Consumer lifelines: who to turn to if you’re in trouble

If you have problems with a product or service, be sure you know where to turn

Tue, Mar 19, 2013, 06:00

   

You bought a voucher online but it doesn’t work and you don’t know what to do. You’re the victim of skimming and are not sure if you’re entitled to your money back. You believe that you were mis-sold an investment product but your financial services provider isn’t listening. These are everyday issues we face but what can we do about it and who can help us?

Below are the organisations you may need to contact to register a complaint or look for compensation or redress, as well as advice on your consumer rights.

But, before you seek a third party for help, they will ask that you have already contacted the firm about whom you wish to register a complaint. For example, the Law Society will ask that you first contact the solicitor in question if you have a complaint about a legal service, copying the letter to the senior partner of the firm, while the Financial Ombudsman asks that you first follow your service provider’s internal complaints procedures.


Given the events of the past few years, many people are out of pocket as a result of a poor investment product, poor advice, or just poor service. While in most cases, the investor must shoulder the burden of a mis-placed decision, in some cases you may have a case against your service provider. Should you wish to do so, here are some of the avenues you might pursue:


Who?
Financial Services Ombudsman
Where?
financialombudsman.ie.
Who can use the service?
Anyone who is a customer of a financial services organisation. Last year, more than 8,000 such complaints were made, up by 12 per cent on 2011.
What complaints are suitable?
Any complaint against a financial services institution.
What complaints aren’t?
If the complaint is more than six years old or has been the subject of legal proceedings. Any pension issues should be submitted to the Pensions Ombudsman.
Can I get recompense?
Yes, the Ombudsman may require an institution to compensate customers. Last year, some €1.7 million was awarded.
Can I find out who has been disciplined?
No. It has been an issue for some time, and shows no imminent sign of resolution. The Government recently expressed its desire to give the Ombudsman the powers to “name and shame”, but providing those powers is a matter for them and the legislation is still outstanding.
Is there an alternative?
If your complaint is not covered by the Ombudsman, it may be possible to bring a legal case against an institution or financial advisor. For example, a couple recently brought a case against a financial advisor and associated companies for putting their money, without consent, into risky investment vehicles. Similarly, solicitors have in the past put cases together representing groups of people.

Who?
Chartered Accountants Regulatory Board (CARB).
Where?
carb.ie.
Who can use the service?
Anyone wishing to make a complaint against a chartered accountant.
Are there any other sanctions?
If the complaint is found to be serious enough, it will be referred to the Disciplinary Tribunal, which may exclude or suspend an accountant’s membership.
Can I find out who has been disciplined? Yes, CARB publishes a register with details of cases and penalties imposed.

Who?
The Law Society.
Where?
lawsociety.ie.
Who can use the service?
Anyone with a complaint against a solicitor.
What complaints are suitable?
Those about “inadequate” services or for misconduct by a solicitor. If you have been presented with an excessive bill, you can make a complaint, but note that this can only be done within five years.
What complaints aren’t?
Claims for compensation over €3,000; if you’re complaining about someone else’s solicitor; or if your complaint relates to how your case was presented in court.
Can you get recompense?
The Law Society may require the solicitor to waive or refund fees, as well as compensation of up to €3,000.
Any other sanctions?
The solicitor may be reprimanded and referred to a disciplinary tribunal which deals with allegations of misconduct, and offers compensation of up to €15,000.
Can I find out who has been disciplined?
Yes. The Law Society offers a searchable database.

Who?
Property Services Regulatory Authority.
Where?
psr.ie.
Who can use the service?
Established in 2012, the PSRA will investigate complaints against estate agents.
What complaints aren’t suitable?
Those not made in good faith; those that are frivolous or vexatious; and those that are likely to be resolved by other methods.
What sanctions might be imposed?
If an estate agent is found to have engaged in improper conduct, the PSRA might revoke or suspend their licence, and impose a monetary sanction on them.

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