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Re: Clark v In Focus – No second bite of the cherry after FOS redress
From the fos leaflet on 'final decisions'
It also usefully gives information on enforcing an ombudsmans decision through the courts (which someone was asking about a while back)
From the fos leaflet on 'final decisions'
But if the ombudsman’s final decision does not find in favour of the consumer, the consumer is not required to accept it and it does not become binding. The consumer is free to go to court instead (depending on any court requirements or restrictions –
for example, on time limits
for example, on time limits
how is an ombudsman decision enforceable in court?
Parliament did not give the ombudsman enforcement powers – that is not our job. Instead, Parliament made legal provision for consumers to be able to enforce our decisions in court in the unlikely event that this becomes necessary.
Enforcing an ombudsman’s decision in court should not mean having to argue the merits of the case again. The process is similar to enforcing a judgment where a case has
been heard in court. We can provide more information about the enforcement process if necessary.
But we cannot give legal advice on individual cases or represent consumers in court. We would strongly recommend any consumer in these circumstances to get their own independent legal advice.
what is the law that makes ombudsman decisions legally enforceable?
The Financial Services and Markets
Act 2000 sets out the basis on which the
courts may enforce the ombudsman’s
decisions. The relevant provisions of
this Act of Parliament are in Part XVI and
Schedule 17.
what type of legal action would this involve?
It is very important that you begin the right kind of legal action in the right court.
There are different legal processes – and starting the wrong proceedings in court
could lead to serious problems.
You would need to make sure you launch enforcement proceedings – not fresh proceedings that might re-open the dispute
who can help with legal advice on this?
The ombudsman service cannot give legal advice or help people through the courts. That is not what Parliament set us up to do.
To successfully enforce an ombudsman decision in the courts, you would almost certainly need professional legal advice and guidance.
The court where you would need to start any legal action depends on where you live and on where the relevant business is based. There are differences in the way the courts work, depending on whether you (or the business) are in Scotland, Northern Ireland, or England and Wales.
You would need to make sure that any proceedings were brought in exactly the same names as on the ombudsman’s final decision.
Because of the different procedures and court processes involved, it is important
that you get independent legal advice before you start.
Parliament did not give the ombudsman enforcement powers – that is not our job. Instead, Parliament made legal provision for consumers to be able to enforce our decisions in court in the unlikely event that this becomes necessary.
Enforcing an ombudsman’s decision in court should not mean having to argue the merits of the case again. The process is similar to enforcing a judgment where a case has
been heard in court. We can provide more information about the enforcement process if necessary.
But we cannot give legal advice on individual cases or represent consumers in court. We would strongly recommend any consumer in these circumstances to get their own independent legal advice.
what is the law that makes ombudsman decisions legally enforceable?
The Financial Services and Markets
Act 2000 sets out the basis on which the
courts may enforce the ombudsman’s
decisions. The relevant provisions of
this Act of Parliament are in Part XVI and
Schedule 17.
what type of legal action would this involve?
It is very important that you begin the right kind of legal action in the right court.
There are different legal processes – and starting the wrong proceedings in court
could lead to serious problems.
You would need to make sure you launch enforcement proceedings – not fresh proceedings that might re-open the dispute
who can help with legal advice on this?
The ombudsman service cannot give legal advice or help people through the courts. That is not what Parliament set us up to do.
To successfully enforce an ombudsman decision in the courts, you would almost certainly need professional legal advice and guidance.
The court where you would need to start any legal action depends on where you live and on where the relevant business is based. There are differences in the way the courts work, depending on whether you (or the business) are in Scotland, Northern Ireland, or England and Wales.
You would need to make sure that any proceedings were brought in exactly the same names as on the ombudsman’s final decision.
Because of the different procedures and court processes involved, it is important
that you get independent legal advice before you start.
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