Can you complain twice to the Ombudsman for a complaint about a service provider

Stevero

I have a dispute with a service provider who is demanding money from 2013 after I cancelled in 2012. As I don't owe them this money I submitted a complaint to the ombudsman as the complaint goes back longer than the 8 week threshold to submit a complaint. The ISP has stated that it has not had 8 weeks to resolve this matter. The ombudsman has given me 10 days to provide evidence that the complaint is older than 8 weeks and prevent closure of my case. The complaint in 2013 is too old apparently.
My question is can I submit the case again to the ombudsman once the 8 weeks have passed from my recent complaint. As the complaint was not looked at I just made the mistake of thinking I could take this route because 2013 is more than 8 weeks ago.

Dean000000

Stevero wrote: »

because 2013 is more than 8 weeks ago.

:eek::eek::eek::eek::eek::eek::eek::eek::eek:

Your time to complain to the ombudsman was roughly 320 weeks ago

Stevero

No I cancelled in 2012 fully paid and then every month of 2013 they tried to take money from my credit card. This payment was blocked to them. i complained in September 2013 and never heard any thing for 6 years and then I get a bill for nearly £300. I told them the matter was statute barred but then they said I made a payment in 2013. My credit card company sent me 2013's statements and sure enough they stole £130 from me. So not only do they want £300 from me, they also stole £130. They are now disputing my complaint to the ombudsman because its too early

techquest

This is what the services says:

What if I don’t agree with your answers?

1. There are two stages to our process.

2. First, one of our investigators or adjudicators will give you their answer. We resolve nine in ten complaints this way.

3. However, if you don’t agree with our answer, you can ask for a final decision from one of our ombudsmen.

4. If you accept the ombudsman’s final decision, the financial business has to do what the ombudsman says.

5. If you don’t accept it, that’s the end of our involvement. But you can still take your complaint to court.

6. At any point, you can let us know that you no longer want our help. But if you tell us why you’re unhappy, we’ll try to find a way forward.

So given the above have you told them your not happy, have you carried out the actions in 3. & 5. above? If not then I suggest you do so asap. Reading through their information I would say you can't submit a complaint twice, but I could be wrong.

techquest

Dean000000 wrote: »

:eek::eek::eek::eek::eek::eek::eek::eek::eek:

Your time to complain to the ombudsman was roughly 320 weeks ago

The ombudsman states:

We might not be able to help if:

1. what you’re complaining about happened more than six years ago; and

2. you complain more than three years from when you became aware (or should have become aware) that you had a reason to complain.

3. And you’ll need to contact us within six months of the business’s final response.

Stevero

I don't think they have looked at the case yet. No one has been assigned to look at it. At the moment its in the prepare case slot. If the actual case is not looked at because I submitted too early then surely I can submit again.

techquest

It's kind of confusing.

When exactly did you submit the complaint to the ombudsman?

When exactly did they give you 10 days to provide the evidence?

Stevero

My first complaint was in 2013 and thought the issue had been resolved. I heard nothing for 6 years.
My latest complaint to the isp was 2 weeks ago. I submitted my complaint to the ADR last week using the 2013 date but the ADR contacted me yesterday to say I could not use that date and I have 10 days to provide evidence I made the complaint to the isp more than 8 weeks ago.
On the online form the case has not progressed or been assigned an investigator. I would like to know if I can resubmit once the 8 weeks has passed.
I have a very good case against the isp I just hope I haven't screwed my case up on a technicality.
I probably did not make much sense yesterday as I was fuming and typing at the same time which is not a god combination.

techquest

Okay so after much reading this is what I found, which I believe answers your question about raising the complaint again. Though the words "can't usually" suggests there might be a way as indicated.

"You can’t usually use ADR more than once, but it’s worth checking the scheme’s terms and conditions to make sure."

techquest

This is what ADR states:

"A business has eight weeks to try to sort out the problem directly with its customer. And if the problem has been looked into properly, in most cases, all the necessary information should already be to hand when it lets the consumer know what its answer is."

So I assume that ADR is saying the 8 weeks has not passed. I assume that as you have nothing in writing from ISP that they have resolved the issue, either way, then your ADR has not yet been decided on and your case is still ongoing. I could be wrong and all the stuff I have looked at is always based on the providers aspect, not the consumers. The legalese is, as always, mind blowing, for a process that was supposed to make such issues easier! lol

I note you have not mentioned who the ISP is or the amount at stake, though the amount is not necessary, or indeed if this is business related, i.e. are you a business raising the issue. Such info helps forum members to tie the issue down more closely. If you don't want to make it public then maybe a PM would be good.

Stevero

No I'm an individual. The amount is around £300. I wished I had just paid it and not had the stress but I don't owe them a penny. I just hope I haven't gone to the ADR too soon.