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  • FIRST POST
    • MSE Guy
    • By MSE Guy 21st Jan 11, 3:00 PM
    • 1,628Posts
    • 1,255Thanks
    MSE Guy
    MSE News: More dispute bodies planned to take on dodgy firms
    • #1
    • 21st Jan 11, 3:00 PM
    MSE News: More dispute bodies planned to take on dodgy firms 21st Jan 11 at 3:00 PM
    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 ..."

Page 1
  • dmg24
    • #2
    • 21st Jan 11, 3:48 PM
    • #2
    • 21st Jan 11, 3:48 PM
    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
    • By Hintza 21st Jan 11, 5:04 PM
    • 19,013 Posts
    • 13,960 Thanks
    Hintza
    • #3
    • 21st Jan 11, 5:04 PM
    • #3
    • 21st Jan 11, 5:04 PM
    I thought we were getting rid of Quangos?
    • MothballsWallet
    • By MothballsWallet 21st Jan 11, 5:06 PM
    • 13,493 Posts
    • 18,723 Thanks
    MothballsWallet
    • #4
    • 21st Jan 11, 5:06 PM
    • #4
    • 21st Jan 11, 5:06 PM
    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?
    Always ask yourself one question: What would Gibbs do?

    I live in the UK City of Culture 2021
    • tifo
    • By tifo 21st Jan 11, 8:39 PM
    • 1,186 Posts
    • 262 Thanks
    tifo
    • #5
    • 21st Jan 11, 8:39 PM
    • #5
    • 21st Jan 11, 8:39 PM
    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
    • By chattychappy 22nd Jan 11, 9:17 AM
    • 7,084 Posts
    • 3,919 Thanks
    chattychappy
    • #6
    • 22nd Jan 11, 9:17 AM
    • #6
    • 22nd Jan 11, 9:17 AM
    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
    • By Joe_Bloggs 22nd Jan 11, 9:47 AM
    • 4,487 Posts
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    Joe_Bloggs
    • #7
    • 22nd Jan 11, 9:47 AM
    • #7
    • 22nd Jan 11, 9:47 AM
    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
    • By mo786uk 22nd Jan 11, 2:18 PM
    • 1,358 Posts
    • 573 Thanks
    mo786uk
    • #8
    • 22nd Jan 11, 2:18 PM
    • #8
    • 22nd Jan 11, 2:18 PM
    I thought we were getting rid of Quangos?
    Originally posted by Hintza
    Sounds like they will be largley funded by industry a bit like the FOS and Airline thingy.
    • chattychappy
    • By chattychappy 22nd Jan 11, 3:29 PM
    • 7,084 Posts
    • 3,919 Thanks
    chattychappy
    • #9
    • 22nd Jan 11, 3:29 PM
    • #9
    • 22nd Jan 11, 3:29 PM
    Sounds like they will be largley funded by industry a bit like the FOS and Airline thingy.
    Originally posted by mo786uk
    Which essentially means funded by consumers as the regulatory burden increases....
    • Hintza
    • By Hintza 22nd Jan 11, 4:29 PM
    • 19,013 Posts
    • 13,960 Thanks
    Hintza
    Which essentially means funded by consumers as the regulatory burden increases....
    Originally posted by chattychappy
    My thoughts exactly will just end up in higher prices.
  • dmg24
    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.
    Originally posted by tifo
    They are spot on - you do have means of recourse, so you need to use it.
    • Joe_Bloggs
    • By Joe_Bloggs 23rd Jan 11, 9:42 AM
    • 4,487 Posts
    • 1,582 Thanks
    Joe_Bloggs
    @DMG24
    Since dmg24 is so against any consideration of change then why not put in to words the system that we have so that others can appreciate what we have got. It would have to be in layman's terms rather than in obfuscating jargon and long words/ phrases etc.

    If access to justice costs money then surely the rich/corporations will just buy the best advocate/team so that they maximise their chances of winning. Alternatively they can stretch a court case out so that they bleed the opposition dry in legal costs! Where is the justice in that ?

    J_B.
    • plumber2009
    • By plumber2009 25th Jan 11, 1:10 AM
    • 308 Posts
    • 305 Thanks
    plumber2009
    Yet more EU beuracracy.

    Will it just please crash and burn.

    How much will all this cost?

    We already have small claims court, FSA, OFCOM, Trading standards.
    Just have 1 goverment body that consumers can use to deal with trade disputes.
    • mo786uk
    • By mo786uk 26th Jan 11, 3:19 PM
    • 1,358 Posts
    • 573 Thanks
    mo786uk
    The Govt are making big changes to the OFT/Consumer Direct/Trading Standards which will have a big adverse affect on general consumer issues IMO. Therefore the more of these things that are being funded mainly by private money the better I would think, because the same help wont be there in a coupel of years (whether you think its sufficient or not -it will be even worse soon)
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