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Why do I need to have a dispute resolution service at all?
What does the Ombudsman service provide?
What products and services does the Office of the Telecommunications Ombudsman Service Otelo cover?
Would we have to use you for dispute resolution for all of our products and services?
Didn't Oftel help to set you up, and doesn't that compromise your independence?
Have you been approved by Ofcom?
What information will you have to tell the regulator?
I already use an arbitration service: what's wrong with that?
How much will membership cost me?
With my current service I don't pay anything unless I use it. Will the Ombudsman service provide me with good value for money?
Do I get to see your decision before you make it?
Why is your decision binding on me but not my customer?
Do you publish your decisions?
What happens if a customer decides to take the case to you anyway: do I still have to pay Otelo's case fee?
Why should I send a case to you when I can settle it and save the case fee?
What if I get a number of almost identical complaints: are you going to charge me a case fee for every one?
Will Otelo be able to require me to make changes to my company's processes?
Do we need to tell our customers about you?
What do I need to do about my company's internal systems, such as a Code of Practice?
Do my staff get to talk to your staff about how to operate our customer service process?
Why do I need to have a dispute resolution service at all?
If you have domestic or small business customers, you will be required to do so by sections 52 and 53 of the Communications Act 2003. Oftel published its guidelines on Codes of Practice, covering dispute resolution services, on 15 August 2003.
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What does the Ombudsman service provide?
The Ombudsman will resolve complaints by customers, against member companies, which have not first been settled by agreement. The service is intended to give customers confidence in the industry, and credibility and support to the customer service arrangements of member companies. Where a complaint is found to be justified, compensation or other redress may be awarded. If it is not justified, the customer is given a clear and reasoned explanation why not.
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What products and services does the Office of the Telecommunications Ombudsman Service -Otelo cover?
Ombudsman Service's Terms of Reference cover all products and services which are subject to sections 52 to 55 of the Communications Act 2003, except content (although content delivery is included), which are sold by public communications providers to domestic and small business consumers.
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Would we have to use you for dispute resolution for all of our products and services?
You would not be obliged to bring under the umbrella of the Ombudsman all of your products and services that are within the scope of the Communications Act but we would hope that you would do so, as the use of more than one organisation may confuse your customers and lead to demarcation difficulties between dispute resolution service providers.
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Didn't Oftel help to set you up, and doesn't that compromise your independence?
Oftel encouraged and supported the set-up of the Ombudsman Service but we are completely independent of the current regulator Ofcom. Indeed, the criteria for approval of Alternative Dispute Resolution (ADR) service suppliers include the requirement for independence from the regulator. At the same time, the independence of the Ombudsman from the industry is secured by a Council consisting predominantly of independent members, which will manage the Service itself and act as the board of directors of the company.
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Have you been approved by Ofcom?
The Ombudsman Service was approved by Oftel on 29 September 2003, in accordance with the dispute procedure scheme guidelines published by Oftel on 4 August 2003.
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What information will you have to tell the regulator?
We will be required to provide certain information to the regulator in connection with the approval process. We shall aim to make sure you are aware of what we are required to provide.
Otelo is approved by Ofcom.
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I already use an arbitration service: what's wrong with that?
That's fine, as long as your arbitration service can satisfy Ofcom's approval criteria which, among other things, require that an ADR service is free of charge and easy for consumers to use. Research by consumer bodies indicates that arbitration services are often perceived by the general public as rather formal and difficult to use.
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How much will membership cost me?
Please see the Schedule of Charges in the Membership section of our website.
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With my current service I don't pay anything unless I use it. Will the Ombudsman service provide me with good value for money?
It is for you to get the best deal from those organisations that become approved. Our fee structure is set by the Member Board, which represents the interests of the member companies through elected representatives; you might like to talk to one of them.
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Do I get to see your decision before you make it?
Both parties are able to submit their evidence and other supporting arguments to the Ombudsman. A Provisional Conclusion is sent to both the complainant and the communications company, so that either or both can make further representations if they wish. Once the representations are reviewed, the Ombudsman makes the Final Decision which, if accepted by the complainant, becomes binding on the company.
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Why is your decision binding on me but not my customer?
Primarily this is because of consumer protection legislation. Ultimately, your company could afford to pursue a customer to and through the courts even though you might be in the wrong, whereas the customer, having (generally) limited, resources could not afford to do so. The experience of Ombudsman schemes in other sectors is that the courts take into account the Ombudsman's decision if the complaint is later taken to court by the consumer, and are extremely reluctant to vary it.
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Do you publish your decisions?
We publish anonymised decisions (ie without identifying either party) and also the accumulated statistics, as a service to both Members and their customers. It is also possible that Oftel/Ofcom may require publication of certain items of information but whatever they require will apply equally to every approved ADR scheme.
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What happens if a customer decides to take the case to you anyway: do I still have to pay Otelo's case fee?
You have the fundamental right to try to resolve the customer's complaint for up to two months (eight weeks), before the Ombudsman can become involved. If agreement is not reached by the time your company decides that 'deadlock' has been reached, or after three months, then your customer has the opportunity to come to the Ombudsman. If the Ombudsman accepts the case as a complaint, then, yes, you will be charged for Otelo's investigation of the case.
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Why should I send a case to you when I can settle it and save the case fee?
It is always open to your company to settle the dispute with your customer within the three month period. It is only when the dispute cannot be resolved that the Ombudsman becomes involved. Sometimes a complaint may not be resolved because the complainant insists on having an objective view from outside your organisation. In such cases it may be of mutual interest to refer the case to the Ombudsman for an independent decision.
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What if I get a number of almost identical complaints: are you going to charge me a case fee for every one?
Yes. However, you will still have the opportunity to resolve the dispute before it reaches the Ombudsman.
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Will Otelo be able to require me to make changes to my company's processes?
No. Otelo's role is not to tell you what to do. However, the Ombudsman does have a duty take a broad view and she may make recommendations if she feels that areas of possible improvement have been identified during her investigation of a complaint.
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Do we need to tell our customers about you?
Yes, for three principal reasons: - you are obliged to do so by the Communications Act; - it will give your customers confidence that you will treat them fairly if you have the Ombudsman as a 'safety net' for them in case there is no resolution of their complaint; - in the event that a complaint gets 'lost' for an extended period, customers need to know that they can go to the Ombudsman. You would be expected to refer to the Ombudsman in your customer literature and to draw attention to a customer's right to take a complaint to the Ombudsman if you are unable to resolve the complaint. The Ombudsman will always encourage complainants to first use the company's internal complaints procedure, and will refer back to the company so-called premature complaints. You can use your company's membership of Otelo as a marketing and customer-retention tool, to demonstrate your commitment to customer satisfaction.
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What do I need to do about my company's internal systems, such as a Code of Practice?
The Communications Act requires every company that is a public communications provider to have an approved Code of Practice. In order to comply with the requirements, your company must have an internal complaints-handling and resolution system and be a member of an independent ADR service. Oftel's recent statement on dispute procedure guidelines explains the timetable for the approval process.
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Do my staff get to talk to your staff about how to operate our customer service process?
Yes, we will be as helpful as we can. We recognise that many companies have little or no experience of customer service procedures, and that even large companies can often benefit from our experience and that of others. We are producing an induction pack for all new members which will take them through the steps of developing a customer service facility. It should be noted that a principal objective of the Ombudsman and the Service is to assist Members in improving their handling and resolution of customer complaints.
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