Enforcing Motor Ombudsman decision

[lileldys123]

Hi LegalBeagles!

To cut a long story short, purchased a vechicle in mid 2019, raised with The Motor Ombudsman end of 2019 as no resolution with the garage.

TMO have at long last, ruled in my favor in the Final Decision and have awarded some costs that I had to pay for a repair.

I understand that the Ombudsman Final decision is legally binding as its been accepted by myself, but now the garage is trying to dispute the award directly with myself.

Any way to force them to pay, via something like a N322A form?

[des8]

N322A is the way forward, altho' I understand the ombudsman service might put pressure on the dealer to comply (so might be worth asking them)

[lileldys123]

Perfect thanks.

What would you put under the "Legislation that allows you to enforce"? Would this be referencing CRA 2015 S23 Right to Repair?

I have been asking to the ombudsman to get this resolved and, after 3+ months according to TMO T&Cs, they should be suspended and reported to ICAP but nothing yet, then again, we don't get to see that side of things!

[des8]

As it Is the Ombudsman's final decision, you could enter:
“Section 228(5) of Financial Services and Markets Act 2000 ( FSMA) makes FOS awards final and binding. Schedule 17 para 16 FSMA allows a court to order that a FOS decision may be recovered by execution as if it were Court Order”.

[lileldys123]

Would this go by as its more referencing a financial ombudsman decision rather than a TMO.

[des8]

Part XVI of the act (which includes sec 228 referred to earlier) is actually headed "The Ombudsman Scheme" and doesn't refer individually to the FOS so change the quote (which I had lifted from elsewhere) from "FOS" to "ombudsman"

[Manxman]

N322A is the way forward, altho' I understand the ombudsman service might put pressure on the dealer to comply (so might be worth asking them)

That would be my first course of action.

I'm not certain the FSMA applies to the Motor Ombudsman. (Isn't it a trade body rather than one set up under statute?)

[des8]

My understanding is that the motor ombudsman is approved by the government under the Alternative Dispute Resolution for Consumer Disputes (competent Authorities and Information)Regulations 2015 which is Statutory Instrument 2015 No 542 Part 2 Regulation 10

[Manxman]

OK. Thanks