Communications Complaints Guidance - ConsumersContact us: 0203 621 3908 or 07827 961764 or by email to firstname.lastname@example.org
GUIDANCE FOR CONSUMERS – OfCom Cases
We are certified by OfCom to deal with complaints about certain categories of complaint about communications providers and postal operators, set out on the main page.https://www.promediate.co.uk/other-mediation/complaints-about-communications-providers/
What is Click2Resolve?
Click2Resolve is an independent alternative dispute resolution service, which is the trading name of Promediate (UK) Limited, which has been set up to resolve disputes between customers and businesses in the UK in accordance with the ADR Directive and ODR Regulations.
ProMediate (UK) Limited is registered with the Civil Mediation Council and certified by OfCom to deal with complaints in certain categories only relating to communications providers and postal operators.
ProMediate will accept any complaints about a business, subject to the terms of acceptance, to include both domestic and cross-border disputes, including disputes referred via the new online dispute resolution platform.
The consumer indicates agreement to the terms and conditions of the mediation process when submitting the Complaint Form.
Who makes the decision in relation to my dispute?
ProMediate does not make a decision about your dispute but conciliates and mediates between you and the business in an attempt to help you to reach a settlement.
The process is entirely voluntary and non-binding until any agreement is reached between you.
The process begins with the customer submitting a Complaint Form and supporting documents, by email, uploading them to the website, (or by post). The customer will also indicate their chosen method of communication for the process and make payment.
After you have submitted your complaint form and any supporting documents, we will forward these to the Business within 7 calendar days. The business will then submit its response form and supporting documents, within calendar 7 calendar days and we will then contact the parties by telephone or email to try to resolve the case.
Consumers will be provided with a copy of any response filed by the business, or a summary if this is provided by telephone, so that they can consider their case.
Upon receipt of the Complaint Form, a mediator will be allocated to deal with the case, after checking that they do not have any conflict of interest and that the Refusals Policy does not apply (see below).
ADR Officials – The Mediator
Your claim will be dealt with by a professional, fully trained ProMediate mediator (ADR Official) who will be completely independent and impartial as well as being knowledgeable regarding the Consumer Rights Act 2015 and other consumer legislation. If your complaint concerns postal or communication services, it will be dealt with by a mediator with experience of postal and communication litigation and a knowledge and undersanding of the Postal Services Act and Communications Act.
A list of ProMediate’s current mediators can be found on the website, with details of their experience and qualifications.
The mediators possess a general understanding of the law and the necessary knowledge and skills in the field of out of court or judicial resolution of consumer disputes, to be able to carry out their functions competently.
Each mediator is a permanent appointment to the panel of mediators and an independent contractor, ensuring the independence of their actions and they cannot be relieved of their duties without just cause.
ProMediate will replace a mediator who declares that they have a conflict of interest in relation to a dispute with another mediator.
If a mediator who declares a conflict of interest cannot be replaced by another mediator, then the mediator will stop conducting the dispute resolution procedure. Where possible, a proposal will be put to the parties that they submit their dispute to another ADR organisation competent to deal with it; where this is not possible, a declaration to the parties as to the circumstances of the conflict of interest declared by the mediator, that they have a right to object to that mediator continuing to handle their dispute and that the organisation can only continue to deal with the dispute if no party objects.
The Mediation Process
The ProMediate mediator will act as a go-between between you and the business, discuss the details of the complaint and see whether there is any scope for agreement between you. All communications between you, the business and the mediator during the process will be “without prejudice” (that is, that they cannot be referred to elsewhere, for instance in court proceedings) and are non-binding. You are free at any stage to terminate the mediation process.
How will the mediator assist in resolving the case?
The mediator will negotiate between the parties to find an amicable solution and if the complaint settles, will help draw up an agreement. If, at the end of the 28 calendar days from receipt of the Complaint Form and Response Form (or 90 day long stop), no solution has been agreed, the mediator will confirm that no settlement has been reached in durable format. During the process they will consider the evidence submitted by the parties and the Complaint and Response Forms, all relevant law, when considering what is most fair and reasonable in light of all of the circumstances before them.
The parties can agree to extend the period of 28 days in which case there is a long stop deadline of 90 calendar days to complete the process.
Can I talk directly to the mediator?
Yes, after you have submitted your Complaint Form and supporting documents (online or by post), the mediator will forward these documents to the business within 7 days and the business will submit its Response Form and documents (or respond by email or telephone). The mediator will then email or telephone you within a further 7 days after the business has submitted its Response Form and documents. During mediation the mediator is available to discuss the matter further by telephone (without the business hearing what you have to say) or will use the preferred means of communication. The mediator will provide you with a copy of the business’ response to the complaint or summarise this if provided by telephone.
The Click2Resolve process is flexible and therefore communications between the parties and the mediator can take place by telephone, email, or post and documents can be uploaded onto the website. The mediator will adopt the means of communication with the customer indicated as preferred by the customer when submitting their Complaint Form.
Will there be a hearing for me to provide evidence?
No, there is no hearing as such where a decision is made. Instead, the mediator will communicate with you and the business separately in confidence to try to resolve the case, using your chosen means of communication.
Do I have to use Click2Resolve?
No, you are not obliged to make an application to ProMediate in order to resolve your dispute.
Do I have to pay to use the scheme?
No, for cases where we are able to act as an OfCom certified provider, the system is free to consumers. The Business pays a fee to ProMediate.
Can I recover the costs of preparing my Click2Resolve case?
No, you must pay any costs you incur in preparing and submitting your case to ProMediate, which include any incidental or third party costs. If, for example, you decide to take legal advice about making an application you must pay for that yourself.
Do I need a lawyer?
No, you do not need a lawyer but you can choose to use one if you wish, but you will have to pay all of the legal (or other professional) costs you incur in making your application yourself.
Referring a Dispute to ProMediate
When can I make an application to ProMediate?
An application to ProMediate can be made after:
- you have exhausted the business’ complaints procedure; and
- you have been told by the business that that you are eligible to apply to ProMediate in an email or “deadlock” letter (where you have come to the end of the internal process and the dispute has not settled).
What should I consider before making my application?
You should read these guidance notes carefully before making an application to ensure your claim can be dealt with by ProMediate.
What kind of disputes can ProMediate deal with?
We can deal with disputes related to any consumer issues relating to the provision of goods and/or services which have been the subject of an internal business complaints procedure.
ProMediate will assess your application against the Refusals Policy criteria (see below) and if your dispute does not fall within the scope of the scheme, you will be told by ProMediate and your application will not be referred to a mediator.
The business will also have the opportunity to object to the acceptance of your application if it considers that the dispute is outside the scope of the scheme. In such circumstances ProMediate will rule on the validity of the application and the decision of ProMediate will be final.
What kind of disputes cannot be dealt with by ProMediate? – Refusals Policy
If any of the following apply then ProMediate cannot deal with your complaint:
- if prior to submitting the complaint, the consumer has not attempted to contact the business concerned in order to discuss the customer’s complaint and sought, as a first step, to resolve the matter directly with the business.
- any dispute or disputes that are and considered by ProMediate to be frivolous and/or vexatious.
- the dispute is being or has been previously considered by another ADR entity (such as a different mediator or Ombudsman) or by a Court
- the value of the claim is worth more than £10,000.
- the customer has not submitted the complaint within 12 months from the date upon which the business has given notice to the customer that the business is unable to resolve the complaint with the customer.
You should only apply if your dispute falls within the criteria of acceptable cases detailed above. If you are unsure, you can contact ProMediate.
What is the maximum amount I am able to claim under ProMediate scheme?
The maximum claim amount is £10,000 per purchase or per transaction. Claims with a higher value can be dealt with by ProMediate outside the scheme.
Where, in accordance with the policy on refusals ProMediate is unable to consider a dispute submitted to it, we will provide both parties with a reasoned explanation of the grounds for not considering the dispute within 3 calendar weeks of receiving the ‘complaint file’, unless we have been misled by one of the parties into considering a dispute.
What should I put in my application?
You will need to include the letter or email from the business telling you that you can apply to ProMediate. You should set out what your dispute is about and your application should include details of:
- the company’s goods or services which the dispute is about;
- the events leading to the complaint;
- the precise issues in dispute;
- the steps already taken to attempt to reach a resolution with the business;
- the relevant dates for the service issues and prior steps taken to seek resolution;
- the reasons for requesting the remedy or remedies sought;
- the reasons and evidence in support of any compensation claimed;
- the remedy or remedies being sought;
- any relevant supporting documents – remember it will help your application if you can provide evidence to support your claim.
Finally you must let us have your authority to allow the company to release all information on their files relating to your claim.
ProMediate has designed an application form (online) that will take you through these requirements step by step.
Can ProMediate help me with my application?
Yes, the ProMediate team is available to offer guidance about how to make your application. ProMediate is committed to providing appropriate accessibility for everyone it deals with. ProMediate will not, however, be able to tell you how to set out your claim or offer any advice about the claim you wish to make.
The business made me an offer before I made my application, can I still accept it?
Yes, any offer or offers made by the business before you made your application are open and you can accept them after you have made your application, unless the business has withdrawn the offer.
What if the business makes me an offer after I have made my application?
You can accept any offer made by the business after you have made your application. This is called an agreed settlement.
Will ProMediate negotiate with the business for me?
Yes, ProMediate is an impartial, independent dispute resolution service; it will not act for either you or the company. However, negotiations will only take place during the mediation process and ProMediate cannot be asked to take extra steps outside the mediation process.
Mediation Settlement Agreements
What can ProMediate make the business do?
Whilst it is anticipated that businesses will comply with settlement agreements, ProMediate cannot make the business comply with any settlement agreement reached, but a settlement agreement will be binding on the parties (and is enforceable using other agencies).
During the process, we can, if appropriate, suggest that the business provide or do any or all of the following:
- provide an explanation and/or an apology;
- provide replacement goods or services;
- do something about your bill or bills;
- take some specified action ;
- provide financial compensation
Remember that in all cases the mediator cannot order the business to pay you or to take any action or provide any goods or service. If the business does not honour the agreement, you will need to apply to other agencies including the Court to enforce the agreement.
Can ProMediate fine the business and/or take any punitive action against it?
No, ProMediate is not a regulator and cannot impose fines on businesses. The role of ProMediate is to resolve individual disputes between customers and businesses in an impartial manner.
What should I do when I receive a settlement proposal?
You are free to take the matter further at any stage (before settlement).
You have 5 calendar days to tell ProMediate whether you accept any proposal (unless we agree a longer acceptance period). If you accept a proposal, it will be binding on the business and the customer.
Service: What if I want to complain about ProMediate?
ProMediate has a set complaints procedure which can be found on the website. ProMediate is registered with the Civil Mediation Council as an ADR Provider and complies with the EU Code of Conduct for Mediators.
Is ProMediate registered under the Data Protection Act 1998?
ProMediate Click2Resolve scheme is operated by ProMediate (UK) Limited, which is registered under the Data Protection Act 1998.
Any Queries? Contact Us:
ProMediate (UK) Limited – Click2Resolve Brow Farm Top Road Frodsham WA6 6SP
Tel: 0203 621 3908 Email: email@example.com
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ProMediate is certified by CTSI to provide mediation services for consumer/business disputes in the UK. The charges that ProMediate is authorised to raise for each dispute dealt with are as follows:
Cost to businesses:
Value of Goods or Services
Up to £1,000 – £50 plus VAT
– £2,500 – £75 plus VAT
– £5,000 – £100 plus VAT
– £7,500 – £125 plus VAT
– £10,000 – £150 plus VAT
Payment can be made here for individual disputes:
Business Membership fee £100 plus VAT – sign up here……
Cost to Consumers:
Value of Goods or Services
Up to £1,000 – £10 plus VAT
£2,500 – £25 plus VAT
£5,000 – £50 plus VAT
£7,500 – £75 plus VAT
£10,000 – £100 plus VAT
The above charges are based upon 1 hour of mediator time. Disputes above this value can exit the scheme and be dealt with by ProMediate’s general mediation service.
It is a term of the Click2Resolve scheme that the business and consumer must consent to use the service, before instructing us.
Payment by Consumers can be made here……
Mediation Set up Service
If you contact us without first getting the other person or business to agree to use our service, we will contact them to try to obtain their agreement.
In those circumstances we do charge a set up fee for this service. It is sometimes possible to resolve your dispute informally after one or two calls without even booking a mediation appointment!
When we receive an initial enquiry we crack on immediately trying to make contact with the other side in the dispute, emailing info, leaving messages on the telephone and even text messages. Our working hours are never 9-5 and we will often make contact at a time that meets the needs of our clients, evenings and weekends included.
Sometimes one side requires key information before they will agree to mediate. We will often liaise with all concerned to make sure this is shared. Once contact is made there will be further to-ing and fro-ing to set up the appointment, documents sent out and making sure everyone is comfortable with the process.
We charge the following fees for contacting the other party in this way:
Value of Goods or services:
Up to £1,000 – £10 plus VAT
– £2,500 – £25 plus VAT
– £2,500 upwards – £50 plus VAT
If you have already discussed your case with one of our mediators and need to pay your set up fee click below to pay by PayPal (if you need an alternative payment method please contact our office on 01928734630). (click below to make a payment)