Motor Ombudsman found in my favour, but company still refusing to pay what’s owed?!

[CaptainBinker]

I have had an ongoing dispute over a service plan which I felt was unfair, as I ended up paying a lot more than if I’d just paid for three services separately, so I complained to the Ombudsman.

The case started with adjudication which actually didn’t award me the money leftover in the service plan account, but said the service plan provider should apologise.

The provider disagreed and appealed this, which meant it went to the Ombudsman, who overturned this and found in my favour, saying I was owed the money.

Throughout the process both sides were given clear deadlines to appeal and provide more info. The final decision was issued mid-April this year (the service plan ended in Sep 22!).

My understanding is that an ombudsman’s final decision is legally binding and the end of the process, but the service plan company is now saying they’re appealing further, to the “senior managers” at the ombudsman.

Any advice on what I do now? It’s not a huge claim so I’m reluctant to pursue it through court as the fees would take a big chunk of it, but actually it’s the principle? They’ve had so much time to appeal but have missed the deadline and then seemingly forced an extra step that isn’t even part of the process - the ombudsman makes it really clear that the final decision is just that…final.

Small claims court?

Surely first step is to ask the ombudsman? If they make a decision they should know if they have any actual powers to enforce it or not, and whether it is being considered by a senior manager or if the business is lying. Depends if its a decision or a recommendation regarding what they can do but even if "only" a recommendation they will have a vested interest in ensuring it is followed otherwise their whole purpose is a bit pointless.

When I chased up the payment with the service plan provider (their deadline to pay me was 28th April), they’ve sent me screenshots of a conversation between themselves and the ombudsman where the ombudsman is confirming that senior managers are reviewing the case.

It was definitely a final decision by the ombudsman and their complaints process clearly states that the decision cannot/will not be changed and that complaints can only be made about things like their staff conduct etc, rather than the outcome.

The ombudsman is so hard to contact, they take literally weeks or even months to reply to any correspondence, there’s no way to email/phone the person I’ve been dealing with directly.

Contact your local MP and ask them to approach the Ombudsman. That normally gets quicker answers.

The Motor Ombudsman cannot force a company to pay you, they can only take disciplinary action against them such as rescinding their accreditation. If they won’t pay you’ll have to either suck it up or take legal action.

I had a situation where I agreed to use an adjudicator process which means their decision was final.

The decision was wrong in every way. I complained, not the decision itself but that the adjudicator had not followed the company own terms and conditions (and gave evidence of my allegations). It was reviewed and they agreed with me. They decided the case would be reassessed by a different adjudicator not aware of the complaint. They concluded in my favour and I got the money back. I have no idea of the other party had to pay back what they had initially received. I suspect not.

you can make a complaint about the ombudsman! (probably a CAU unless they do have an oversight body!).

Write to the supplier confirming the outcome of the ombudsman’s findings. Give them a deadline to respond to you confirming when their management review will be complete.
If they don’t respond write back, ask them for a deadlock letter. If they don’t respond either write a letter before action with the threat of court action or inform them you will raise it with the financial ombudsman where I believe this should sit.

I am going through this currently with a large motor dealer for a new car and have raised it with the financial ombudsman.
not sure how much is involved in your case mine is 80k and would need to go through the multi track court.
But, if yours isn’t too much it may be best to write the letter before action and if they do not respond take them to a small claims court. All ombudsman investigations take a long time.