tag:blogger.com,1999:blog-3993498847203183398.post5639048494053063076..comments2024-03-29T11:00:39.953+00:00Comments on RevK<sup>®</sup>'s ramblings: ADRRevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-3993498847203183398.post-90509251969754965102014-05-15T08:45:03.613+01:002014-05-15T08:45:03.613+01:00Your experience makes me think of KafkaYour experience makes me think of KafkaDuckbillhttps://www.blogger.com/profile/07997410192039319987noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-22171507057141069152014-04-02T08:27:12.540+01:002014-04-02T08:27:12.540+01:00I mean for customer service complaints.I mean for customer service complaints.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-68337352092513177652014-04-02T08:26:07.027+01:002014-04-02T08:26:07.027+01:00Well, not cases, thankfully.
One key point is tha...Well, not cases, thankfully.<br /><br />One key point is that they confirmed very clearly that if we have issued a county court claim against a non paying customer, then the customer cannot take that to ADR. That would have saved us in the last instance and means we have to issue claims in all cases of non payment to mitigate the risk of ADR (and this is meant to help consumers?).<br /><br />The other point is they stated that the "duty of care" for non "customer service" complaints comes from he sale of goods/services legislation default "reasonable skill and care" contract term, and that it is an OFCOM rule that it is the case. They then said that this applied before a sale was even made (wrong!) and that we could not remove that obligation (also wrong). We asked them to confirm that this did not apply before a sale being an implied *contract* term, and the did not reply. We pointed out the law allows us to remove that default as long as what we have is "fair" and so we could remove any obligation to provide any "Customer Service" from the contract, they also declined to comment. Now we know the OFCOM mandated reference we could easily have killed off the one claim we had.<br /><br />So improvements in understanding now.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-21861594302457369122014-04-02T08:12:59.450+01:002014-04-02T08:12:59.450+01:00How has the new ADR scheme worked out by the way, ...How has the new ADR scheme worked out by the way, is no news good news?Chad Hhttps://www.blogger.com/profile/06466797076721870606noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-4971939452981220252014-04-01T14:01:23.117+01:002014-04-01T14:01:23.117+01:00IIRC the only ADR schemes that are valid are Ofcom...IIRC the only ADR schemes that are valid are Ofcom approved, so setting up your own isn't likely to work.<br /><br />It does seem a license to print money though - you get to arbitrate (ie. send a few emails, taking a few months to do it) and you get a nice fee to do so, and your opinion is binding even if it doesn't make sense.Tony Hoylehttps://www.blogger.com/profile/06485210895681350152noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-44352430201893757212014-03-31T21:59:39.930+01:002014-03-31T21:59:39.930+01:00What are the barriers to entry on setting up an AD...What are the barriers to entry on setting up an ADR provider? Could you not set up your own and charge yourself nothing?rtho782https://www.blogger.com/profile/02052870855136709228noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-73002543085501879892014-03-31T20:55:48.678+01:002014-03-31T20:55:48.678+01:00I'd agree with 4,5,6,8 and 11 of those, certai...I'd agree with 4,5,6,8 and 11 of those, certainly. 1,2 and 7 suggest a better ADR provider is needed (as do 4 and 5 really, the ADR should have a free/trivial-cost "this claim is junk" route). Do the current ADR options suck because of the framework they work in, or just because nobody's offering a decent option yet?jas88https://www.blogger.com/profile/05563592458314214904noreply@blogger.com