Agent expelled from Ombudsman scheme after 'offensive language'

An estate agency that failed to pay a £500 award made against it and which was rude to the complainant has been expelled from The Property Ombudsman scheme.

Orchard estate agents, which operates both sales and lettings in Ampthill, Bedfordshire, had been judged by Ombudsman Christopher Hamer to have failed to keep clear and written records and produce them when he required to see them to investigate the complaints from a property seller.

Not all of the complaints were upheld, but the Ombudsman made an award of £500, which the firm failed to pay.

Instead, it offered to settle the award through small instalments which would have taken about four years, but the complainant exercised the right to reject this.

The Ombudsman scheme’s disciplinary and standards committee (DSC) wrote to the agency saying that the award must still be paid but, aware that the agency was for sale, added that its censure of the agency for its behaviour would not be publicised.

The agency responded in robust terms that it wanted to withdraw from TPO, said Gerry Fitzjohn, vice-chairman of the company operating the scheme, despite the DSC already criticising Orchard’s use of “dismissive, unprofessional and offensive” language in responding both to the complainant and TPO staff.

Fitzjohn said: “We have refused their withdrawal from full TPO membership and they now have the minimum legal requirement of Consumers, Estate Agents and Redress Act registration.

“It is a regrettable state of affairs when a company can only reply with rudeness to both a complainant and TPO staff and make a derisory offer to settle an award against it.

“The failure to apologise to the complainant or to comply with the Ombudsman’s award are flagrant breaches of our sales code of practice and the only appropriate disciplinary action is for Orchard Estate Agents to be expelled from TPO voluntary membership for a minimum of two years.

“Orchard retains CEARA registration for its sales activities until such time as the DSC decides the expulsion can be rescinded, because only the OFT is able to ban an estate agent from trading. If TPO denied CEARA registration, the effect would be to close the agent’s residential sales business. However, OFT and Trading Standards will be made aware of this expulsion and the reasons for it.”

According to its website, Orchards are Bedfordshire’s number one agent, “offering powerful customer service”.