Court vs ombudsman?

[Mark T Jones]

Quick question for those who know or have experience

I have a claim against a certain vehicle workshop - details not relevant.

They have refereed me to the industry ombudsman, but my instinct leans me towards small claims. Admittedly I have zero experience of umbudsmen, and a bit of experience of small claims.

So I guess the question boils down to:

Is the ombudman likely to be proficient & reliable?

Will the court have 'views' on my choice to use them rather than the ombudsman?

I welcome your experience!

 

[Newchodge]

Quick question for those who know or have experience

I have a claim against a certain vehicle workshop - details not relevant.

They have refereed me to the industry ombudsman, but my instinct leans me towards small claims. Admittedly I have zero experience of umbudsmen, and a bit of experience of small claims.

So I guess the question boils down to:

Is the ombudman likely to be proficient & reliable?

Will the court have 'views' on my choice to use them rather than the ombudsman?

I welcome your experience!

Some ombudsmen are statutory - you must use them before a court will accept a claim, I think. I have never heard o a vehicle workshop ombudsman. Do you know heir formal title and I can do some digging?

 

[Frank the Insurance guy]

I assume you are a consumer? If so, I would go down the ombudsman route. I think there is usually no cost to you.

If it is anything like the Financial Ombudsman, it will mean that you are not tied to any outcome, but the other party is!

If you do not get the outcome you want, it will give you an idea of the other party's likely defence if you take it to the small claims court.

 

[Mark T Jones]

Thanks Cyndy

The ombudsman in question is The Motor Ombudsman https://www.themotorombudsman.org/

@Frank the Insurance guy - it's a consumer dispute. Thank you for the advice.

 

[Newchodge]

Thanks Cyndy

The ombudsman in question is The Motor Ombudsman https://www.themotorombudsman.org/

@Frank the Insurance guy - it's a consumer dispute. Thank you for the advice.

Thanks. They are part of the Alternative Dispute Resolution scheme, so i would definitely use them. The courts are unhappy if court action is taken as a first, rather than a last, resort.

 

[Mark T Jones]

Thank you both. Let's consider the question answered!

 

[Michael Loveridge]

Some ombudsmen are statutory - you must use them before a court will accept a claim, I think.

It's never compulsory to use an ombudsman, and in many cases you're better using the County Court. Not only are many Ombudsman processes extraordinarily long-winded, but they often have no power to enforce findings, so you have to go to court anyway.

They're sometimes better if the case is high value, as pursuing a high value case through the courts is potentially very expensive, even if you win. And there is, of course, also the risk of losing and having to pay both your own and your opponent's legal costs, which isn't a risk with Ombudsman schemes.