Mrs R instructed the service provider in respect of a financial dispute with a bank.
Mrs R instructed the service provider on a ‘no win, no fee’ basis and was of the view that the service provider should not have billed her, as only part of her claim was successful.
When she received a bill from the service provider, she complained about the bill and a number of other issues. In response to the complaint, the service provider offered to reduce their outstanding invoice.
Mrs R complained about a few things, including:
The service provider’s cost information being unreasonable; and
Her concerns about their communication and conduct.
The service provider offered to reduce their outstanding bill by £2,000.
Mrs R accepted the service provider’s offer in full settlement of her complaint and paid the agreed amount. However, she remained unhappy and brought her complaint to the Legal Ombudsman.
The complaint was reviewed on receipt and was passed to the Early Resolution Team. This was because the service provider had already made a reasonable offer to reduce their bill by £2,000 and Mrs R had accepted it.
The offer by the service provider was considered to be reasonable, because even if all of Mrs R’s complaints were upheld, the outstanding bill reduction offered by the service provider was unlikely to exceed any remedy directed by the Legal Ombudsman. The fact Mrs R had already accepted the service provider’s offer was also taken into consideration.
The Legal Ombudsman also explained that we are unable to consider conduct complaints, as these are considered by the regulator.
As the service provider had made a reasonable offer, Mrs R’s complaint was then dismissed by an Ombudsman under 5.7c) of our Scheme Rules for a reasonable offer made.
As the complaint was resolved by the Early Resolution Team, no case fee was payable.
Where a complainant accepts a remedy in full and final settlement of a complaint, and the remedy is reasonable, it is unlikely the Legal Ombudsman will investigate the complaint.
The Legal Ombudsman investigates service complaints. Complaints relating to conduct are investigated by the service provider’s regulator.
Where a service provider’s costs information is unreasonable, it is unlikely the Legal Ombudsman will waive all costs. A proportionate costs reduction or impact payment is more likely.
