Annex 7 – BHTA Complaints Procedure

Last Updated on 20/06/2024 by Samantha Lewis

There is no charge to the complainant at any stage in the BHTA complaints procedure or the arbitration process described below.  The combined process should normally be concluded within 90 days of BHTA being satisfied it has all the information it needs to address the matter.

When BHTA receives notification in writing of a complaint against a Code member, it will consider whether the company:

• has infringed on the complainant’s legal rights
• has been inefficient or caused undue delay in a way that has resulted in the complainant losing money or suffering inconvenience
• has not complied with this Code of Practice

BHTA cannot deal with a complaint if:

• the complaint is against a company that is not a Code member or the complaint relates to a point in time prior to the company becoming a Code member
• until the complainant has gone through the company’s complaints process
• the complaint is being or has been dealt with by a court, an alternative dispute resolution provider, or similar body
• the purchase was more than six years ago
• the complaint is deemed vexatious

BHTA will:

• need to see all the complainant’s documentation
• ask the member to provide a full report within 7 working days
• look for evidence of any breaches of this Code
• attempt to settle the dispute by agreement between the two parties

If agreement between the member and their customer cannot be reached, the complainant

has two options:

• to take up their own independent court action
• referral by BHTA to the Independent Arbitrator

Where referral to the Independent Arbitrator is chosen, BHTA will pass all the evidence gathered, including copies of all correspondence to the Independent Arbitrator within five working days.  Either party may make a direct representation of further evidence to the Arbitrator. The Arbitrator’s decision is binding.

Independent Arbitrator

The objective of the Arbitrator is to arrive at a conclusion that is fair and reasonable in the circumstances, looking at all the evidence presented by both parties.  The Arbitrator is an individual who is independent from BHTA and from the industry.  Technical expertise will be called upon for input should this prove necessary.  The Arbitrator’s initial reaction will be notified to the parties concerned within seven working days and normally, a conclusion should be reached within fifteen working days.  If further evidence is presented by either party, this may prolong proceedings.

The Arbitrator’s findings will be issued in writing and will give a summary of the facts, the conclusions and reasons for reaching them.  The Arbitrator’s decision is binding on both parties. 

If the conclusion is that the Code member is at fault, the Arbitrator may for example give direction that they must:

• repay all money paid by the complainant
• replace or repair the product without charge
• take all reasonable steps, including any specified actions, to prevent a recurrence of any breach of this Code of Practice
• pay compensation to the complainant, the amount to be decided by the Arbitrator based on the evidence and circumstances
• pay any costs incurred by BHTA and/or the Independent Arbitrator