MSE News: More dispute bodies planned to take on dodgy firms 21 January 2011 at 5:00PM in Consumer Rights 13 replies 1.8K views

Former_MSE_Guy

This is the discussion thread for the following MSE News Story:

"The European Commission wants to establish far more dispute schemes, such as the Financial Ombudsman Service ..."

Read the full story:
More dispute bodies planned to take on dodgy firms

dmg24

Does the EC propose how to fund such schemes?

Where such a service is not available, many are forced down the arduous and expensive court route to gain redress.

This is very misleading. The small claims process is neither.

Hintza

I thought we were getting rid of Quangos?

MothballsWallet

Why can't we have just one of these bodies? I wonder how much of the admin and support services are duplicated across the separate ones we've got at the moment?

tifo

there needs to be something for construction, especially with residential homes.

if you have a problem with a developer (on a new build house for example) there is no organisation who can/will help you. The 10 year building guarantee is useless and both the developer and insurer can/will refuse to pay out anything. What then?

i've been going around in circles for 2.5 years trying to get damage paid for. Nobody wants to know.

both say to take it to court and refuse to deal with it. They even told my MP to tell me to "take legal recourse" and not send them any letters etc.

chattychappy

Another example of scope creep at the EU.

What's really needed is improvements to the court system and legal profession so it's easier for people to get the proper legal remedies they're entitled to (and potentially pay costs of they're wasting time). Group litigation should be better facilitated too.

Problem with ombudsmen type bodies is often they just mete out second rate justice in their own time. They are typically populated by people from the industry concerned and are biased. This endemic bias is "balanced" by a few eye-catching press releases where they've supposedly won victories for consumers. Given they are "free" - they just encourage anyone with an axe to grind to get onto them, clogging up the works for legitimate claimants. I've had dealings with two ombudsman - neither of them understood the law relevant to the issues I had. But they were very quick to offer off-the-peg non-solutions. As a lawyer, I'm worried people are sold a pup with these bodies - which in the end are quangos after all.

Joe_Bloggs

The concise document that outlines the proposal is here:-
http://ec.europa.eu/dgs/health_consumer/dgs_consultations/ca/docs/adr_consultation_paper_18012011_en.pdf

This also mentions where to submit comments for consideration.

I submit that this dispute resolution should be on television. The adjudicators would become famous or infamous. It would be a 'Judge Judy' type thing. I am sure the Office of Fair trading would be interested in ways that do not involve the courts.

J_B.

mo786uk

Hintza wrote: »

I thought we were getting rid of Quangos?

Sounds like they will be largley funded by industry a bit like the FOS and Airline thingy.

chattychappy

mo786uk wrote: »

Sounds like they will be largley funded by industry a bit like the FOS and Airline thingy.

Which essentially means funded by consumers as the regulatory burden increases....

Hintza

chattychappy wrote: »

Which essentially means funded by consumers as the regulatory burden increases....

My thoughts exactly will just end up in higher prices.

dmg24

tifo wrote: »

there needs to be something for construction, especially with residential homes.

if you have a problem with a developer (on a new build house for example) there is no organisation who can/will help you. The 10 year building guarantee is useless and both the developer and insurer can/will refuse to pay out anything. What then?

i've been going around in circles for 2.5 years trying to get damage paid for. Nobody wants to know.

both say to take it to court and refuse to deal with it. They even told my MP to tell me to "take legal recourse" and not send them any letters etc.

They are spot on - you do have means of recourse, so you need to use it.