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OMBUDSMAN
further opportunity to respond by issuing a submission letter and their file, before the case is allocated to one of my Case Officers. There are therefore numerous opportunities for the agent to resolve a dispute before it reaches the formal review stage. Given the support and guidance offered
by my Initial Enquiries team, I am still surprised by the number of disputes that proceed to review which had the potential to be resolved by the agent at a much earlier stage. Often the complainant feels aggravated that an agent has not afforded his grievances the credence he expected. Many cases show an all too familiar picture of a lack of regular communication and delayed responses which have served to further motivate a consumer to pursue his claims as far as possible. Sometimes it is apparent that the agent simply decided that the matter was not a complaint (in their view) or that the issue was too trivial for a response. In a few cases, instead of acknowledging and apologising for an error, the agent has sought to distract attention by raising counter arguments or by simply trying to cover up their error. To be clear, a complaint is an expression
of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the provision of, or failure to provide a service. In one recent case, the agent had
correctly addressed the complainant’s concerns, admitting a failure on their part and offering a goodwill gesture of £100. However, despite the complainant writing back to formally accept the offer in resolution of the dispute and chasing a response thereafter, the agent failed to
“Failing to respond simply aggravates the situation.”
respond in any way or issue payment. Understandably, the complainant became aggravated further and referred the matter to me. My review reinstated the £100 offer but made a further and completely avoidable award for the additional inconvenience that the agent’s complaint handling failure had caused. Regardless of whether an agent feels a
complaint is justified, to fail to treat the consumer’s grievances seriously, and to
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respond promptly and directly, simply serves to aggravate the situation further. If an agent’s initial response does not resolve the matter, the complainant should be afforded the opportunity of a second review by a member of staff not connected with the transaction. If a resolution still remains unachievable then the agent should issue their final viewpoint letter and inform the complainant of their right to refer the dispute to my Office. Sections 13 and 15 of the TPO Sales
and Lettings Codes of Practice provide registered agents with the tools to resolve disputes themselves. If these tools are employed in conjunction with a philosophy of treating all complaints seriously, acknowledging and apologising where errors have occurred, responding promptly to all issues within the appropriate timescales and maintaining regular communication with the complainant, registered firms will find that they are able to resolve disputes themselves at an early stage, saving themselves time and avoiding TPO intervention.
Do you have any views to share?
www.propertydrum.com/articles/ombudsjune12
PROPERTYdrum JUNE 2012 45
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