Summary 10

Summary 10

Area of law: Personal injury
Complaint reason(s): Failure to follow instructions; other
Remedy: £150 compensation
Outcome: Ombudsman’s decision accepted by complainant

Miss C was involved in an accident that meant that she was unable to work at her mobile catering business. When she was well enough to return to work, she found that another company had been set up in the market where she was based and they were selling exactly the same product. Unfortunately this meant that Miss C could not continue with her business.

She asked the firm to help her with a personal injury claim. In particular she wanted them to make sure she was compensated for the loss income and the loss of opportunity to continue with her business.

At court, Miss C was awarded £8,000 plus interest. She told the firm she was generally happy with the outcome but complained that certain expenses had not been taken into account. She had provided the firm with receipts for her expenses, but it seemed they had been lost. She also felt that the issue of her business was not considered at all and she therefore did not get the right settlement. In response to her complaint, the firm offered to her compensation of £300, which Miss C turned down.

We concluded that the firm had taken the right steps to present Miss C’s claim overall but they had lost the receipts Miss C referred to. While it had clearly caused some concern to Miss C, there was no evidence that it caused any financial loss and therefore the ombudsman made an award of £150 compensation. Miss C accepted the decision.