You Have A Dispute - What Can You Do?
If you consider that you have a valid claim and you have made efforts to get the problem resolved, what can you do if this hasn’t worked? You may have been fobbed off by a trader, supplier or store or been given lots of excuses but have been left with the problem. There are several options which you can consider to try to resolve the situation.
1. Ombudsman
Certain traders such as utility companies and financial services are covered by various Ombudsman Schemes. If you have a complaint you can raise it with the relevant Ombudsman free of charge. The Ombudsman should look into the complaint and contact the member. The process is free for you and if you do not want to accept the final decision you can still take the matter further in Court if necessary. However if the Ombudsman decides you are right their member is bound by the Ombudsman’s decision.2. Arbitration
This is a growing area in dispute resolution. However, because there is usually a fee to pay it may not be of so much help in smaller financial disputes. Otherwise arbitration is similar to Ombudsman Schemes although both parties should be bound by the decision. Arbitration is available for a wide range of disputes and both parties of the dispute have to agree to take the case into arbitration.3. Mediation
Sometimes sitting around the table and discussing the problems can reach a solution. Mediation requires both parties to be willing to do this in the presence of a Mediator. There are various mediation organisations and some trade associations offer mediation. If mediation is successful you reach an agreement and that brings an end to the matter. If don’t reach agreement you are not bound by any decision.4. County Court
If all the other options have failed you may have to consider taking your complaint to the County Court. If your claim is for losses other than personal injuries they will be classed as a small claim if the amount is £5000 or below. The Small Claims Court (which is part of the County Court) has slightly different rules but you cannot recover legal costs and so the process is geared for you to be able to represent yourself.
If your claim is worth more than £5000 or it is very complex it may not be classed as a small claim and in this event you should consult a solicitor. It would be wise to check whether you have ways of funding a solicitor which may be available to you under your home contents insurance policy or other policies of insurance.
As a final thought, if you have paid for the product or service using a credit card and the amount was between £100 and £25,000 you may also be able to make a claim against the credit card company.
Simon Speed
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