http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ocases/open_all/cw_9...

Second Ofcom own-initiative investigation against various Communications Providers about enforcement of the requirement to implement and comply with a Dispute Resolution Scheme

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Ofcom has opened an industry wide investigation into compliance with GC 14.7, which requires Communications Providers to implement and comply with an Ofcom approved independent Dispute Resolution Scheme for their domestic and small business customers, in relation to the provision of public electronic communications services.

Two such Dispute Resolution Schemes have been approved by Ofcom. They are the Office of Telecommunications Ombudsman (Otelo) ( http://www.otelo.org.uk) and the Communication and Internet Services Adjudication Scheme (CISAS) (http://www.cisas.org.uk/ ).

The investigation will monitor compliance with GC 14.7 across the industry and will target those Communications Providers who are not members of an Ofcom approved Scheme.

Remedial action could also follow any non-compliance with GC 14.7. Under section 94 of the Communications Act 2003 ("the Act"), Ofcom may issue a notification where it has reasonable grounds for believing there has been a contravention of a General Condition.

Further, under Section 96 of the Act, Ofcom may impose a penalty of up to 10 per cent of relevant turnover for failure to comply with such a notification within the time period specified.
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http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw...

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Ofcom has now completed its assessment of industry compliance with GC 14.7 which requires Communications Providers (‘CPs’) to implement and comply with an independent Dispute Resolution Scheme for their domestic and small business customers, in relation to the provision of public electronic communications services (‘ PECS ’).

The programme targeted CPs that had been identified as not being members of an approved scheme and who had complaints made against them to Ofcom in the six months before the programme was opened. Ofcom wrote to those CPs and as a result, we are satisfied that those who were confirmed as providing PECS , have now joined or are in the process of joining an approved Dispute Resolution Scheme.
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This suggests that those CPs who no one had complained about who aren't a member of a ADR service weren't targeted.

NGMsGhost wrote on Sep 19^th, 2008 at 1:06pm:

Ofcom and PhonePayPlus only act on complaints rather than being proactice. This is a fundamentally flawed culture which relies on consumers to complain in order to make things better.

This is nonsense! Imagine if you complained every time you experienced something which you considered wasn't right. The time you would spend would not be worth the benefit. The more events that cause you to complain actually have a reverse effect in that over time you are less likely to complain because doing so has no or little effect.

So the yardstick of whether something is acceptable or not [in this case whether all telcos should be members of ODR schemes] is taken by bodies like Ofcom as being the volume of complaints.

Dave wrote on Sep 19^th, 2008 at 1:30pm:
Not so sure 'act' can be used accurately here.  99.9% of the time Ofcom just direct you to ADR scheme or somewhere else even if you report that a OCP isnt complying with one of their own codes of practice, general condition, potentially unfair terms & conditions, etc.  I think basically anything they can do so as not to actually investigate it.

Simply writing to Ofcom doesn't necessary mean they log it as a complaint even if its obvious.  Looks like you have to spell it out to them by directly mentioning it.

Source: Ofcom

http://www.ofcom.org.uk/media/news/2009/05/nr_20090519

19|05|09
A swifter resolution to telecoms complaints

The time consumers will have to wait to seek an independent resolution of their disputes with communications providers will be reduced under new rules introduced by Ofcom.

Under the present system, consumers must allow twelve weeks for their communications provider to resolve their problem before taking their complaint to a dispute resolution service.

New rules, which come into force on 1 September 09, mean that consumers can use the dispute resolution service eight weeks after making an initial complaint to the communications provider.

Ofcom receives thousands of calls each week from consumers who are dissatisfied with their provider. A communications provider should be allowed a reasonable amount of time to resolve a consumer’s complaint but our research shows that complaints are almost as likely to remain unresolved at twelve weeks as they are at eight.

How to make a complaint

All communications providers must have and comply with an Ofcom-approved Code of Practice for complaints and be a member of an Alternative Dispute Resolution (ADR) scheme.

There are currently two Ofcom-approved schemes – CISAS and Otelo – which offer free dispute resolution services to consumers. Following an application by a consumer, the relevant scheme will examine the case. Any decision is binding and the communications provider could be required to take necessary action and may include financial compensation for the consumer.

If a communications provider does not comply with these regulations Ofcom is able to fine up to 10 per cent of its annual relevant turnover.

A guide for consumers on how to make a complaint about their communications provider can be found here: http://www.ofcom.org.uk/advice/guides/complain.pdf.

Review of ADR schemes

Ofcom has also set out the criteria we intend to use in our review of the approval of ADR schemes, scheduled for 2010. We will be making sure that the schemes are accessible, independent, fair, efficient, transparent, effective and accountable.

The full statement can be found here: http://www.ofcom.org.uk/consult/condocs/alt_dis_res/statement/.

Ofcom Chief Executive, Ed Richards, said: “The vast majority of consumers are happy with their telecoms services. For the minority who aren’t we want to ensure that customers get a fair and swift resolution to their disputes.”