Frequently Asked Questions - ADRnow

1. I recently lost a decision in the small claims court (I was the claimant). The decision was so obviously biased toward the defendant, I feel I need to complain about the way the judge handled the case and the final decision. If possible could you point me in the right direction as I have no idea which ombudsman to approach.
2. I have recently had trouble with a local trader. The company had items on display for sale, but when I tried to purchase the item the price was more then double the price that was on display. At the exact time another customer had the same trouble with a different sale item. The manager refused to sell the items at the price that was very clearly displayed. Would you be able to let me know what would be the correct course and who I could make a complaint to? It would be much appreciated.
3. When I re-mortgaged my house three years ago, I repaid all my outstanding debts, including my credit card, in full. Then earlier this year I had a letter from a debt collector, saying they had been assigned my credit card debt. But there has been no debt for three years, and I don’t even have a credit card any more. This has affected my credit reference as well. The credit card company has not been at all helpful in sorting this all out, and have offered only £150 in compensation. Where can I complain?
   
4. Hi – I need help trying to cancel my gym membership. I can’t continue with the gym because of ill health, so I suspended my membership. When I tried to cancel altogether I was told that I can’t do this until I go back to paying the full amount. I can no longer afford to pay as I’m on income support. What can I do?
5. Hello, I am writing to complain about the shoddy way the CSA have handled my claim for financial help from my son’s father. I have been chasing him for nearly 16 years for help, how much longer do they need?
6. I have just read the full page on Mediation.... a glaring omission is you don’t say how and where to actually secure such a service! Not much point explaining if you don’t tell the public who or what runs such mediation services...
7. My home telephone line has been disconnected by my provider during a broadband upgrade, and remains off 10 days later. Emails, telephone calls, letters to head office have had nil effect. Do I seriously have to wait 12 weeks before you intervene?
8. I understand your organisation does NOT handle complaints that concern the Legal Services Commission. Could you direct me to an organisation/body that does?
9. Having had a three-seater sofa 11 months, the right hand cushion collapsed. This cushion is attached to the sofa and can not be replaced. I have taken the matter up with the retailer, who sent an inspector. He says that there is no manufacturing defect. They are therefore not prepared to take any action. What can I do?
10. My neighbour, with whom I have a shared driveway, has a very large tree growing in his front garden. This is uprooting the driveway, someone has already fallen due to the uneven surface, and it is a nuisance because it litters my garden. It is an evergreen tree, is not under preservation orders, and sheds needles which block my drains. I have spoken to him several times, have written thrice - he simply lies or does not respond. Can someone mediate?
    
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1. Q: I recently lost a decision in the small claims court (I was the claimant). The decision was so obviously biased toward the defendant, I feel I need to complain about the way the judge handled the case and the final decision. If possible could you point me in the right direction as I have no idea which ombudsman to approach.
2. A: There isn’t a simple answer to your question. Generally speaking, you can’t complain about a judge’s decision or the way he or she handles a case. Your only option, if you think the decision was wrong on a point of law, is to appeal. You need the court’s permission to do this, and there are strict time limits on making an appeal. If you think this might be appropriate, you are strongly advised to get some legal advice on what is involved.
    
   There is some information on the Courts charter, which tells you what standards of service you should be able to expect from a court and from a judge. There is also a courts service form called I want to appeal .
    
   The Parliamentary Ombudsman does not deal with complaints about courts or about judges. However, the Office for Judicial Complaints was established in 2006. This independent office will investigate complaints about judges’ personal misconduct, such as the use of insulting, racist or sexist language. It will not look at complaints which are simply about the way a case was handled. If you are unsure about whether your complaint would be covered you can phone or email to get some advice. Their website also has information about when and how to appeal a judge’s decision.
   
   
   
3. Q: I have recently had trouble with a local trader. The company had items on display for sale, but when I tried to purchase the item the price was more then double the price that was on display. At the exact time another customer had the same trouble with a different sale item. The manager refused to sell the items at the price that was very clearly displayed. Would you be able to let me know what would be the correct course and who I could make a complaint to? It would be much appreciated.
4. A: Thanks for your email. I can suggest three places which might be useful. The government funds Consumerdirect, a website and helpline for consumers. You can have a look at the information on the site, or phone the helpline during working hours on 08454 04 05 06. They will be able to let you know what the law is, and what your rights are. If you want to try to negotiate something with the trader, have a look at the Consumer Affairs page on this site, which gives an overview of the options for dealing with consumer disputes. You may also find that approaching your local Trading Standards office would be a good move. Advertising misleading prices could be a criminal offence, and they may want to investigate if it has happened more than once.
   
   
5. Q: When I re-mortgaged my house three years ago, I repaid all my outstanding debts, including my credit card, in full. Then earlier this year I had a letter from a debt collector, saying they had been assigned my credit card debt. But there has been no debt for three years, and I don’t even have a credit card any more. This has affected my credit reference as well. The credit card company has not been at all helpful in sorting this all out, and have offered only £150 in compensation. Where can I complain?
   
6. A: The Financial Ombudsman Service will deal with complaints about all financial services providers, including banks, building societies and credit providers. Their services are free to the consumer, and the FOS can advise you on whether the compensation offered is appropriate. If it is not, they can investigate your complaint, and try to resolve things.
    
   You can read more about how the Financial Ombudsman Service works on this site: there is a link to their website from this page, and details of their consumer helpline numbers.
   
   
   
7. Q: Hi – I need help trying to cancel my gym membership. I can’t continue with the gym because of ill health, so I suspended my membership. When I tried to cancel altogether I was told that I can’t do this until I go back to paying the full amount. I can no longer afford to pay as I’m on income support. What can I do?
8. A: Thanks for your email. Sorry to hear about your ill health, and the problems with your gym. I'm not aware of any dispute resolution scheme or ombudsman that covers gyms. Many groups have suggested that the government should fund a consumer ombudsman to deal with consumer problems such as this, but so far this useful body does not exist!
    
   A good first step with any problem like this is to make a formal complaint through the internal complaints procedure of the organisation concerned. You could ask your gym what their complaints procedure is - it may be that this will encourage them to sort it out promptly.
    
   You could also try contacting Consumerdirect - this is a government funded organisation that advises consumers, and you can contact their helpline on 08454 04 05 06 from 8am to 6.30pm Monday to Friday, and on Saturday mornings. I hope you manage to resolve this to your satisfaction.
   
   
   
9. Q: Hello, I am writing to complain about the shoddy way the CSA have handled my claim for financial help from my son’s father. I have been chasing him for nearly 16 years for help, how much longer do they need?
10. A: I'm sorry you're having such problems over such a long period of time. ADRnow is an information website, giving an independent overview of ADR options in the UK. If you would like to make a complaint about the way the Child Support Agency have handled your case, you can contact the Independent Case Examiner . I hope you manage to resolve this promptly.
    
    
11. Q: I have just read the full page on Mediation.... a glaring omission is you don’t say how and where to actually secure such a service! Not much point explaining if you don’t tell the public who or what runs such mediation services...
12. A: Thanks for your email. I take your point, but it's not a straightforward issue! It depends whether you are looking for a family mediator, a mediator for a neighbour dispute, a mediator for a civil or commercial dispute etc etc. And even when you have identified the type of mediation, there is no single body that will direct you to a local, quality assured mediator.
     
    If you have a look at the specific pages that outline Family Mediation, Community mediation and mediation in Civil and commercial disputes on the ADRnow site, you will find links to organisations that may be able to help. Some are also listed in the site ADR Directory. There is also a page titled Choosing a mediation provider which will explain some of the problems and give you some signposts.
     
    PS In the light of your comments, I will put something on the mediation page directing users to where they can find this information. Thanks for drawing it to my attention!
     
    
    
    
13. Q: My home telephone line has been disconnected by my provider during a broadband upgrade, and remains off 10 days later. Emails, telephone calls, letters to head office have had nil effect. Do I seriously have to wait 12 weeks before you intervene?
14. A: Thanks for your email. ASA runs the ADRnow website as an information resource for advice agencies and for the public - we don't deal with complaints directly ourselves.
     
    Complaints about telecommunications providers should first be made to the organisation concerned - though it sounds like you have already done this! If you are not satisfied with their response after 12 weeks, or after they have sent you a final response, you can take your complaint further. All telecommunications providers are required by Ofcom to be members of an approved independent dispute resolution scheme. Currently Ofcom has approved two schemes - Otelo, the telecommunications ombudsman, and CISAS, an adjudication service.
     
    You may find that mentioning an intention to take your complaint to Otelo or CISAS may motivate your provider to expedite dealing with your complaint!
    
    
    
15. Q: I understand your organisation does NOT handle complaints that concern the Legal Services Commission. Could you direct me to an organisation/body that does?
16. A: Thanks for your email. If you want to make a complaint about the Legal Services Commission, your first step is the LSC complaints procedure.
     
    If you are not happy with the way the Commission deals with your complaint, you can complain to the Parliamentary Ombudsman through your MP. I hope you manage to resolve your problem!
    
    
    
17. Q: Having had a three-seater sofa 11 months, the right hand cushion collapsed. This cushion is attached to the sofa and can not be replaced. I have taken the matter up with the retailer, who sent an inspector. He says that there is no manufacturing defect. They are therefore not prepared to take any action. What can I do?
18. A: Thanks for your email. I'm sorry to hear about the problems with your sofa. There is an organisation called The Furniture Ombudsman (Qualitas) which will investigate disputes about furniture, providing that the retailer is a member of the scheme. The Furniture Ombudsman will also send an independent inspector even if the retailer is not a member of the scheme, though in these circumstances they make a charge for the service.
     
    Your other option is to call Consumerdirect, the government advice line for consumers, and get some advice on your rights as a consumer. The number is 08454 04 05 06 and it is open from 8am to 6.30pm Monday to Friday, and Saturday mornings.
     
    I hope you manage to sort something out!
    
    
    
19. Q: My neighbour, with whom I have a shared driveway, has a very large tree growing in his front garden. This is uprooting the driveway, someone has already fallen due to the uneven surface, and it is a nuisance because it litters my garden. It is an evergreen tree, is not under preservation orders, and sheds needles which block my drains. I have spoken to him several times, have written thrice - he simply lies or does not respond. Can someone mediate?
    
20. A: Thanks for your email - I'm sorry to hear about the problem with your neighbour. If you want to try mediation, as you suggest, you should contact your local community mediation service. They will be able to discuss the problem with you, and will probably come round to talk to you about it. They will also contact your neighbour and speak to him about it, and try to set up a joint meeting to discuss things further. Neighbour mediation of this kind is usually free, as it is often funded by the local authority and local housing associations. Unfortunately, there is no longer a national community mediation umbrella group (it used to be Mediation UK) so the easiest way to find your local service is to type 'community mediation' and your local authority into Google or another search engine. You can find out more about Community mediation on this site, or have a look at Maria’s story which looks at this kind of problem.
     
    If your neighbour is not responsive to a mediation proposal, you will want to get some legal advice on other options. If you go to our legal information website Advicenow and type 'neighbour dispute' into the search box at the top of the home page, it will give you a few websites with really useful legal information about neighbour disputes.
     
    I hope you manage to sort things out!
    
    
    
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