No, you must give the company the opportunity to address your concerns first. In many cases they will be able to resolve your complaint in the first instance.
No, the scheme is free of charge for customers. However, any money you spend in putting together your claim you cannot recover through the scheme.
Generally a qualified surveyor or legally qualified adjudicator appointed by CEDR will decide each dispute by reference to the documentary evidence supplied by the parties, the scheme rules and the relevant law. The adjudicators are experienced in dealing with these types of disputes.
The adjudicator will produce a written decision, which will be sent to you and the RICS firm member. The adjudicator’s decision is confidential, and the RICS firm member must follow it if you choose to accept it. If you decide that you do not agree with the adjudicator’s decision, you are free to reject it and pursue your claim elsewhere if you wish. In this case, the adjudicator’s decision will not be binding on the RICS firm member.
The maximum sum which an adjudicator may award you is £25,000.00.
Cases must be completed within 90 days of the application being accepted as required by UK legislation. However, the average time taken to complete the process is generally considerably quicker.
No, you are not able to accept the outcome but dispute the amount awarded under any circumstances. You can of course reject the Final Decision and take the matter to another forum.
Decisions issued under this scheme are final and not subject to any appeal or review. Customers who accept the Final Decision, agree to the outcome and monetary amount awarded. Once you accept the Final Decision, the company has 20 working days to provide you with the remedy or remedies outlined in the decision.
Before you submit an application for CEDR adjudication you should check if your claim is eligible for review.
You must ensure the following conditions are met:
- That you are an individual or a small business or organisation (with 10 or fewer full time employees).
- That you have given the RICS firm member a reasonable chance to settle your complaint.
- That if you are seeking financial compensation, the total amount of your claim does not exceed £25,000.
- That the RICS firm member has CEDR referenced in their Complaints Handling Procedure.
- That you have been signposted specifically to CEDR for independent adjudication.
Please see the Scheme Rules for further information and note that a company may be signed up to The Property Ombudsman or Property Redress Scheme instead of CEDR.
A Preliminary Decision is a way of giving both parties – the customer and the company - a chance to look at and comment on the adjudicator’s decision before it becomes final. You might not agree with the Preliminary Decision and if that is the case, you do not have to accept the Final Decision. If you think that the adjudicator has misunderstood the facts, has not taken into account a particular piece of evidence, or if you have more information or evidence that might make a difference then you have 10 working days to make comments.
In your comments, you can tell the adjudicator if you think:
- The adjudicator has misunderstood the facts. You can make comments to highlight where the adjudicator may have got something wrong. For example, you can comment to correct any dates or figures that are incorrect, or to explain where a particular point you made has been misunderstood.
- The adjudicator has not taken into account a particular piece of evidence. Even if the adjudicator does not list everything they have seen, they will have read all of the documents provided by you and the RICS company.
- They need additional information or evidence that relates to the claim that they have not had the opportunity to see. You can put forward more evidence on points you have already raised in your case. For example, if the adjudicator says that there is insufficient evidence to support a particular financial loss, you can supply receipts or invoices which prove that this loss was incurred.
The comments on the Preliminary Decision will be sent to the adjudicator, who will have 5 working days to make any changes they see fit. The adjudicator will then complete their Final Decision, which will be sent to both parties. If no comments on the Preliminary Decision are made, the adjudicator will re-issue the Preliminary Decision as the Final Decision. Once the Final Decision is issued, that finalises the matter and the decision cannot be appealed or reviewed.
If you want to complain about CEDR please read our Complaints Procedure. Once you have read the Complaints Procedure and you want to submit your complaint, please use either this link or our Complaints Form, which you can download below. Please note that adjudicator decisions are out of scope and are unable to reviewed or appealed. Also, if a customer or subscribing company wish to bring a complaint about CEDR, they must pay their own costs of preparing the complaint.
Please note that if you require a reasonable adjustment, a member of the team can take your complaint over the phone. If you are unable to access the PDF or web form, please contact the team and request that the Complaints Form be sent in another format.