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I'll be contacting Ombudsman soon, am I doing it in correct way?

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Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As already advised, start again. Head your letter 'complaint', send it by RD, and then the clock is tickng. Nothing else you can do but then wait 8 weeks unless they respond.
    No free lunch, and no free laptop ;)
  • Quentin
    Quentin Posts: 40,405 Forumite
    rtcw wrote: »
    I'm considering taking legal action, I prefer that the name of this company is kept secret.

    As legal action will take months to be concluded and will cost you in advance (you pay the court costs upfront), and if you lose you lose all those upfront costs as well as have to pay any allowable expenses to the other side, you may as well bite the bullet and start your complaint again to (eventually) use the ombudsman.

    The ombudsman is also a long procedure, but win or lose won't cost you, and you can still then go to court if you are unhappy with the ombudsman's ruling.
  • rtcw
    rtcw Posts: 32 Forumite
    I'll be starting again from tomorrow. Is there helpful information on writing a complaint letters?
    Quentin wrote: »
    As legal action will take months to be concluded and will cost you in advance (you pay the court costs upfront), and if you lose you lose all those upfront costs as well as have to pay any allowable expenses to the other side, you may as well bite the bullet and start your complaint again to (eventually) use the ombudsman.

    The ombudsman is also a long procedure, but win or lose won't cost you, and you can still then go to court if you are unhappy with the ombudsman's ruling.

    To be honest, I feel it may be morally necessary as the law this company may be breaking is intended for consumers to be treated fairly by companies and if I ignore it, it may affect other consumers as well. My friend who is training to be a lawyer said it's a clear-cut case and so... if this continues, it's legal action time and I'll contact an independent lawyer.

    So.

    This letter I'll be sending tomorrow will be the final one. What happens if they don't respond to me? Does the '8 week rule' apply in this case?
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 9 April 2014 at 9:49AM
    Yes.

    Head the letter "complaint".

    Send it in line with their complaints procedure which should be set out in their ts and cs
  • Quentin
    Quentin Posts: 40,405 Forumite
    rtcw wrote: »
    ...
    To be honest, I feel it may be morally necessary ......

    Your idea of morality isn't relevant to the courts.

    Don't go to the expense of legal advice if you just see the other side immoral.

    To sue successfully you need to prove your loss. The judge in a county court cannot decide based on a claim for immoral behaviour.
  • rtcw
    rtcw Posts: 32 Forumite
    Quentin wrote: »
    Your idea of morality isn't relevant to the courts.

    Don't go to the expense of legal advice if you just see the other side immoral.

    To sue successfully you need to prove your loss. The judge in a county court cannot decide based on a claim for immoral behaviour.
    No, that's not what I meant. I felt it may be morally necessary because the said law this company may be breaking is designed to provide a particular group of consumers rights and if I don't sue, this company will continue breaking this law, affecting other consumers in the same way as I did.
    Quentin wrote: »
    Yes.

    Head the letter "complaint".

    Send it in line with their complaints procedure which should be set out in their ts and cs
    Thanks.
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