The ACEA Complaints Procedure

Part 1 - Action by the member

1.  Each complaint will be acknowledged within 10 working days of its receipt.

2. The member's response will be sent within 28 days of its original receipt.

Part 2 - Action by the Association

3. The Director General will acknowledge any complaint within 10 days of its receipt. Those complaints which have not previously been referred to the member concerned will be so referred and the complainant informed accordingly. (Procedure reverts to Part 1 above).

4. Where a complaint has previously been sent, in writing, to the member company by the complainant (see Part 1 above) but the complainant is dissatisfied with their written response the complaint will be investigated by the association. A detailed response will be sent to the complainant within 14 days of receipt, by the Director General, of a report from the member company.

5. Where the Director General identifies that there may be potential for speedy resolution of the complaint this will be explored before proceeding to the next stage.

6. The Director General will copy the complaint to the Directors of the ACEA for their consideration who will reply to the Director General within 28 days. In the event of the complaint being against a member company of one of the Directors of ACEA that member company will not be involved in the decision making process. The Director General will act on the complaint when he has at least three responses from the Directors.

7. If the Directors uphold the complaint, the Director General will invite the member to reconsider their earlier reply and to write to the complainant directly. If the complaint is not upheld, the Directors will decide whether the matter can be referred to an independent panel, if the complainant wishes it to be so referred. The Director General will notify the complainant accordingly.

Part 3 - Action by the Independent Panel

8. If the complainant is still not satisfied he/she may ask the Director General for the complaint to be referred to the independent panel mentioned in the leaflet. The Director General will arrange this, if previously agreed by the Directors (see 7 above).

9. The Panel will consider the complaint on the basis of the written evidence before them and also consider hearing a complainant in person if so requested. If in person, the Panel may also accept any legal or other representation as it pleases. The date and time of this Panel hearing is at the discretion of the association.

10. The Panel will have the power to recommend, if they feel that it is justified, that the company:

• remits, refunds or reduces any fees paid; or
• pays compensation based strictly on an assessment of the actual loss incurred;
• or both; and/or

it may make any other recommendation that it feels appropriate.

11. The Panel's decision is final.

12. The complainant will be notified of the Panel's findings by the Director General who will first ask if the complainant is prepared to accept them in full and final settlement of his/her claim.

13. It will be for the company concerned to take any action recommended by the Panel. If the complainant does not accept the findings, then no payment will be made and no further action will be taken.

Notes

How to make a complaint (Click to view)

The time periods specified are voluntary targets that the association and its members have agreed to try to meet in all cases. However, there may be circumstances that prevent the attainment of these targets in individual cases. Such instances will not be grounds for claims against the association or its members.

The ACEA complaints procedure is based upon the examination of documents provided to the association by the complainant and the relevant member. ACEA can neither discuss complaints over the telephone nor give advice about the validity of a complaint or the actions of a bailiff or a member company.

The instigation of the ACEA complaints procedure does not suspend further action by the member company. The association has no authority to suspend or prevent action taken in pursuance of a court order.

Any documentation supplied to the association in support of a complaint should be photocopies rather than original documents, unless the particular circumstances of the complaint require original documentation, in which case this will be specifically requested by the Director General. In order to comply with Data Protection legislation all documentation relating to complaints will be destroyed six months after initial receipt by the association, unless the complaint remains active at that time.