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Consumer Guidance

Consumer Complaints Guidance: What to Do After the Trader's Final Response

A step-by-step guide for consumers on what to do when a trader's complaint process has concluded — how to prepare for ADR, when to involve Trading Standards, and how to draft an ADR request.

5 September 2016 6 min read Consumer Guidance
A customer service adviser talking with a customer at a reception desk

When can you use Consumer ADR?

Consumer ADR is designed to be used after you have tried to resolve your complaint directly with the trader. In practice, a case will normally be accepted by an accredited provider such as ProMediate only if you have:

  • Complained directly to the business first and given them a fair opportunity to investigate;
  • Kept a record of your discussions, emails and letters;
  • Exhausted the trader's internal complaints process; and
  • Received a final response (sometimes called a "deadlock" letter) confirming that the trader either rejects your complaint or cannot resolve it, and — where relevant — signposting you to an accredited ADR provider.

If you meet these conditions and the trader has agreed to participate in ADR, you can refer your complaint to ProMediate.

The reality is that many complaints do not yet meet these conditions when they first come to us. If yours does not, there is still plenty you can do.

If you have not yet received a final response

  1. Complain in writing. Set out clearly what happened, what you want the trader to do, and by when.
  2. Ask for their complaints procedure. Under the DMCC Act, traders are expected to make information about their complaints process — and their ADR provider — accessible.
  3. Give them a reasonable opportunity (often up to 8 weeks in regulated sectors) to investigate and respond.
  4. Escalate internally if their first reply does not resolve matters.
  5. Ask for a final response if the process has run its course without resolution.

If the trader will not engage

ADR is voluntary in most consumer sectors — we cannot force a trader to participate. If they refuse:

  • Ask them in writing to refer the matter to their accredited ADR provider. Failure to signpost may be a breach of their duties under the DMCC Act 2024.
  • Consider raising the issue with Trading Standards via Citizens Advice (0808 223 1133) if the trader is failing to comply with their consumer law obligations.
  • For online cross-border purchases, the EU's Online Dispute Resolution platform may still assist in some cases.

When to contact Trading Standards or Citizens Advice

Report the matter to Citizens Advice / Trading Standards where the trader's conduct raises wider concerns, such as:

  • Counterfeit goods;
  • Doorstep crime;
  • Misleading pricing;
  • Product safety issues;
  • Unfair trading practices;
  • Weights and measures problems.

You can contact the Citizens Advice consumer service on 0808 223 1133 or via citizensadvice.org.uk. They can advise on your consumer rights and refer matters to Trading Standards where enforcement action may be needed.

How to prepare your evidence

Before referring a case to ADR, gather:

  • The contract, order confirmation or terms and conditions;
  • Invoices, receipts and proof of payment;
  • Correspondence with the trader (letters, emails, chat transcripts);
  • Photographs or videos of the goods or service problem;
  • Independent reports (for example, engineer's reports or expert opinions), if you have them;
  • The trader's final response letter or email;
  • A short timeline of key events.

Well-organised evidence helps the ADR official assess the case efficiently and improves the chance of a fair outcome.

Sample letter offering ADR to a trader

If a trader has not yet signposted you to an ADR provider, you can offer ADR in writing. A short template is set out below.

Re: [order / reference number]

Further to our correspondence, I wish to formally offer Alternative Dispute Resolution (ADR) to resolve the dispute between us.

The courts encourage parties to attempt ADR, and under the Digital Markets, Competition and Consumers Act 2024 traders are expected to signpost consumers to an accredited ADR provider where a complaint cannot be resolved internally.

I would like to refer this dispute to ProMediate (UK) Limited, an accredited Consumer ADR provider.

Mediation is confidential, considerably less expensive than court proceedings and gives us both a genuine opportunity to reach a fair resolution. If you decline this offer, I reserve the right to bring your refusal to the attention of the court on the question of costs, should proceedings become necessary.

Please confirm within 14 days whether you agree to refer the matter to ADR.

Yours faithfully, [Your name]

Ready to make a complaint?

If you meet the eligibility criteria above and the trader has agreed to participate:

This article has been rewritten and updated for the ProMediate Consumer ADR Knowledge Centre. Adapted from the original at promediate.co.uk. Legal accuracy has been reviewed as at 5 September 2016. Nothing in this article constitutes legal advice.