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The ombudsman is an independent body that investigates consumer complaints whilst providing unbiased and independent resolutions for individuals. It makes sure that consumer rights are protected and that organisations meet consumer protection laws.
There is not a specific consumer ombudsman but there are many different ombudsman services that cover different consumer situations such as the New Homes Ombudsman which resolves complaints relating to buying new homes or the Financial Ombudsman Service which protects against mortgage mis-selling for instance.
The Consumer Rights Act 2015 protects buyers from faulty goods, poor services, and issues related to contractual agreements. The ombudsman works in line with the law to find solutions where people have been treated unfairly such as rogue traders, where builders have done poor quality work on your home or where products have been bought and later found to be faulty.
The ombudsman aims to put consumers back in the position they were in before the dispute arose. By examining evidence from both consumers and organisations involved, the ombudsman aims to reach a fair resolution between both parties. The ombudsman service is free for consumers and is an alternative to going to court.
When Can You Make a Claim to the Ombudsman?
If you have a complaint, you cannot simply contact the ombudsman. You must first exhaust all the options which includes going through the internal complaints procedure of the company involved in the dispute.
So, you can only make a claim to the ombudsman if you have already lodged a complaint with the organisation and were unable to resolve the issue to your satisfaction.
If a company fails to resolve your complaint or does not respond at all, you will need a letter of deadlock to show that you have done all you can to resolve your complaint. A “letter of deadlock” is a written response from the business in question to say that they cannot do anything further with your complaint. Usually, a company will give you a letter of deadlock within 8 weeks of lodging a complaint. Where the company cannot offer a satisfactory solution to your complaints, you must escalate your complaint to the ombudsman within 12 months of receiving the deadlock letter.
However, if an organisation takes an excessive amount of time to resolve your problem, you can make a claim to an ombudsman to resolve your complaint. In this case, you don’t need a deadlock letter to make a claim. Usually, this will take 6–8 weeks, depending on the ombudsman scheme you opt for.
Before submitting your complaint, it is important to review the requirements and guidelines of the specific ombudsman scheme you intend to use. This is because some ombudsman services may have a time limit for making a complaint or restrictions on the amount of compensation you can be awarded. For instance, some ombudsman schemes may not investigate old complaints. In addition, an ombudsman will not look into your complaint if you have already tried to sue a company by taking the matter to court.
An ombudsman will recommend resolutions after conducting an investigation into your complaint. Resolutions could include a formal apology, a clear explanation of the issue, practical steps taken to rectify the problem, monetary compensation within set limits, or recommendations provided to the company to prevent similar issues in the future.