Removals Ombudsman
This page contains information on:
What it is
Advantages and disadvantages
Which complaints are eligible and which are not?
Cost
Timescale
Procedure
Outcomes
What it is
The Removals Industry Ombudsman Scheme is an independent service for resolving disputes between removal companies and their clients. It covers all members of the National Guild of Removers and Storers. This trade association covers around 25% of removals firms in the UK, mostly small firms.
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Advantages
- it is independent of the organisations that are the subjects of the complaints and disputes it handles
- it is private
- it is free
- it tries to resolve disputes by agreement
- if agreement is not possible, the ombudsman will investigate the complaint
- if the ombudsman finds a complaint is justified, she will recommend an award of compensation
- the removals company is bound by the recommendation, but the complainant still has the right to take legal action if they are not satisfied
Disadvantages
- the ombudsman cannot investigate complaints where removers are not members of the scheme
- the ombudsman cannot deal with complaints about insurance matters
The ombudsman is not an advocate for complainants and will not act on their behalf. Her role is to try to help the parties reach agreement, or to investigate complaints where the parties cannot agree.
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Which complaints and disputes are eligible and which are not?
The Removals Industry Ombudsman can deal with complaints including:
- breaches of contract, such as a failure to provide a service to the standard contracted, or excessive charges over and above what was agreed
- allegations of unprofessional, inefficient or unfitting conduct, such as rudeness
- breaches of the Code of Practice
- substantial delays in dealing with your complaint
The ombudsman cannot deal with:
- any complaint against a non-member of the scheme
- insurance matters
- complaints which are, or have been, dealt with by the court or another body
- a complaint sent to the ombudsman more than three months after it was last considered by the trade association
- frivolous or vexatious complaints
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Cost
The service is free to complainants.
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Timescale
The company complained about has 28 days to respond to the initial approach from the ombudsman. After that, the time taken to resolve the dispute will depend on the progress of negotiations, or the time taken to investigate further. Since the scheme was established, a third of complaints have been resolved within a month, and the rest usually within two months.
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Procedure
The first step is to complain to the removal company, preferably in writing so that you have a written record.
If the problem is not resolved at this stage, then the trade association, the National Guild of Removers and Storers, has a conciliation scheme which will attempt to resolve the dispute so that both sides are satisfied.
If you are still unhappy at this stage, then you can take your complaint to the ombudsman. The ombudsman will acknowledge receipt of your complaint, and request information from the removal firm. If it is possible to resolve the dispute by agreement at this stage, she will attempt to do so. If not, then she will investigate further. The process is by written documents only: there is no hearing. A determination will then be made, and if the complaint is upheld, an award of compensation will be recommended. If the complainant accepts this as a full and final settlement, it is binding on the company. If you, as the complainant, are not satisfied, then you retain the right to take further legal action.
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Outcomes
Since the scheme began, awards have been between £40 and £600. There are case studies in the annual report on the Ombudsman's website showing the kind of problems which are dealt with, and the awards made.
In 2008-09 the Ombudsman dealt with 31 out of 88 formal complaints made to her (the others were either still pending at the time of the annual report, or had been withdrawn or rejected for being outside of the Ombudsman's remit). Most of these 31 were resolved by informal agreement. Four formal determinations were made. Three of these were upheld and awards made against the removal company. Also in the course of the year one removal company was expelled from membership of the National Guild of Removers and Storers as a result of the Ombudsman's determination.
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Revised March 2010
