Ms K instructed the service provider in respect of an eviction matter.
Ms K was unhappy with the advice provided by the service provider and decided to instruct a new service provider. She also decided to raise a complaint about the original service provider. In doing so, she was seeking payment of the financial losses she said she incurred because of their service failing.
Ms K complained about the following issues:
The service provider’s advice; and
The service provider’s complaint handling.
The service provider did not uphold Ms K’s complaints, so Ms K escalated her complaints to LeO.
Ms K said that the service provider’s advice on the approach to the claim was incorrect. She said that she thus incurred the costs of a barrister to review the claim, and to attend court on her behalf.
Ms K’s complaint was reviewed on receipt, and additional information was sought to assess if the complaint was suitable for Early Resolution. However, it was decided further information would be needed, so the complaint was passed to in-depth investigation.
Following an investigation, it was concluded that the service provider’s service was reasonable. The investigator concluded that the service on the advice was reasonable and agreed the service provider had given a thorough and timely response to Ms K's complaint.
Ms K did not agree with that conclusion and provided comments to support her position. The complaints were passed to an Ombudsman for a final decision.
The Ombudsman considered Ms K’s submissions, but decided that they agreed with the investigator, and concluded that the service was reasonable. As a result, Ms K’s complaints were not upheld.
As the service provider’s complaints handling was reasonable, and there were no upheld complaints, no case fee was payable.
Complaints may be suitable for Early Resolution, where the service provider says their service was reasonable and LeO has sufficient evidence at the point of assessment to demonstrate that the complaints have no prospects of success.
No case fee will be charged where a complaint is upheld in favour of the service provider, and where their complaints handling is reasonable.
