[Question] Ombudsmen - who do they work for?

[Marq]

The consumer has the idea that they can easily obtain repair for shortcomings by approaching the regulatory authority.

This is from a discussion on the electrical industry and I am certainly one of those consumers who believed at one time that that the regulatory authorities are in place not only to ensure regulation within their own industries but also there for my protection.

However after having tackled and tested the ombudsmen from the banking, financial services and insurance industries, the estate agents board, the medical council and the natal Law society without one success despite obvious transgressions by their members, I have come to the conclusion that these 'organisations' could be no different to a laundry operating as a front for organised crime.

Has anybody out there had a positive experience when it comes to these great people that have been put out there as front men for dodgy practises within industries that govern our everyday lives?

[Dave A]

I look forward to hearing people's experience on this too.

At this point, though, I'll point out that there is a difference between ombudsmen and regulatory authorities referred to in the electrical thread. The legislation in the electrical contracting and pest control industry prescribes the penalties for transgression. I think ombudsmen operate under a far more loosely defined regulatory environment, can deal with harmful practices and can make awards*, which is something a little different from regulatory transgressions.

*Can instruct the company to take specific actions or payment to remedy the client's complaint.

[wynn]

I experienced the uselessness of the Estate Agents Board in another business life a while ago.
I had a sole mandate on a property and unregistered agents from another agency trampled all over the seller and my prospective purchaser.

When we eventually got to the EAB hearing they were found guilty and fined R250.oo at the time the commission was R20,000.oo

It took me another 10 years of ducking and diving in civil court to extract my money from the seller.

The interest after 5 yrs equalled the amount owed (R40,000.oo) so that froze the amount I could claim.

The next 5 yrs interest doubled the amount they owed me (R80,000.oo) so in the end they never lost a penny.

The lesson I learned from this is:- if you owe someone money stall for 10 yrs while the money quadruples in value with interest, then pay half to the guy you owe, you still walk away with double what you owed to start with.

[Dave A]

I see there is a Financial Services Laws General Amendment Bill before parliament at the moment. The goal is to tighten up on regulatory control. As Trevor Manuel puts it:

Some high profile cases of abuse, such as the Fidentia matter, have highlighted the need for tighter financial sector laws, better enforcement capability and improved co-ordination between various regulators and statutory bodies in the financial sector. National Treasury has commenced a process whereby lacunae in statutes and co-ordination between regulators can be improved. This work is on-going, but there are a number of important interventions which can be made at present in order to provide consumers with increased peace of mind and protection.

Madam Speaker, I must mention that none of what is proposed impedes our criminal justice process, and in fact assists it. It is my unwavering belief that white collar criminals who steal from all and sundry, but especially from blue collar workers, must spend time in jail!

[Marq]

white collar criminals who steal from all and sundry, but especially from blue collar workers, must spend time in jail!

mmmmmm.......So it is OK to steal from the rich and the office workers to give to the poor but beware you steal from the perceived working class hero's on the shop floor.

Methinks the man has a basic problem with who's who in the zoo and what the definition of a crime is along with the relevant punishments therefore. I also think that this amendment bill is designed to tighten up the covers over their arses and have nothing to do with protecting the general public.