BAR Independent Alternative Dispute Resolution Paul Swindon BAR Company Secretary British Association of Removers If you’re moving, look for the badge

The old ADR System British Association of Removers Complaints were handled by Complaints And Disputes Resolution (CADR) Ltd - subsidiary of TPO Ltd. Two stage process; Conciliation – informal process Adjudication – legally binding from the outset Number of Complaints received; 2014 = 422 complaints 2015 = 462 complaints British Association of Removers If you’re moving, look for the badge

The New IADR System - TPO From 1st January 2016, all customer complaints made against a BAR Member will be handled exclusively by The Property Ombudsman (TPO) Ltd Switch to TPO processes and resources Greater focus on initial (in-house) complaints handling Member’s less involved with the IADR process. BAR continues to regulate its Members in line with its Membership Criteria and TSI Approved Code of Practice. British Association of Removers If you’re moving, look for the badge

The New IADR System - TPO Member intial complaint handling to Final Viewpoint Letter (FVL) Complainant contacts TPO for complaint assessment and complaint form (CF) issued if required Completed CF received or Early Resolution Attempted and/or Branch file (BF) & submission letter (SL) requested from BAR Member BF & SL received. Comments on SL requested from complainant Full Case Review and proposed decision Representations from complainant and BAR Member Final decision and award 28 Days 28 Days 14 Days 90 Days (Unless complex) 14 Days member / 28 Days complainant 8 Weeks British Association of Removers If you’re moving, look for the badge

Who are The Property Ombudsman? A qualified, independent and approved Consumer ADR body under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Not a regulator Provides a service free to consumers Decisions binding on registered firms Awards of compensation British Association of Removers If you’re moving, look for the badge

Definition of a complaint ‘An expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about the provision of, or failure to provide a service’ British Association of Removers If you’re moving, look for the badge

Consumer Obligations British Association of Removers Must refer the matter to the firm first No later than 12 months after event Referral to Ombudsman no later than 12 months after firms final viewpoint Cannot raise new issues with Ombudsman British Association of Removers If you’re moving, look for the badge

Internal Complaints Handling The Customer writes to you clearly setting out their complaints You acknowledge their complaint within 3 working days You conduct an internal investigation You provide a formal written outcome of your investigation within 15 working days to the Customer If the Customer remains dissatisfied they must write to you again explaining why You provide a written statement expressing your final viewpoint following a second review of the complaint British Association of Removers If you’re moving, look for the badge

What happens if referred to TPO? Consider jurisdiction Is there a Final Viewpoint letter from the Remover? Have the timescales been followed? What TPO need Complainant’s papers, completed Complaints Form Complete branch file, submission letter British Association of Removers If you’re moving, look for the badge

What happens if referred to TPO? Consider early resolution Proposed decision Representation process Final decision – award in full and final settlement, binding on Member Hearings British Association of Removers If you’re moving, look for the badge

What is taken into account? Submissions from both parties Law – but not a legal determination BAR/TSI Code of Practice Rules and regulations Fair and reasonable British Association of Removers If you’re moving, look for the badge

Relevant Legislation British Association of Removers Consumer Protection from Unfair Trading Regulations 2008 Consumer Rights Act 2015 Consumer Contract Regulations 2013 Alternative Dispute Resolution for Consumer Disputes (competent authority and information) regulations 2015 BAR/TSI Code of Practice British Association of Removers If you’re moving, look for the badge

Awards British Association of Removers Compensatory awards, not penalties Up to £5,000 max. Quantifiable loss, actual loss Aggravation, distress and inconvenience British Association of Removers If you’re moving, look for the badge

2014 Case Issues British Association of Removers Part-Load/Groupage Services Quoted vs Services Provided Packing Communication British Association of Removers If you’re moving, look for the badge

2015 Case Issues British Association of Removers Communication Service Damages Additional Charges British Association of Removers If you’re moving, look for the badge

***Only one fee is payable, not both*** Cost of ADR Early Resolution - £250 + VAT Full Review - £350 + VAT ***Only one fee is payable, not both*** British Association of Removers If you’re moving, look for the badge

What can you do to avoid complaints Communication and understanding Transparency, clarity of fees, commitments Keep records Meet any promises made to consumer or explain why you can’t Deal with the dissatisfaction British Association of Removers If you’re moving, look for the badge

Handling the complaint? Structured approach to complaints handling Somebody not involved in the complaint If you’ve done something wrong… admit it! Clear explanation of your stance Adhere to a reasonable timescale Keep the consumer informed Learn from the complaint British Association of Removers If you’re moving, look for the badge

Consumer Action Monitor Research Making the problem right 74% An apology 44% Financial compensation 27% Don’t know 8% British Association of Removers If you’re moving, look for the badge

Resources – Members Guidance Pack BAR Website / MyBAR / Resources / Complaints Documents Includes; 1. Members Guide 2. TPO Process Flowchart & Timings 3. Overall Compliant Process 4. Final Viewpoint Letter Template (must contain TPO’s details) 5. Consumer Guide 6. Flowchart Process 7. Complaints Handling Process British Association of Removers If you’re moving, look for the badge

British Association of Removers If you’re moving, look for the badge

Regulatory Department …but just in case you do… Any queries Regulatory Department Call: 01923 699 486 Email: Regulatory@bar.co.uk British Association of Removers If you’re moving, look for the badge