Skip to main content

An end to 'free' complaints

Complaints are about to become a lot more expensive!  With margins cut to the bone when it comes to conveyancing changes the Legal Ombudsman’s new charging powers may well tip some firms over the edge. From tomorrow all complaints it investigates will incur a £400 case fee, but if a firm follows a reasonable first tier complaints process they may be eligible for the case fee waiver.

The following revisions also come into effect tomorrow intended to help the Legal Ombudsman respond to a developing legal services market:

  • Financial limits will increase from £30,000 to £50,000
  • Time limits for accepting a complaint will increase to six years from the date of act/omission and three years from the date the complainant should reasonably have known there were grounds for complaint. These time limits will be extended gradually from 6 October 2010 – the date LeO opened for business. However, the Ombudsman will continue to accept complaints about issues that happened before 6 Oct 2010 if the complainant only became aware of it after this date.
  • The Ombudsman will be able to accept complaints from prospective customers who could reasonably have expected to receive a service or who were unreasonably offered a service they did not want.

The Ombudsman does not anticipate that changes will substantially add to the 75,000-80,000 contacts it receives each year; however, it does expect around a 10% increase in the proportion of contacts which will fall within its eligibility criteria. This will inevitably increase the number of full investigations that the organisation carries out.

Comments

Popular posts from this blog

Argie Bargie over Home Information Packs

In response to a question from Conservative MP David Amess on what methodology would be used to use to evaluate the effectiveness of the Home Information Pack programme, Communities and Local Government Minister Ian Austin was involved in heated argument. The wording of the debate ( reported in Hansard ) makes interesting reading, so I thought I would share it with you : Mr. David Amess (Southend, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. Andrew Mackay (Bracknell) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. David Jones (Clwyd, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. The Parliamentary Under-Secretary of State for Communities and Local...

Paperwork is not a shield: Why your SRA aml audit demands more than just a dusty manual

The Solicitors Regulation Authority continues its aggressive crackdown on financial crime with a recent fine issued against Whiteheads Solicitors (Staffordshire) Ltd . This decision serves as a stark reminder that the regulator is looking far beyond simple paperwork during an SRA aml audit . The firm was fined 2,584 GBP plus 600 GBP in costs following an investigation into its compliance with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017. While the firm had a firm-wide risk assessment and general policies in place, the SRA identified critical failures at the matter level. Key compliance failures included: Failure to conduct adequate client and matter risk assessments . The SRA found a consistent pattern where the firm failed to sufficiently assess client matter risk levels as required by Regulation 28. Inadequate scrutiny of source of funds . In one specific property transaction, the firm failed to properly investigate the origin of funds provided by ...

The High Street Practitioner’s Guide to Surviving the FCA

For a sole practitioner or the MLRO in a small high-street firm, "AML compliance" often feels like just another mountain of paperwork standing between you and your actual work. When you are juggling a heavy conveyancing caseload, a sensitive probate matter, and the day-to-day survival of your practice, the last thing you need is a new regulator with a reputation for being data-heavy and "zero-tolerance." But the ground is shifting. As the Financial Conduct Authority (FCA) takes over AML supervision from the SRA, the "high-street way" of doing things—relying on long-standing local reputations and gut instinct—is being replaced by a requirement for hard, documented proof. The end of "I’ve known them for years" In a small town, you often act for the same families for generations. You know their business, their parents, and their reputation. Under the old mindset, that felt like enough. Under the FCA, it isn’t. T...