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What time scale do I have to bring litigation?

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  • What time scale do I have to bring litigation?

    [Ombudsman takes a year, if lucky to make a decision....and so I will try the court route]

    Is this the civil process:
    I give the organisation - who made a catalog of mistakes - all of my complaints in one letter / list - with them 14 days to answer;
    Then I go to the court and fill out the forms, take in all the paperwork ... and my witness statement?

    Do I have to ask the organisation for the witness statements or will the court do this?

    Thanks for your advice in advance
    Tags: None

  • #2
    The Court should be the last resort, the Court would expect you to have tried everything first before you start a claim.

    Comment


    • #3
      I am quite surorised that you state a time scale of one year, I placed a complaint against Virginmedia, I was appointed a negotiator within 14 days, and had a resolution within 6 weeks. much quicker that court and cost nothing

      Comment


      • #4
        Originally posted by tesla6518 View Post
        I am quite surorised that you state a time scale of one year, I placed a complaint against Virginmedia, I was appointed a negotiator within 14 days, and had a resolution within 6 weeks. much quicker that court and cost nothing
        All ombudsman are different; due to covid the health ombudsman has a huge backlog of cases
        eg patients, or relatives of diseased ....elderly people homes, vaccine related, covid linked disabilities. etc
        Last edited by girlatwork10; 5th February 2024, 21:27:PM.

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        • #5
          Originally posted by echat11 View Post
          The Court should be the last resort, the Court would expect you to have tried everything first before you start a claim.
          I can assure you. when Donald Trump sues folk in Scotland, or anywhere, he does not go through the ombudsman, he could wait a v long time ....

          if the complainant has made the complaint to the org. and they wont concede their fault (and s/he does not have to accept their any low bar offer of damages either) - that's good enough for the judge, enough to take legal action; people have the right to choose their own path
          Last edited by girlatwork10; 5th February 2024, 21:34:PM.

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          • #6
            Originally posted by girlatwork10 View Post

            I can assure you. when Donald Trump sues folk in Scotland, or anywhere, he does not go through the ombudsman, he could wait a v long time ....

            if the complainant has made the complaint to the org. and they wont concede their fault (and s/he does not have to accept their any low bar offer of damages either) - that's good enough for the judge, enough to take legal action; people have the right to choose their own path
            Trump has the money to pay costs if he loses, jJoe Public doesn't. He's recently been told by a Court to pay damages of $88m, that's not going to be a problem for him.

            When the organisation during the case goes through their resolution process, the Ombudsman will come up, no doubt the Judge will know about the Ombudsman.

            I know far too much about the Services Ombudsman.

            Comment


            • #7
              The PHSO / ombudsman asks on the complainants form, ''have you taken, or began legal action against X? [when is the hearing?]''. If it's in the affirmative PHSO wont accept it.

              You do have to make a complaint of course to the organisation doing wrong. If they ignore or uphold your complaint you can go to court .... e.g., to get higher damages

              Ombudsman service is poor in my experience, especially for housing, they lean toward the landlord and govt.

              Comment

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