How do I obtain redress if a firm won’t put it right?

Your questions about money

Dear Rocio,

How can consumers get redress when complaining to a company goes nowhere?

Name and address supplied

Rocio says: Many of us have been there. The product or service we bought hasn’t met our expectations and we want the company we used to put it right. That’s often easier said than done, however. The hours on the phone, protracted email exchanges, the sense that the whole process is balanced in favour of the company from the beginning.

It shouldn’t be like this. One in three of us experience a problem with a product or service every year – but only half of those who pursue a complaint receive a satisfactory resolution.

In some sectors, there is a system to help consumers with complaints when they have been unable to get them satisfactorily resolved by a company. You may never have heard of alternative dispute resolution (ADR), but it can be a valuable way to get issues resolved.

ADR can offer both mediation, acting as an independent third party, and arbitration, where an ombudsman can make a legally binding decision.

However, it isn’t working well enough.

In some sectors – home improvement, motor vehicles and aviation – consumers have no access to ADR because some firms have declined to join a scheme or refused to use ADR altogether; in others, schemes exist but businesses can choose which ones they use, leading to concerns they can game the system so it benefits them, but not the consumers.

To make it work better, Which? proposes four solutions.

First, create a single mandated ombudsman service in key sectors with often complex or high-value cases. Telecoms, energy and rail sectors already have a single ombudsman. Home improvements, motor vehicles and aviation should be added.

Second, create a single accessible source of information on ADR, with better signposting to consumers by companies.

Third, ADR services should also make better use of their data to identify systemic problems, working to tackle poor practices.

Fourth, ADR decisions should be overseen by a robust competent authority. Regulated sectors need the approval and oversight of the regulatory bodies. These would set common performance standards for all ADR schemes.

An improved ADR system may not be the most glamorous thing, but, when it works well, it can save us time, money and energy.