DSA consumer complaint procedure
These guidelines set out how a complaint will be dealt with
once it has been referred to the Independent Code Administrator.
1. Representation and Costs
I. The complaint procedure is intended to be straightforward, quick and
cheap.
II. Thus the complainant may use the complaint procedure without being
obliged to use a legal representative. Although the complainant will
normally not have any professional representation, the consumer is
nevertheless free to use professional representation, assistance or
advice. The complainant will have to bear the cost (if any) of this. The
Code Administrator does not make any orders for the payment of either
side's costs by the other.
III. The procedure is free to the complainant.
2. Establishing the facts
I. The procedure will normally be conducted entirely in writing. Where
both parties agree and it is convenient to both parties and the Code
Administrator, it may be conducted entirely or partly by email.
II. If, exceptionally, the Code Administrator considers it necessary to
conduct an oral hearing, both parties shall be entitled to be present.
III. It will be an open procedure. Thus all material submitted by each
side (whether documents or written answers to questions or any other
material) will be available to the other, who will be entitled to make
comments upon it. Such comments should be made promptly. In the case of
written material submitted by the DSA member, the DSA member will be
expected to supply two copies (one to the Code Administrator and one to
the complainant).
IV. The Code Administrator may himself take an active part in the process
in that he (a) may at any stage before making an adjudication encourage
the parties to settle the dispute amicably, and
(b) may himself pose questions to one or other of the parties and ask for
specific information and/or documents. The parties will be expected to use
their best endeavours to answer such questions and provide the requested
information and/or documents.
V. The Code Administrator may seek evidence (normally in writing) from any
relevant person. Copies of any such evidence will be made available to the
parties.
VI. Before making an adjudication, the Code Administrator may issue
provisional findings of the facts and ask the parties to comment upon them
before reaching his final findings of the facts. His findings will be
based on the information supplied by the parties and any other information
which the Code Administrator has obtained under 2 (V) above.
3. Quickness of the Procedure
I. The Code Administrator will determine the matter as quickly as possible
after the complaint is referred to him.
II. The speed with which the procedure is completed is to some extent
dependent upon the parties supplying documents, answering questions etc
quickly.
III. The Code Administrator may, at any time in the process, impose
deadlines for responses and failure to meet a deadline may result in an
adjudication which fails to take into account the missing response(s).
IV. In any event, the Code Administrator will normally deliver his
adjudication within two weeks of receiving the final
representations/documents/comments of the parties.
4. The Adjudication
I. The Code Administrator will uphold the complaint, if there has been a
breach of the Code.
II. If he finds that there has been a breach of the Code, he may impose on
the DSA member any, or none, of the Sanctions listed in para. 16 of the
Code.
III. He will give both parties a copy of his written adjudication.
IV. The adjudication is binding on the DSA member but not on the
complainant.
5. Confidentiality
I. Except as mentioned in this paragraph, the proceedings and the
adjudication will be confidential to the parties and to the Code
Administrator.
II. The Code Administrator may refer the matter to the Disciplinary
Committee under para 16 of the Code.
III. The Code Administrator shall summarise all complaints in general
terms in his annual report to the DSA council (which report may be
circulated to consumer bodies, such as the Office of Fair Trading and the
Consumers? Association having an interest in the proper functioning of the
complaints procedure). Such summaries of complaints shall not identify the
complainant; nor will they name the DSA member; they will describe the
type of complaint (in general terms) and indicate whether (a) it was
settled before adjudication and, if not, (b) the party in whose favour the
adjudication was made.
September 2001
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