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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 2015 Case Issues British Association of Removers Communication Service
Damages
Additional Charges
British Association of Removers
If you’re moving, look for the badge

16. ***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

17. 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

18. 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

19. 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

20. 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

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

22. Regulatory Department
…but just in case you do…
Any queries
Regulatory Department
Call:
British Association of Removers
If you’re moving, look for the badge