Speedy solution
Members must take all reasonable steps to promptly resolve customer complaints and disputes, recognising that prolonged disputes are bad for their business and bad for the standing of the association and its Members as a whole.
Trading standards departments
The TCA recommends that Members should maintain routine contact with the local trading standards department.
Responding promptly
Complaints and responses should be recorded. If the complaint is made in writing a response must be made in writing within 14 working days, notwithstanding any informal response that might be made.
Maintaining records
A person with executive authority will be made aware of formal complaints received by the company and records will be kept by the Member to enable meaningful statistics to be compiled with regard to customer complaints. The Member must have the ability to trace any particular complaint through their complaints procedure.
Solving disputes
The TCA cannot formally become involved in any dispute where the original supply date is prior to the Member joining the association.
If the Member and the customer cannot satisfactorily resolve an issue, having clearly made realistic efforts to do so, the TCA is willing to help and give impartial guidance to either or both parties and to offer the services of conciliation.
Should the complaint become a matter of dispute requiring third party assistance Members agree to co-operate fully with trading standards departments, consumer advice departments or others in an attempt to find a solution.
Technical Report
The TCA has a Technical Panel Scheme. Where there is a dispute based upon specification and/or performance of goods that have been supplied, either or both parties may request that the item be examined by a Member of the Technical Panel, who will produce an impartial written report, following thorough examination and testing. Please contact the TCA for further details of this chargeable service.
Note: Expert Witness. Should a court call for the appointment of an expert witness the TCA will put forward a Member of the Technical Panel, however the charge for such a person’s services is not within the normal Technical Panel Scheme and should be negotiated directly with the Member.
TCA conciliation procedure
If the customer remains unsatisfied with the action taken or solution offered by a Member then the customer may make a written request to the TCA to become involved, enclosing a brief clear statement of the facts as interpreted by the customer. The TCA will then attempt to negotiate a fair, reasonable and mutually acceptable settlement. Members will co-operate fully with the TCA in the search for a settlement. TCA staff and directors will not reveal details of any dispute issue to any outside party.
Note: Reasonableness. Bear in mind that opinion as to what is “reasonable” will vary according to product value, price and supply route. Whilst it might theoretically be reasonable for a retailer who charges high prices to swap out a product free of charge outside of the guarantee period when there is only a minor fault, an Internet reseller who you chose because they were the cheapest is unlikely to do the same. Consumer and retailer opinion as to what is reasonable are usually different and a decision may often require recourse to the law.