Correct
- February 2008
The only service available to non-members and customers of
non-members is the chargeable one.
Please note: Most complaints are due to a breakdown in communication.
Please ensure you have exhausted every possible course of
action before referring the matter to the Association and
or implementing this procedure.
Important - Please Note: In all cases. Where joint instructions
are accepted, both parties may be present during the on site
inspection. It is our experience that if a joint expert witness
instruction is issued by a Court, then both parties would have
the right to be present during the inspection. Our joint instructions
are therefore accepted on the same basis.
Complaints procedure:
The Association is happy to assist members and customers of
members or customers of other businesses where disputes arise.
However, the procedure is slightly different where non members
are concerned.
In all cases:
For progress to be made in dealing with a complaint, the complainant
must first lodge the complaint in writing, enclosing with the
communication as much detailed information as possible, together
with the completed complaints information form enclosed and
where appropriate photographs of the alleged complaint. We
do not accept instructions or complaints over the telephone,
though we will discuss the case in general terms to assist
the customer in making a decision as to whether or not to proceed.
Very often the parties have made little or no attempt to resolve
the dispute, with the consumer opting to proceed with a formal
complaint and the contractor often doing little to avoid this
course. This is counter productive, we will therefore, always
recommend you speak to the contractor about problems as an
initial step.
Complaints against members:
Stage 1 Free service:
Mediation.
We are keen to assist in the resolution of disputes between
members and their customers and to this end we offer the following:
Any customer may lodge a complaint against one of our members
by firstly sending as much detailed information as is available
to our Head Office in Newport. (See in all cases above) When
we are in possession of the relevant information we will contact
the member in writing with a copy of the complaint. This is
to encourage the member to submit an explanation (Their side
of the story) in defence of the allegation.
When all the relevant facts are before us, we will endeavour
to find common ground and a way forward. Sometimes this involves
a recommendation to do the job again, make adjustments, part
re-cover or possibly compromise. We find that compromise is
by far the best and most popular route and is certainly the
quickest.
If the above procedure is successful, and it very often is,
the file is then closed. However, a record of the complaint
is held for future reference for a limited time.
In the event of the above procedure being unsuccessful, stage
two is offered.
Stage 2 Chargeable Services:
Inspection reports leading to Arbitration - MEMBERS ONLY.
This involves
a visit by an Association Quality Assessor to the client’s
home or the location where the product can be examined. Quality
Assessors are appointed by Head Office,
Newport and will be drawn from a pool outside the immediate
locale of the member whose work is in question. This ensures
the impartiality of the investigating officer.
Our Quality Assessor will examine the product, where appropriate
take photographs and discuss the complaint with the customer.
A report is then compiled and submitted to the client and to
the member, for further consideration.
We would normally expect the member to abide by the findings
of the Quality Assessor, but in the event that he does not,
or if the report is questioned and the content disputed, the
matter is referred to our Arbitration Panel for a decision
on possible further action.
Before taking further action we would normally request that
our Arbitration Panel be given the opportunity to review the
case, and even then, before taking action we will usually advise
an injured party to contact a solicitor to secure an expert
legal opinion.
Meanwhile we at the Association will continue to assist and
negotiate between member and client to resolve the complaint.
If a complaint is upheld against a member we will normally:
• Expect
the member to abide by our Quality Assessors findings.
• Attempt to persuade the member to correct the work or take
other alternative action.
• Make the report available for further action should this be
necessary.
• If the Member fails to act on the recommendations of the report
the issue may be referred to Arbitration.
Arbitration - Members Only.
Whereas the Association
does not have a Code of Practice as determined by the Office
of Fair Trading, it does have an Arbitration
Procedure which it believes encompasses the core values of
the requirements of the OFT Codes of Practice Regime.
An issue can only be referred to Arbitration when the Mediation
process has been attempted and has failed. All cases referred
following Mediation will be considered by a panel comprising
seven individuals as follows:
• Two
Association Quality Assessors.
• One Trading Standards Officer.
• A Solicitor.
•
A lay consumer, to ensure fair play from the complainant’s
perspective.
• A member of the Association appointed from the general membership
with no connection with the management of the organisation.
This individual will be appointed to ensure fair play on behalf
of the member subject to complaint.
•
The Association’s chief executive.
Where appropriate and where an issue involves the quality
of a material, the Association may appoint or refer to an expert
in the materials in question.
The panel will review cases referred to it and deliver an
opinion. In all cases referred to Arbitration a Member will
be required to abide by the findings of the panel and take
such action as required and recommended to resolve the matter
at hand.
It is not
possible to enforce a ruling on a consumer made by a voluntary
arbitration
and therefore a consumer may, if
he/she wishes pursue the matter further through normal channels
including litigation. In such cases the court will, it is believed
take into account efforts made to resolve the matter through
the Association’s voluntary Arbitration Service.
Simple inspection and report.
Both parties to pay full fee. If the complaint is validated,
the party making the complaint will receive a refund.
Please
Note* - All Member Reports and Arbitration’s.
If a member
does not agree to the Inspection or Arbitration service we,
may
act for the consumer. In such cases, if the
member is found to be at fault, we will refund £35 of
the fee and assist the consumer in recovering the balance of
the fee and in resolving the matter through other means.
NON MEMBER SERVICES.
This service is for consumers and others who require an independent
inspection.
IMPORTANT NOTE:
Upholstered Furniture: The fees are based on the examination
of one three piece suite or group consisting of no more than
6 units.
Soft furnishings: The fees are based on the examination of
two sets of regular/ordinary curtains or draperies.
Where the
inspection is to involve multiple rooms or more than the
number of items specified above additional fees will
be payable.
