control of money structures how these de-regulated markets operate. Otherwise things would be different. But they aren't.Q. Mr Clark, the Privy Council and Andrea Leadsom, Lord President of the Council, apparently ensure that the RICS is fulfilling its obligations as set out in its Royal Charter. How has the RICS been able to develop practices that do not work in the customer's interests and how do those practices fulfil RICS obligation to act for the public good?Q. Mr Clark, one such dodgy practice is the no-risk strategy it has cosily arranged with its appointed staff at Ombudsman Services. How does this no-risk strategy cunningly devised by RICS fit with The Rev Shand Smith's exemplary model of private alternative dispute resolution?Q. Mr Clark, why does this exemplary arrangement leave people like Julia to chuckle and wish to tell their story if for nothing more than to help other people?
Yours sincerely,
Steve Gilbert - Workstock Number - 510458.The Ombudsmans61percent campaign is at: www.blogspot.com and www.facebook - Ombudsmans Sixtyone-percent
Sunday, 10 September 2017
Ombudsman Services - And Its, "Proportionate" Financial Awards. (658)
To the Business, Energy and industrial Strategy Secretary / Chair, Ombudsman Services.For Clarity - Attempt 658.658) Ombudsman Services - And Its, "Proportionate" Financial Awards.Dear Mr Clark and Lord Tim Clement Jones,The company's literature informs the complainant that financial awards are: "proportionate," designed not to punish the Member Firm / Participating Company and miraculously able to return the aggrieved complainant happily to a point before all the nonsense happened.It is a fairy-tale for grown-ups involving a peculiar form of time travel..The word, "proportionate" is hard to define.MacMillan Dictionary states;"Proportionate - correct or suitable in size, amount, or degree when considered in relation to something else."Many other dictionary definitions immediately offer the enquirer another word - "proportional."It's a slippery word.Q. Lord Tim Clement Jones, when in 2010 the vast majority of property complainants further complained that £1.511.75p went nowhere near compensating them for the significant losses incurred as a result of RICS' incompetence, how can a 50 quid financial award in 2016 be considered - correct or suitable?Q Lord Tim Clement Jones, is the, "when considered in relation to something else" not directly related to the, "expressions of some concern over" the, "apparent recent rise in the levels of award" which led the Property Ombudsman to significantly reduce the levels of financial award paid by RICS surveyors to their clients?The MacMillan Dictionary goes on to provide synonyms and words related to, "proportionate." These are; relevant, appropriate and applicable.This private redress scheme and the RICS monitors of its executives' performance in, "effectively resolving disputes" not only consider a 50 quid financial award to be; relevant, appropriate and applicable but also seemed unfazed that the Independent Assessor should also find significant failings in cases and instances of maladministration in this particular ombudsman organisation.Q. Mr Clark, your department has a close and continuing relationship with this private redress scheme, wouldn't a far more suitable word for a 50 quid financial award be - "disproportionate?"The EU Directive 2013/11/EU of the European Parliament of the Council May 21st 2013 at 31) states;"The Member States should ensure that ADR entities resolve disputes in a manner that is fair, practical and proportionate to both the consumer and the trader, on the basis of an objective assessment of the circumstances in which the complaint is made and with due regard to the rights of the parties."Q. Mr Clark, when the majority of complainants were forced - unsuccessfully - to resort to this company's Further Representation Process in order to attempt to gain justice how does that meet the company's requirement, as determined by the EU Directive, to resolve disputes in a fair, practical and proportionate manner?Since Mutually Acceptable Settlements MAS were introduced to replace the catastrophic Provisional Conclusions, over 90% of property complainants consistently reject them. One catastrophe seems to have been replaced with another.One party - RICS Surveyors - continue not to complain.Q. Mr Clark, why haven't the government monitors of this government approved scheme intervened to protect consumers from this MAS failure to objectively assess cases in a fair, practical and proportionate way?Q. Mr Clark, why have the rights of one aggrieved party - property complainants - been totally subsumed by those of RICS surveyors?Q. Mr Clark, how does this carefully organised on-going injustice meet the requirements of the EU Directive for fair and proportionate redress?Yours sincerely,Steve Gilbert - Workstock Number - 510458.The Ombudsmans61percent Campaign is at: www.blogspot.com and www.facebook.com - Ombudsmans Sixtyone-percent.
Thursday, 7 September 2017
Ombudsman Services:Property 50Poundland. (657)
To the Business. Energy and Industrial Strategy Secretary / Chair of Ombudsman Services.For Clarity - Attempt 657.657. Ombudsman Services:Property 50Poundland.Dear Mr Clark and Lord Tim Clement Jones,We are told by Ombudsman Services' CEO and Chief Ombudsman, The Rev Shand Smith, that the scheme he operates offers complainants an exemplary model of alternative dispute resolution.We at the Ombudsmans61percent Campaign dispute that claim.In 2010, DJS Research had brought to his attention the widespread complainant dissatisfaction with financial awards averaging £1.511.75p. "Awards" that in no-way compensated complainants for the losses they'd incurred due in most documented cases to poor RICS surveys and poor RICS valuations.In a globalised world economy which has seen property prices soar in this country, Ombudsman Services were able - incredibly - to buck this global trend and somehow managed to take their financial awards not upwards (as suggested by DJS Research) but downwards.They now languish in the Ombudsman Services' bargain basement at a less than generous 50 quid.We wonder what odds Betfred are offering for them to drop even further.This remarkable race to the bottom happened even though; Walter Merricks (former Financial Ombudsman) and Steve Gould (RICS Global Head of Regulation) were on the board, even though the RICS had a Memorandum of Understanding with the company and were in regular contact with the executives to ensure the effective resolution of disputes and even though government monitors were, "monitoring" the scheme on behalf of the taxpayer.Q. Lord Tim Clement Jones, although DJS Research reported widespread complainant dissatisfaction when financial awards were standing at £1.511.75p, BMG were able to report largely positive findings - they don't say how many - after they'd plummeted. How do you account for this unique economic phenomenon and for property complainants' delight at being handed a 50 quid award?The CEO and Chief Ombudsman appears to be saying that imposed MAS (Mutually Acceptable Settlements) decisions which result in a tenfold decrease in financial award went down pretty positively and form a key part of his exemplary model.Q. Lord Tim Clement Jones, if over 90% of Mutually Acceptable Settlements (MAS) are being imposed by the Property Ombudsman, how are they in any way, "mutual" and why is this, "acceptable?"Q. Lord Tim Clement Jones, what part of the exemplary model do Mutually Acceptable Settlements play when they aren't being mutually accepted by the overwhelming majority of property complainants?The Directive 2013/11/EU of the European Parliament and of the Council at 25) states,"....Furthermore, in order to ensure that ADR entities can operate effectively, those entities should have the possibility of maintaining or introducing, in accordance with the laws of the member States in which they are established, procedural rules that allow them to refuse to deal with disputes in specific circumstances, for example where a dispute is too complex and would therefore be better resolved in a court."Q. Mr Clark, DJS Research discovered that investigating officers at Ombudsman Services:Property did not understand the nature of property cases or their complexity, that the Property Ombudsman arrived at decisions in an illogical manner, that complainants were forced to resort to the company's Further Representation Process but that none of this changed the outcome of what appeared to be pre-ordained decisions - otherwise, surely the outcomes would have been different. Clearly, these disputes were too complex for OS:Property to handle. Wouldn't they have been better resolved in a court?Q. Mr Clark, when over 90% of property complainants refuse this scheme's Mutually Acceptable Settlements it would suggest that there continues to be widespread consumer dissatisfaction with Ombudsman Services:Property and that this particular ADR entity is still failing to resolve disputes in a manner that is fair, practical and proportionate (31 of the EU Directive). Why is this dissatisfaction no longer being documented and reported on?Q. Mr Clark, how can government monitors of this government approved scheme be satisfied with such an unsatisfactory state of affairs?Yours sincerely,Steve Gilbert - Workstock Number - 510458.The Ombudsmans61percent Campaign is at: www.blogspot.com and www.facebook.com - Ombudsmans Sixtyone-percent.
Wednesday, 6 September 2017
Ombudsman Services. Exemplary Maladministration. (656)
To the Business, Energy and Industrial Strategy Secretary / Chair, Ombudsman Services.For Clarity - Attempt 656.656. Ombudsman Services. Exemplary Maladministration.Dear Mr Clark and Lord Tim Clement Jones,On the one hand we have a CEO and Chief Ombudsman proclaiming an exemplary model of redress in which, "our decisions are our product" and on the other a former Chair questioning whether they were actually delivering this spectacular service and an Independent Assessor who was surprised to see such instances of maladministration in an ombudsman organisation.If you add that to a list that includes;- arriving at decisions in an illogical manner,- failing to understand the complexity of property disputes,- delay,- rudeness,- complainants being forced to resort to the company's Further Representation Process,- Further Representations that in 91% of cases didn't change the outcome,- MPs being asked by their constituents to intercede on their behalf,- MPs being subject to delays,- mass rejection by complainants of the MAS scheme which replaced Provisional Conclusions,- vanishing performance data seen only by the RICS, apparently,- vanishing financial awards,- the denial of complainants' Human Rights,. etc, etc.it would suggest that this scheme was anything but, "exemplary."An ex-exemplary scheme.An emplary scheme instead. One where its findings are emplarous and its maladministrators - emplarors.Its product needs to be re-called.Q. Mr Clark, how did the government monitors of this government approved scheme permit such a situation to arise?Q. Mr Clark, the Directive 2013/11/EU of the European Parliament and of the Council, at 32) states - "the independence and integrity of ADR entities is crucial to gain Union citizens' trust that ADR mechanisms will offer them a fair and independent outcome." How does any of the above achieve fulfil that obligation - of trust and integrity - to Europe and to our citizens?Ombudsman Services:Property has gone from Harrods to 50Poundland in seven years. (Average financial award £1.511.75p in 2010 to 50 quid in 2017)TPOS on the other hand, award property complaints an average of £531.Q. Lord Tim Clement Jones, if the service you offer the complainant is exemplary, what does that makes TPOS'? Exemplarylary - exemplary-squared?Q. Lord Tim Clement Jones, does the maladaministration and vanishing accountability and transparency explain why there are some - you don't say how many - who are so very dissatisfied with your, "best efforts?"
Tuesday, 5 September 2017
Ombudsman Services, Bell Pottinger and Regulation (655)
Q. Mr Clark, the monitors were in receipt of this company's surveys and annualTo the Business, Energy and Industrial Strategy Secretary / Chair, Ombudsman Services.For Clarity - Attempt 655.655. Ombudsman Services, Bell Pottinger and Regulation.Dear Mr Clark and Lord Tim Clement Jones,We see that Bell Pottinger has been expelled from a PR trade body because it was unethical and brought the industry into disrepute.The Public Relations and Communications Association director Francis Ingham said, "Bell Pottinger did worst work I've ever seen." He went on to say, "Bell Pottinger has brought The PR and Communications Industry into disrepute with its actions and has received the harshest possible sanctions....The PRCA has never before passed down such a damning indictment of an agency's behaviour."The Public Relations and Communications Association (PRCA) is a regulator which clearly regulates.Unfortunately, the same cannot be said of The Ombudsman Association (OA) - formerly, The British and Irish Ombudsman Association or BIOA.We contacted the secretary of the Ombudsman Association to ask him that if being a member of this august association required members to have a whistleblowing policy in place, why was it that one of his members - Ombudsman Services - did not have such a policy. And that the Ombudsman Association's CEO and Chief Ombudsman was also a board member of the Ombudsman Association but that his company didn't have such a policy..How was it possible for a board member of the Ombudsman Association - which required its participating companies to have a whistleblowing policy in order to become members of the association - have a board member, The Rev Shand Smith, who was CEO and Chief Ombudsman of a company which didn't? Wasn't this somewhat unethical?Apparently not. We were told by the secretary that he was in the course of reconfirming the membership of ALL his members.We now see that The Rev Shand Smith is the Chair of the Ombudsman Association.An alternative dispute resolution scheme without a whistleblowing policy is like a car without seat-belts, a ferry without lifeboats or a member of parliament without an expenses account.Q. Mr Clark, why has the government approved a redress scheme - one which handles complex and costly property disputes - when it doesn't even have a whistleblowing policy?Q. Mr Clark, what might such a redress scheme wish to keep from public scrutiny?We also wrote to the Ombudsman Association's secretary about maladministration at Ombudsman Services.We asked the secretary, if the Ombudsman Association state in their present day rules that;"The Association will only give recognition to Ombudsman's Offices whose primary role is to handle complaints by individuals about; maladministration, unfair treatment, poor service or other inequitable conduct by those subject to investigation."wouldn't he be both shocked and prompted to take action about the following revelation made by the Ombudsman Services Independent Assessor in her First and Last Report;"I was concerned by the scale and significance of the failings I identified in certain cases.I was surprised to find such instances of maladministration in an ombudsman organisation."(For The Good - annual report and accounts 2014-15)The Ombudsman Association's secretary didn't reply. (please see Ombudsmans61percent Campaign blog: 467)Q. Mr Clark, how was a situation whereby those supposedly, "investigating" maladministration, unfair treatment and poor service and other inequitable conduct, able themselves to engage in maladministration?Q. Mr Clark, what were the government monitors of this government approved scheme monitoring at the time of this maladministration?
reports, what actions did they take to protect the consumer on discovering that the company was engaging in the maladministration of consumers' complaints?
Q. Mr Clark, Directive 2013/11/EU of the European Parliament of the Council at 31) states,"The Member State should ensure that ADR entities resolve disputes in a manner that is fair, practical and proportionate to both the consumer and the trader on the basis of an objective assessment of the circumstances in which the complaint is made and with due regard for the rights of parties."How does Ombudsman Services' significant maladministration of consumers' complaints satisfy this requirement?The CEO and Chief Ombudsman of a private ADR scheme which maladministers consumers' complaints and which doesn't have a whistleblowing policy also sits as Chair of the association that has rules to regulate such behaviour, but doesn't.Q. Lord Tim Clement Jones, does this not go some way in explaining why some consumers - you don't say just exactly how many - have the temerity to say your best efforts are simply not good enough?Q. Lord Tim Clement Jones, if James Henderson had also been Chair of The Public Relations and Communications Association, do you believe that the outcome in the Bell Pottinger scandal would have been the same?The consumer must be left wondering just how much maladministration, unfair treatment, poor service and other inequitable treatment it takes before the Political Establishment grinds into some sort of action.How much unethical behaviour is needed before the private redress industry is brought into disrepute?Yours sincerely,Steve Gilbert - Workstock Number - 510458.The Ombudsmans61percent campaign is at: www.blogspot.com and www.facebook.com Ombudsmans Sixtyone-percent>
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