Complaints to the Ombudsman are on the increase - what are your rights as a consumer?

By Holly Thomas , Wednesday 29 August 2012

Complaints about products and services are on the up in Britain. Calls to the Ombudsman Services have hit a record high of 203,148 in the 2011/2012 tax year - 24% up from the previous year. The majority of contacts were related to the communications sector (59%) and to the energy sector (36%).
Overdue notice and account closed lettersBilling is still one of the most common complaints that Ombudsman Services receive

The Ombudsman recorded a growing number of complaints about debt collection and defaults on credit files from dealings with communications companies, such as mobile phone networks. Often such complaints arise when a consumer enters into a contract and change their mind and have to pay a termination fee. Their service is disconnected but they are still charged. This can then escalate to a debt collection agency and potentially affect the consumer’s credit-worthiness.

There is also an issue with data downloads which have caused so-called 'bill shock' for thousands of unsuspecting mobile phone customers exceeding what they were told was an 'unlimited' package.

Billing continues to be the single most common complaint that the Ombudsman Services recorded for energy firms. In 2011/12 80% of energy complaints were complaints related to disputed charges (19%), customer service (16%), inaccurate invoices (15%), back-billing (15%) and inaccurate meter readings (8%).

Ombudsman Debra Vaughan-Massey says: “There are signs that energy companies are improving the standard of customer service provided to customers but bills remain a major cause for concern.”

Meanwhile, the Citizen’s Advice Bureau, the consumer advice service, has experienced a surge in enquiries since it started taking direct calls from consumers in April this year. Calls for advice increased by almost 30% from 67,000 in April to an estimated 85,000 by the end of August.

If you have an issue with any company, in the first instance you must complain directly. It’s good practice to keep a note of the time and date of any call, and who you have spoken to. Any correspondence should be sent recorded delivery so you have a record of your complaint.

If your problem involves energy billing or meter readings, it's important take note of gas and electricity meter readings, and record the dates on which they were taken.

Energy suppliers have a set time limit in which to resolve most complaints. This time limit is eight weeks. If your complaint reaches a deadlock situation, contact the Ombudsman. You must send your claim to the Ombudsman within nine months of submitting the original complaint to your energy supplier.

The Ombudsman service is independent and free to use. The Ombudsman has the power to decide what action should be taken and can force an energy supplier to take action.

For mobile phone users, make sure you fully understand usage limits. The Ombudsman can help and you can also get guidance from the communications regulator Ofcom – although it won’t help with individual cases.

Useful links

Ombudsmen Services for energy and communications disputes
Citizen's Advice Bureau
Ofcom

Online shopping: know your rights

Online shopping can be problematic. Many people will have been ripped off at some point by hidden online charges while booking a holiday, premium rate helplines when returning a purchase or extra credit card fees if you don’t use your debit card.

UK policymakers last week opened a consultation on the EU’s Consumer Rights Directive.

If approved, it will ban retailers and service providers from adding surcharges at the end of the online buying process; double the time after which online customers may cancel orders without loss; and ban the use of premium rate phone numbers for customer services.

Also, firms will be prevented from charging their customers more than it costs them to process a card payment or make a delivery.

The new rules have to take effect by April 2014, but the government wants to introduce them in 2013. Until then it’s crucial to know your consumer rights.

  • Online customers can cancel an order, without explanation, within seven days.
  • Your plastic gives you protection. If you pay using a credit card, you are also protected by the Consumer Credit Act 1975. The card provider is equally responsible with the retailer or trader for any breach of contract or misrepresentation. This can be useful if the retailer goes bust or you cannot contact it. Card providers are liable only for goods or services costing between £100 and £30,000. Alternatively, if you pay with a Visa debit card, you get protection under the Chargeback Scheme. There is no minimum spend and you must claim within 120 days.

Holly Thomas is Deputy Personal Finance Editor at the Sunday Times.


The opinions expressed are those of the author and are not held by Saga unless specifically stated.

The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.

Related

  • Credit card

    Know your consumer rights

    Just because you have shopped around to get goods at the best possible price, it doesn't mean you don't have the same rights as any other consumer.

    Read on

  • Writing

    Complaining effectively

    Whether it's a faulty product, bad holiday experience or inconvenience, learning to complain effectively will help you receive the recompense you deserve.

    Read on

  • When there is no Power of Attorney

    DIY law - check the basics

    More than two thirds of people have no understanding of basic legal processes and the relevance to employment, home ownership, faulty goods and disputes with tradesmen and neighbours.

    Read on

  • City of London

    Banks will be forced to consider customers' needs when selling 'packaged accounts'

    Rules to stop banks and building societies mis-selling packaged accounts to customers have been announced by the City regulator.

    Read on

  • Knocking

    Beware doorstep sellers

    While British weather cannot guarantee sunshine, the longer days of light and hopefully dry spells provide the best time to undertake outside building and home improvement work

    Read on

  • Platinum thumbnail

    Platinum credit card

    Low rate and 0% foreign currency fees on transactions.

    MORE INFO

Should I pay by cash or card?

There has been a lot of controversy recently about whether we should pay in cash when people come to our home to decorate or repair things. Often you have no choice. But if you can pay by plastic then it is much safer for you, writes Paul Lewis.

Saga Platinum credit card

The ideal travel companion for the over 50s, offering great benefits whether you spend at home or abroad

Representative 11.9% APR (Variable) 

Saga Magazine

For more fascinating stories and insightful articles, why not try Saga Magazine for just £1 for 3 issues.

Stocks and shares ISA

Maximise your full ISA allowance

  • No annual fees
  • Competitive commission rates
  • Trade online or over the phone
  • Deal in UK shares, gilts, bonds and funds