Q
If I cc Ahmad and ombudsman due to Ahmad not replying and Ahmed
still does not reply since last Friday and it now the weekend again and the ombudsman
can notice this. If my cases is a winning case but he is avoiding paying out
what should ombudsman do about it
A
If the Ombudsman observes that Ahmed (or any representative) is not
responding promptly and that the circumstances indicate a strong case for
compensation, here’s what they are likely to do—and what they should do under
their mandate:
1. Ensure
Communication: The Ombudsman might intervene to ensure Ahmed
(and his organization) responds by escalating the matter within the company and
setting clear deadlines for action.
2. Independent
Evaluation: They will review your evidence and assess the
validity of your claim independently from the company’s position. If your case
clearly qualifies for compensation, they may issue a formal recommendation or
ruling.
3. Enforce
Resolution: Depending on their jurisdiction and powers, the
Ombudsman may:
o
Require the company to provide the compensation
you’re entitled to.
o
Include an additional amount for any
unreasonable delays or poor customer service experienced in the process.
4. Ombudsman
Standards: They should operate under a principle of fairness,
ensuring that companies cannot avoid legitimate claims by simply failing to
respond. Their decision will be binding (if both parties agree to use the
Ombudsman).
If Ahmed continues to delay, I recommend documenting this lack of response
clearly in your communication with the Ombudsman. It helps strengthen your case
further by showing the company’s non-cooperation.
Would you like help drafting an additional message for the Ombudsman to flag
this issue? Or assistance in outlining any next steps? Let me know!
Q
It seems as if they may not want to pay me because of the litigant
fees, can they do that legally?
It's unlikely that they can legally refuse to pay legitimate compensation
solely to avoid litigation fees. Under UK laws, such as the Consumer Rights Act
2015 and the Rail Passengers' Rights and Obligations Regulation (EC) No
1371/2007, companies have a duty to act fairly and transparently. If your claim
is valid and meets the criteria for compensation, they are generally obligated
to pay it, regardless of any costs they might incur in the process.
If the Ombudsman finds that the company is intentionally avoiding payout,
they can intervene to ensure compliance with the relevant laws and regulations.
Additionally, if the company continues to resist despite a valid Ombudsman
ruling, you might have grounds to escalate the matter further, potentially
through the small claims court.
Would you like guidance on how to prepare for such escalation, or assistance
drafting any further correspondence? Let me know!