| |
'frivolous
and vexatious' complaint?
a
trading standards officer writes ...
A
consumer has just been to see us about her financial adviser.
She was disappointed that you didn't uphold the complaint she
made about the advice he gave her. She thought that was the end
of the matter, but the adviser has now written to say that as
her complaint to you was 'frivolous and vexatious', she
owes him £1,000. He says this is to cover his costs and
your case fee. Is he right to demand this money?
|
|
No.
Our service is free to consumers, whatever the outcome. There
is generally a cost for firms, but they are not entitled to pass
on any of this directly to any customer who brings a complaint
to the ombudsman service.
A
complaint cannot be described as 'frivolous and vexatious'
simply because we do not uphold it. In the vast majority of the
cases that we decide not to uphold, it is clear that the customer
had reasonable grounds for making their complaint. If we had thought
your client’s case was one of the few that we consider 'frivolous
and vexatious' (and therefore not worth looking into), we
would have explained this clearly both to her and to the firm.
And in such instances, we do not charge firms a case fee. The
contract your consumer signed at the outset of her dealings with
the adviser said that he could recover his costs if she referred
a complaint to the ombudsman service and we said it was 'frivolous
and vexatious' – but we didn't say this about her case.
We
did not uphold your client's case because we did not consider
that she suffered any financial loss as a result of inappropriate
advice. However, we did say that the adviser should pay her a
sum to compensate her for the distress and inconvenience that
his poor complaint-handling caused. This is because he had attempted
to persuade her that she'd have to pay his costs if she came to
the ombudsman service and we didn't find in her favour. |
conferences
We’re
a small firm, and are starting to get more mortgage endowment
complaints than we've had to deal with before. Recently, a few
of these have ended up being referred to the ombudsman service
for the first time. I'm aware of your workingtogether
conferences, but wonder if you do any events specifically on mortgage
endowment complaints for firms in a similar position to ours?
|
|
Unfortunately,
you've just missed one – but there will be another conference
on this topic in Manchester
on 29 September, specifically aimed at small firms. If the
timing or venue are not convenient, why not contact our external
liaison team on 020 7964 1400? If they can’t answer all
your questions over the phone, they may be able to visit your
firm when they are next in your area.
|
|