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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Who can call themselves ombudsman? Is there any underpinning

Customer Question

Who can call themselves ombudsman? Is there any underpinning legislation?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

What type of ombudsman are you interested in?
Customer: replied 3 years ago.

The Property Ombudsman (as he styles himself). The website is www.tpos.co.uk. Apparently his decisions are based on two Codes of practice - one for property sales (seems OFT approved) and the other for Lettings which is not. I am interested in the latter (the codes are on the website). His organisation is funded by what he calls the Agency Sector which seems to mean Estate Agents for property Sales and Letting Agents in respect of Lettings. Claimants are not required to contribute.


 


My two questions stand because there seems to be (from what I have read) no bar to anyone setting up or styling him (her) self as an ombudsman. There is no appeal process but that is a second order question as the claimant is not bound by his decision. And how does one know whether or not the Courts recognise his (service) as a dispute resolution process, particularly as in the case of Lettings he is using a Code of practice which seems not to be OFT approved. Is there a list of HMC Dispute Resolution Providers.


 


Gerard Lobo

Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions
You are correct - the word can be used by anyone at all - but in order to be enforceable the scheme has to be approved by the Office of Fair Trading
Details here
http://www.oft.gov.uk/OFTwork/estate-agents/EARS/#.UQ0Och3ddZg
Claire

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