Don’t forget obligatory dispute
resolution - FENSA
8th March 2016
FENSA is reminding the glazing trade that providing Alternative Dispute Resolution (ADR) or arbitration became obligatory last year for all businesses that sell to consumers and that its own associate The Glazing Arbitration Scheme (TGAS) is now free to register for any FENSA certified installers as part of its package.
TGAS charges consumers £100 to take a complaint to arbitration. FENSA says this is to encourage only justified complaints and avoid any frivolous or vexatious complaints and protect installers from unjustified costs and administration time. The costs for an installer to go through the arbitration process starts at £395 (ex VAT) per complaint. Where an installation company has opted in to be a member of TGAS, then they are to proceed to arbitration when a consumer takes their complaint to TGAS after at least 56 days have elapsed since the complaint was raised with FENSA and there is still an unresolved dispute. As part of the rules of TGAS arbitration the company and the consumer will be bound by the arbitration decision.
The use of ADR arbitration services costs far less and takes less time to resolve than going through the Courts, says the organisation.
FENSA managing director Chris Mayne said: “Free registration with TGAS provides FENSA installers with the fastest way to comply with these new consumer laws. Though we do not predict that our installers will have to make heavy use of this service, the new law does state that these arrangements have to be in place.”
TGAS is operated independently by a Trading Standards Institute Certified ADR body, the Centre for Effective Dispute Resolution (CEDR), that has worked with the Glass & Glazing Federation for several years on the well-established GGF Arbitration Scheme. A website that will provide clear information for both consumers and installers, www.tgas.org.uk, is currently under construction.
FENSA installers can email tgas@fensa.org.uk for further information or to sign up.
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