Auto Express

Bringing clarity to grey areas

We find out how the Motor Ombudsman fights your corner

- Hugo_griffiths@dennis.co.uk @hugo_griffiths Hugo Griffiths

DISPUTES between owners and dealers are often heated and complex. There are a number of outlets to which motorists can turn for assistance – from magazines like Auto Express to legal firms – but in 2016 a new organisati­on was created solely to help solve disputes between drivers and their garages.

The Motor Ombudsman is the UK’S first official dispute resolution body for the motor industry, and dealers that sign up are required to adhere to its Chartered Trading Standards-approved Code of Practices. To find out how it works, and the benefits it has for drivers, we spent the day at its headquarte­rs.

The first thing to know about the Motor Ombudsman is that it’s a person, as well as an organisati­on. The second is that the Ombudsman’s title should arguably be Ombudswoma­n, because Natasha Gasson greets us warmly on our arrival, before explaining its role.

“We’re a consumer-facing organisati­on first and foremost,” Gasson says. “We want to raise consumer awareness of industry requiremen­ts, while also working to improve the industry’s reputation.”

A lawyer by training with previous experience in the Financial Ombudsman, Gasson oversees a team of six adjudicato­rs, all with law degrees, who rule on each case between consumers and businesses. These range from disputes between car buyers and their dealers on the condition of the car when taking delivery, misunderst­andings in vehicle advertisem­ents, to disagreeme­nts over servicing costs or standards.

In short, any dispute you may have with a dealer that cannot be solved by a conversati­on is a potential case for the Motor Ombudsman. It has 25 per cent of all dealers in the UK signed up to its code, including 99 per cent of new car dealers.

If either the dealer or consumer disagrees with the adjudicato­r’s verdict, the case is then reviewed by Gasson. Interestin­gly, because Gasson is more experience­d and due to the complex nature of the cases, she will sometimes rule against her own adjudicato­rs. “Complaints aren’t black and white,” she says. “I often tell my adjudicato­rs that there isn’t a right or wrong answer but many different answers, some of which are fairer than others.” However, once the Ombudsman comes to a verdict, garages signed up must abide by it or risk being kicked out of the code.

Consumers who approach the Motor Ombudsman must first go through a screening process, checking that the problem falls within the Ombudsman’s remit; it can’t be being dealt with in the courts, for example. “Very few cases are rejected at screening – maybe one or two per cent,” Gasson says.

A customer service advisor then gathers all the informatio­n required from all involved parties, before a case file is passed on to an adjudicato­r. “Broadly speaking, it takes six weeks to assign an adjudicato­r, and around 15 working days for them to make a judgement,” says Gasson.

Arguably, many drivers don’t want to wait for weeks to deal with a dispute, and Gasson admits that the process could be faster, adding: “Yes, 100 per cent we want to lower the lead time; our aim is to issue an adjudicato­r within seven working days.”

To ensure this happens, a new team of customer service advisors has been hired to speed up the process by collecting all the informatio­n from the people who get in touch with the organisati­on.

Last year, the Ombudsman had 42,500 individual contacts from both owners and dealers. These resulted in 2,214 cases being handled by the adjudicato­rs and in roughly 10 to 15 per cent of

cases, either the owner or the dealer appealed the adjudicato­r’s verdict, resulting in Gasson having to review the case. She gives us one example of a case that required her interventi­on.

“An elderly gentleman had bought a car, and his son wanted the dealership to give him a full refund,” she says. “His father was recently bereaved and had been declared medically unfit to drive due to heavy drinking.”

Gasson explains that the dealership initially refunded the father’s deposit and promised to contact his son if he tried to buy the car, while the son informed the dealership he had Power of Attorney over his father. But when the father turned up at his son’s house one day in the same car he’d previously tried to buy, this time, the dealer refused to refund the sale. “The dealership said that they had never seen a copy of the Power of Attorney,” Gasson explains. “They also said the father had seemed rational when he came back.”

At this stage, the son contacted the Motor Ombudsman, and an adjudicato­r ruled in his favour. “We thought that the dealership should have called the son, as promised,” Gasson explains. But the dealership was unhappy, and appealed the decision. “They felt that they didn’t owe the son a duty of care, as he wasn’t their customer,” she adds.

This is when Gasson had to pick up the case. “I agreed with the adjudicato­r. It was clear that the father should not have been sold a car when he wasn’t allowed to drive by his doctor. I awarded a full refund,” she tells us.

This case is part of a growing trend. Gasson says: “We’ve seen an increase in the number of people with vulnerabil­ities [such as mental and physical disabiliti­es, or financial difficulti­es] accessing the service.”

The more straightfo­rward cases Gasson assesses can be dealt with in a couple of hours, but complex ones can take days. “One case involved listening to 48 individual telephone recordings, each of which was 15 minutes long,” she tells us.

Every couple of weeks she sits down with management to conduct three or four case reviews, where they work through cases, talking about the decisions that have been made and how they were

“You get a feel for people and can have a gut instinct, but it’s the facts that ultimately determine the outcome” NATASHA GASSON Motor Ombudsman

 ??  ?? Legal eagle Gasson and her adjudicato­rs use all the informatio­n on each case to cast judgement
Legal eagle Gasson and her adjudicato­rs use all the informatio­n on each case to cast judgement
 ??  ?? Final say
If a customer isn’t happy with the adjudicato­r’s verdict, they can go to Gasson to get a final say – and she can often overturn a finding
Final say If a customer isn’t happy with the adjudicato­r’s verdict, they can go to Gasson to get a final say – and she can often overturn a finding

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