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Where to go for help with consumer problems
Do you know the difference between the OFT and Trading Standards? Did you know that Ofcom and Ofgem will not help you sort your complaints? Do you know who to contact with a problem? This is our guide to where to get help with your consumer issues.
We at Plebble have become increasingly puzzled why the consumer protection framework in the UK has to be so complicated and difficult for consumers to access. We all hear about the Office of Fair Trading (OFT), Trading Standards, Ofcom, Ofgem, Ofwat, Postcomm, Consumer Focus, Consumer Direct, the Financial Services Authority (FSA), the Financial Ombudsman, Citizens Advice etc... . But do we know what they actually do and more importantly, do we know what they can and can't do to help us with our own consumer problems.
Consumer organisations in the UK fall into 5 main categories. Each category has a different role and can do different things for consumers. We have described each category and broadly how each works for you. Then to find who fits where, we have put together a quick reference table for most of the main consumer areas. And finally, if you need more information and contact details, we have listed all the consumer organisations mentioned with more detailed descriptions of what they do.
The 5 main categories are:
1. Industry regulators
Industry regulators look at the overall performance of an industry and ensure companies meet certain standards which the regulators set. They are designed to protect the consumer from unfair practices and ensure companies compete on a level playing field. Consumer complaints (either passed directly or fed in from other organisations) inform their work, but they do not investigate or help to resolve individual consumer problems (with certain exceptions). So, whilst their website may be a useful resource for general advice, they are not usually the place to go for help with a particular issue.
2. Trade associations, ombudsmen or alternative dispute resolution (ADR) schemes (statutory or voluntary)
In some areas, such as banks, communications and energy, membership of an industry scheme (often called an ombudsman) is a legal requirement. A statutory ombudsman like this is designed to help you to resolve an issue with a company in their area. They will typically expect you to try to sort the issue with the company first before they will take on the case.
In other areas, such as estate agents and building services, membership of trade associations or schemes is voluntary. These membership organisations set standards which their members must meet. If a member company does not comply with these, then they may be able to sanction eg. expel them from the association. To varying degrees, these associations should be able to help with information and advice on how to deal with a complaint with a company in their area and, if the company is a member, some will get directly involved to mediate between you and the company. Before you enter into a contract or make a significant purchase, it is always worth checking whether the company is a member of its industry association or scheme – it is an added indication of trust-worthiness as well as possibly giving you an extra avenue to pursue if things go wrong.
3. Compensation schemes (statutory or voluntary)
Some industries, such as savings, water, energy and air travel, have statutory compensation regulation which legally entitles you to compensation in certain circumstances. Other industries, such as travel agents and tour operators, operate voluntary schemes where, if the company concerned is a member of the scheme, you may be able to claim money from the scheme if things go wrong.
4. Consumer advice services
There are all sorts of government-funded and charitable organisations to go to for independent advice on resolving various issues, as well as some private companies who provide advice, eg. on debt management. However, you should be wary about firms charging for advice and should always go to an independent, government-recommended service first. The UK's main consumer advice service is Consumer Direct, which is jointly run by the Office of Fair Trading and Trading Standards.
5. Consumer pressure groups
These are not-for-profit organisations, some of which get government funding, who campaign on behalf consumers in different areas to improve and enforce industry standards. They can be a source of support and useful information (particularly on your rights in a particularly situation), but in most areas will not get involved in individual cases, unless it is in the wider interest.
Who fits where?
Click here to download our quick reference table or view it below:
Index of organisations
1. Industry regulators:
1A. GENERAL
Office of Fair Trading (OFT): is the UK's general consumer regulator and is a non-ministerial government department. It looks at UK consumer market issues and monitors whether businesses are sticking to consumer and competition law. It encourages businesses to self-regulate as well as taking sanctions, such as court action, against persistent and serious offenders. The OFT issues licences for some industries- eg. All firms lending money to consumers (eg. credit cards, loans, overdrafts, debt advice) must be licensed by the OFT (check whether a firm has an up-to-date licence by checking the Consumer Credit Register). They also licence estate agents (check the Estate Agent Register to see whether an estate agent has been banned or warned by the OFT). The OFT publishes Approved Codes of Practice for various industries (eg. debt collection) which can be a useful read to see what minimum standards businesses should be providing. The OFT won't get involved in individual cases. Individual advice is given by Consumer Direct (see below), the advice service jointly run by the OFT and Trading Standards.
Local Trading Standards: Every local authority will have a Trading Standards office which has enforcement officers who inspect businesses to check for safety issues and fair trading (eg. misdescribed goods and services, counterfeit, rogue and doorstep traders). To report a business for any of these issues, you will need to contact your local trading standards office (contact details will be on your local authority's website or use the search on the Trading Standards Institute's website ). Your report may prompt a Trading Standards' investigation into the business concerned, but they won't necessarily look at your specific complaint. If you need individual advice, contact Consumer Direct (see below).
1B. UTILITIES
Ofcom: regulates the communications industry, which includes internet/broadband, mobile phone and landline providers. They do not cover premium rate phone services – see Phonepay Plus. Ofcom is one of the few regulators who encourage individual consumers to contact them with problems. They won't help to resolve the issue, but they will use it to inform their investigations, which may result in broader action against the company. The only area where Ofcom will advise on individual cases is if you think a company has given you an unfair contract. In this case, contact Ofcom's unfair contract specialist advisory team. Otherwise, contact Consumer Direct.
Phonepay Plus: Ofcom has overall responsibility for regulating premium rate services but Phonepay Plus carries it out day-to-day. Premium rate services are where you have paid for a service, such as customer/technical service, mobile ring-tones, directory enquiries, by paying on your phone bill via a premium rate telephone number or SMS text service. All companies providing these services have to register the number and service with Phonepay Plus and have to undertake to follow a code of practice - eg. transparent pricing. If providers break this code of practice, you can report them to Phonepay Plus Unlike other regulators, Phonepay Plus will investigate individual complaints and can order refunds. Phonepay Plus has a number checker service to use if a premium number appears on your bill and you are not sure what it was.
Ofgem: regulates gas and electricity markets to ensure investment in supply and fair treatment of consumers. Ofgem does not deal with directly with consumers and receives information on consumer issues via places like Consumer Direct.
Ofwat: does the same as Ofgem but for the water and sewerage industry.
Postcomm: is the regulator for postal services in the UK. It protects Royal Mail's universal service and looks after the opening up of the market. It licences postal operators, but like the others does not look at individual complaints. You should take issues to the company concerned (contact list) and if you cannot resolve it, to the Postal Services Redress Scheme (see below).
1C. FINANCE
Financial Services Authrity (FSA): regulates financial services in the UK. Any company providing financial services and operating in the UK should have an FSA authorisation. Search the FSA register to check that a company has an up-to-date authorisation. Anyone selling credit to consumers must also hold a Consumer Credit Licence from the Office of Fair Trading (see above). The FSA does not investigate individual problems, but does publish useful information for consumers on its MoneyMadeClear website .
The Pensions Regulator: regulates work-based pension schemes - i.e. all occupational schemes and any stakeholder and personal pension schemes where employees pay directly into them. It aims to ensure that pension schemes are properly run in the best interests of members. It will investigate tip-offs about pension schemes, but if you need help resolving a specific individual issue, you should contact the Pensions Advisory Service (see below).
1D. TRAVEL
Civil Aviation Authority (CAA): regulates aviation in the UK and runs the ATOL protection scheme (see below).
Office of Rail Regulation (ORR): regulates passenger rail in the UK and licences train operators.
1E. LAW
Solicitors Regulation Authority: regulates solicitors operating in the UK.
2. Associations/Ombudsmen/ADRs:
2A. GENERAL
British & Irish Ombudsman Association: is a trade association for ombudsmen and a useful place to check who covers what.
Trading Standards Institute: is a voluntary membership organisation which represents people who work in trading standards and promotes their work. If you need to find your local trading standards office, they have a search tool. They also host an information service on consumer rights in Europe: UK European Consumer Centre.
2B. UTILITIES
Office of the Telecommunications Ombudsman (Otelo)*: all communications providers have to be either members of Otelo or CISAS (below), who both run Alternative Dispute Resolution schemes. If you have formally complained to your communications provider and the issue is still unresolved after 12 weeks, they should be able help.
Communications & Internet Services Adjudication Scheme (CISAS)*: the alternative to Otelo (above).
Phonepay Plus*: See above - unlike other regulators, Phonepay Plus will investigate individual complaints and can order refunds.
Energy Ombudsman* : provides alternative dispute resolution for all energy providers. If you have formally complained to your energy provider and the issue is still unresolved after 8 weeks, contact the ombudsman.
Consumer Council for Water*: represents the interests of consumers with water companies. If you have been unable to resolve a complaint with your water provider, contact them for help.
Postal Services Redress Scheme (POSTRS)*: resolves disputes between postal operators and customers. If you have formally complained to a postal company and not managed to resolve the issue, take it to POSTRS.
2C. PROPERTY
National Association of Estate Agents (NAEA): is a professional association for estate agents. Membership is voluntary. If a member breaks their code of practice, then they can strike them out of the association. If you have a dispute with a NAEA member, dispute resolution for NAEA members is done by the Ombudsman for Estate Agents (see below).
Royal Institution of Chartered Surveyors (RICS): is an industry association for various property companies, including some estate agents. They offer some dispute resolution services (eg. for surveyors), but contract out dispute resolution with its estate agent members to the Ombudsman for Estate Agents (see below).
The Property Ombudsman: will help you to resolve a dispute with an estate or lettings agent who is a member of their scheme (membership list). You must have tried to resolve the problem with the estate agent first.
Association of Residential Lettings (Arla): is a trade association for residential letting agents. They will not help to resolve individual complaints, but have their own code of practice for members and can sanction them for not complying.
Federation of Master Builders: is a trade association for building contractors. Membership is voluntary but members have to meet certain standards. If things go wrong, the Federation offers a mediation service to try to resolve the complaint.
2D. FINANCE
Financial Ombudsman Service (FOS)*: helps to resolve complaints with most financial services providers, including credit providers. You can take your problem to them if you have formally complained to the company concerned and been unable to resolve the issue after 8 weeks.
Finance & Leasing Association Arbitration Scheme: is a complaint resolution scheme for finance companies who are members of the Finance & Leasing Association (FLA). Membership of the FLA is voluntary.
The Pensions Advisory Service (TPAS)*: is an independent organisation which provides information and advice on all pension matters (state, company, personal and stakeholder) and helps people who have complaints about their occupational or private pension arrangements.
The Pensions Ombudsman*: is the next stop on from the Pensions Advisory Service (above). If they haven't managed to help resolve a complaint, they may suggest you take it to the Pensions Ombudsman for investigation and resolution.
Association of Payment Clearing Systems (APACS): is a trade association for payment companies such as credit card providers. They represent and promote the industry and do not have a consumer-focused role.
Credit Services Association (CSA): is a trade association for debt collection agencies. They represent the industry and try to promote good practice. They have their own code of conduct. If you are having problems with a CSA member and you have tried and failed to resolve it with the company, you can ask the CSA to look into it.
2E. TRAVEL
Association of British Travel Agents (ABTA): represents UK travel agencies and tour operations. Membership is voluntary. If your travel agent of tour operator is an ABTA member, they must comply with ABTA's code of conduct. If you have a complaint about an ABTA member which you can't resolve, ABTA will investigate and arbitrate through their Independent Arbitration Scheme. The Federation of Tour Operators (FTO) amalgamated with ABTA in July 2008.
Association of Independent Tour Operators (AITO): works in a similar way to ABTA (above), but its members are independent tour operators.
British Air Transport Association (BATA): is the trade association for UK-registered airlines. It represents the industry and does not have a consumer-facing role.
Air Transport Users Council (AUC): represents the interest of air travellers in the UK. It can offer advice and information on your rights and how to complain to an airline. In certain circumstances, it can get involved to help you resolve your problem, although it cannot compel the airline to co-operate.
Association of Train Operating Companies (ATOC): represents the interests of train companies and does not have a consumer-facing role.
Passenger Focus: is an independent public body set up by the Government to protect the interests of Britain's rail passengers. It campaigns to get a better deal for train passengers, provides passenger advice and can help you if you have a complaint about a train operator which you haven't managed to resolve with the company.
London TravelWatch: is similar to Passenger Focus, but specifically supports users of London transport – the Underground, National Rail network, bus network, Docklands Light Railway, Croydon Tramlink, taxis and other transport companies operating on the Greater London Road Network.
2F. LAW
The Law Society: represents and promotes solicitors in England and Wales. It does not have a consumer-facing role. It has delegated arbitration on complaints about solicitors to the Legal Complaints Service (below).
Legal Complaints Service* : is part of the Law Society and will investigate and try to resolve complaints from clients about solicitors (if the client has already tried and failed to resolve the issue with the solicitor concerned). They can order a solicitor to reduce a bill and/or pay compensation.
3. Compensation Scheme/s:
3A. GENERAL
Small Claims Court*: if you are owed money by a company and you have tried to resolve it by formally complaining to the company and, if available, taking the issue to an arbitration scheme (above), then you may consider taking your claim to the Small Claims Court. This is a special procedure at a county court which handles smaller claims. It is designed to be simpler and cheaper than bringing a normal court case, but is still legal action and should be a last resort. There is information on how to make a claim in the Small Claims Court on the HM Court Service website
3B. UTILITIES
Electricity Standards of Performance Regulations*: This legally entitles consumers to compensation (usually £20 a go) if an electricity provider fails to meet certain standards – eg. not providing a substantive response to payment queries, not explaining causes of meter inaccuracy, not responding to reports of problems with prepayment meters, not keeping to appointment times and not appropriately informing customers of payment due. Your electricity provider should provide this compensation on demand. Northern Ireland operates a different scheme. For more information, click here to look at the BBC Watchdog's feature on this.
Gas Standards of Performance*: This legally entitles consumers to compensation (usually £20 a go) if a gas provider fails to meet certain standards – eg. Not adequately explaining meter inaccuracy, not responding to reports of problems with a prepayment meter, not keeping to appointments and not appropriately informing customers of payment due. Northern Ireland operates a different scheme. For more information, click here to look at the BBC Watchdog's feature on this.
Guaranteed Standards of Service for Gas Transportation*: This legally entitles consumers to compensation from the company who delivers gas (often different to your gas provider who bills you) if they fail to meet certain standards – eg. failure to resume supply within 24 hours after a fault, failure to resume to supply within 5 days of carrying out work, failure to provide alternative cooking facilities to vulnerable customers if supply is interrupted, failure to notify customers properly of an interruption to supply and failure to respond to complaints within 10 days. Click here for a link to a pdf with more information, including who your gas transporter is.
Guaranteed Service Scheme (water)*: This legally entitles consumers to compensation (usually £20 a go) if a water company fails to meet one of the scheme's standards – eg. not keeping to an appointment time, not replying to a formal complaint within 10 days and not correctly notifying of interruption to supply. The water company should make the GSS payment directly after the customer has made a complaint, but if there is a dispute over the payment then Ofwat will adjudicate. You must claim your GSS payment from your water company within 3 months of the incident. NB. Scotland and Northern Ireland operate similar but different schemes. Click here to see BBC Watchdog's feature on this for more information.
Postal Services Redress Scheme (POSTRS)* (see above): as well as helping to resolve complaints about postal services companies, if they agree with your complaint, POSTRS can order the company to pay compensation for loss and an amount for stress (not more than £50).
3C. FINANCE
Financial Services Compensation Scheme (FSCS)*: This scheme is designed to provide some financial recompense if a financial firm goes bust. They cover saver's deposits, life and general insurance, investments, home finance advice and arrangement and general insurance advice and arrangement up to certain limits (click here for more information). There are some complicating eligability factors – eg. the £50,000 savings limit currently applies to each Financial Services Authority licence, but under one licence there may be several banking brands – see 'Spreading the risk to your savings' for more information.
3D. TRAVEL
Association of British Travel Agents (ABTA) (see above): provides financial protection services to some of its travel agent and tour operator members. So, if you are travelling with an ABTA member who goes bust, provided they have taken out the protection, you may be able to claim refunds from ABTA.
Association of Independent Tour Operators (AITO) (see above): says that all its members have 100% financial protection. So, if you are travelling with an AITO member who goes bust, you should be able to claim a refund from either AITO's protection scheme or another scheme used by the tour operator.
Air Travel Organisers' Licensing (ATOL)*: is a financial protection scheme managed by the Civil Aviation Authority (see above). All holiday companies selling air holiday packages and flights in the UK are required by law to hold a licence called an Air Travel Organiser’s Licence (“ATOL”). Each ATOL holder has to contribute to a protection fund called the Air Travel Trust (ATT). If an ATOL holder's goes bust, then the scheme ensures that customers get a refund and are not stranded abroad.
EU regulation on cancelled and delayed flights and 'denied boarding'*: EU regulation means that there are certain circumstances where you are legally entitled to compensation from your airline. For more information, take a look at 'Know your rights when your flight is delayed or cancelled'. National Rail Conditions of Carriage*: legally entitles you to partial or full refunds in certain circumstances, particularly on season tickets. See 'How to complain about your train or station operator' for more information.
Train Operators' Passenger Charter: over and above what you are legally entitled to under the National Conditions of Carriage, your train operator might voluntarily refund you in certain circumstances. See 'How to complain about your train or station operator' for more information and links to operators' passenger charters.
3E. LAW
Legal Complaints Service* (see above): may be able to order a solictor to reduce a bill and/or pay compensation if they agree with your complaint.
4. Consumer Advice Services:
4A. GENERAL
Consumer Direct: is a government-funded consumer advice service which is run jointly by the Office of Fair Trading and Trading Standards. The services provides individual advice on most consumer issues and is free. They have information on various issues on their website and/or you can talk to an advisor about your specific problem.
Citizens Advice: is a charity which aims to help anyone with legal, money and other problems by providing free, independent and confidential advice, and by influencing policy-makers. There is lots of information on various legal and finanical issues on their website or you can speak to an advisor (for free) about an individual problem by contacting your local Citizens Advice Bureau. Search for your local office via the Citizens Advice website.
4B. UTILITIES:
Phonepay Plus (see above): offers individual advice on problems with premium phone services.
Consumer Council for Water (see above): gives advice to individual consumers on problems with water companies.
4C. FINANCE
The Pensions Advisory Service (TPAS)* (see above): gives advice to consumers on pension matters.
Debt Advice: If you are having problems with debt, click here for a list of government-recommended places to go for advice.
4D. TRAVEL
Air Transport Users Council (AUC) (see above): gives advice on air passenger rights and dealing with an airline.
Passenger Focus (see above): gives advice on dealing with issues with a train operator.
London TravelWatch (see above): gives advice on dealing with issues with a London transport operator.
5. Consumer Groups:
5A. GENERAL
Consumer Focus: researches and campaigns for consumer rights on a wide range of issues. Unlike most consumers groups, Consumer Focus has legislative powers which allow them to investigate consumer complaints if they are of wider interest and to demand information from energy and post providers. Consumer Focus formed in 2008 after a merger between Energywatch, Postwatch and the National Consumer Council.
Citizens Advice (see above): works to improve the situation for consumers (particularly in financial and legal areas) by influencing policy-makers.
5B. UTILITIES
Consumer Council for Water (see above): represents consumer interests in the water industry.
5C. TRAVEL
Air Transport Users Council (AUC) (see above): represents passenger interests in the air industry.
Passenger Focus (see above): represents passenger interests in the train industry.
London TravelWatch (see above): represents passenger interests who use London transport.
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Posted by Plebble Admin at 16:57 on 27-Apr-2009