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So, even if companies do not offer ADR, it is now the law that where firms reach the point where their complaint procedures have been exhausted and there are still disputes, they must legally provide the consumer with the following:• a statement that the company cannot settle the complaint with the consumer. • the name and website address of an ADR provider in the glazing sector that could deal with the complaint (e.g. TGAS), if the consumer wishes to use ADR. • whether the company are obliged or prepared to submit to an ADR procedure operated by that provider (in other words, the trader has to give the consumer details of an ADR provider but does not have to agree to use ADR). Continued on page 36...
Member Engagement is the Key for CAB
See pages 76 & 77 for the full article
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What is ADR, and what has been the legal obligation from 1st October 2015 for all businesses who sell to consumers? ADR stands for Alternative Dispute Resolution, of which arbitration and ombudsman schemes are examples, and is being promoted by Government via the EU ADR Directive.
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ADR is usually cheaper and quicker at resolving disputes than going to court. Whilst the Directive does not make the offering of ADR mandatory, there is the “business obligation” for all businesses who sell to consumers to comply with.
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The Government believes that more and more consumers will look for a trader which offers ADR, in the event of an unresolved dispute between the consumer and the trader.
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TGAS is operated independently by a Chartered Trading Standards Institute Certified ADR body, the Centre for Effective Dispute Resolution (CEDR), Consumers will be signposted to TGAS by the Citizens Advice helpdesk which receives consumer enquiries regarding ADR. However, consumers will have had to go through the GGF Conciliation Scheme or FENSA complaint process for at least 56 days and still be in dispute before being able to progress to arbitration.
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Becoming a TGAS trader and being listed on the TGAS website offering ADR is free of charge for GGF Member companies as part of their membership, and is also available free of charge to FENSA registered firms who wish to “opt in” to ADR - contact tgas@fensa.org.uk.
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The GGF is pleased to announce the launch of a dedicated website for The Glazing Arbitration Scheme (TGAS), www.tgas.org. uk. The TGAS scheme complies with the EU ADR Directive implemented 1st October 2015, and is the primary ADR Scheme for the glass and glazing industry.
Issue 63 June 2016
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