How to enforce an Ombudsman Decision

[lifecouldbeadream]

I’m really hoping someone can help me. We have a Property Ombudsman decision in our favour, but the Surveyor refuses to pay, despite agreeing that the decision is binding. Can anyone tell me
a). If the decision is enforceable at court
b) what the name is of the legislation that says we can enforce it.

We’ve lost a year of our lives to stress and thousands due to the surveyors, and now that the case has been decided we just want to move on. Unfortunately because he won’t pay, we are stuck with the Ombudsman saying we’ll write to him and remind him he needs to pay in the next 28 days.....He hasn’t paid in the first 28...... so we’ve no expectation that he will.

You need to exhaust the Ombudsman first of all, so they should be using all of their powers to enforce the decision.

I’ve only dealt with the Ombudsman in a different sector but in my experience, the court always upholds and agrees with their decision.

Decision is in our favour, but the surveyor concerned has made no effort to follow process/engage. He provided no case file and has not communicated except to appeal the initial decision, which was then referred upwards and the next (and final) decision was increased in our favour. The next step if he doesn’t pay is to report him to RICS, who will do precisely nothing. And we will still be out of pocket by almost 10k. If not enforceable then the Ombudsman process is a complete waste of time.

Thank you though Spotting. I’m incredibly frustrated with the process, the stress is ruining my maternity and may well result in me having to return to work early.

You have to go through the Ombudsman process first to it's conclusion and then if he hasn't paid I think you can take the decision to the Court and issue a claim for that amount from him. If he doesn't pay that they there are the usual court enforcement options open to you. If it's 10K or under I think you are still in the small claims court so easier for you to bring the case yourself.

Thanks Red. The Ombudsman have already said we can take to court, what I can’t establish is what the legislation is that allows for this, and believe me I have Googled......

Ask the Ombudsman to advise you of the exact legislation in your situation as they should be well versed on the next steps you’ll need to take.

Difficult to advise properly without more information about on what grounds the Ombudsman found in your favour. It may say somewhere in the full written decision, otherwise ask the ombudsman for guidance. If they can't help ask at your local small claims court the counter staff may be able to guide you.

Do you have legal cover on your household contents insurance?

**AJPTaylor. Yes, we do have legal cover, they’ve not been involved upto this point. We’re really struggling with the idea that we’ve been through this process and they can’t tell us what we can actually do to secure the funds. For context, they are winding down their staff in the division.