Some questions and answers

If you have not done so already, tell the company that you have a problem and that you would like them to investigate it. Please contact us if you have not been able to settle a complaint with the company within three months of putting it through their own complaints procedure or if the company has accepted, in writing, that the dispute should be settled under IPCAS.

No, IPCAS is only available for customer redress. If you have a business dispute you can contact us for further options.

If the adjudicator agrees with your complaint, he or she can tell the company to do any or all of the following.

• Give you an apology or explanation.
• Give you a product or service, or take some practical action that will be to your benefit.
• Pay you compensation of up to £5,000 including VAT. (The adjudicator can only do this if you ask for compensation on your application.)

The adjudicator may also recommend that the company changes its policies or procedures as a result of your dispute with them.

We will keep a record of all disputes referred to IPCAS (without recording the names of those complaining). This record will help companies to improve their services to you and other customers.

When the company became a member of IPCAS, they agreed to follow the same guidelines and rules as you. They also agreed to accept and keep to the adjudicator’s decision.

If you would like to see a copy of the IPCAS rules, you can get a copy from the company or from our website at www.idrs.ltd.uk/ipcas. However, everything contained in the rules is explained in these notes.

IPCAS can be used only if you have gone through the company’s own complaints procedure, and only then if the dispute arises from searches undertaken or HIPs provided as part of the property purchasing process. If you are not sure whether your complaint relates to a search or a HIP, contact us or the company involved.

The scheme cannot deal with any of the following.

• Claims for compensation for more than £5,000 inclusive of VAT.
• Claims other than from individual consumers.
• Problems that would be better dealt with by the courts, arbitration services or any other complaints procedures or which have already been dealt with via the courts.
• Problems that are already being dealt with by the courts or any other complaints procedures.
• Employment and staff issues in companies that are members of the scheme.
• ‘Frivolous’ or ‘vexatious’ claims (that is, claims with no real substance or that are made only to create trouble for a company).
• Business decisions a company has made on whether or not to provide a product or service, and the terms under which they will provide it.
• Disputes between search firms or HIP providers.

If your dispute cannot be settled by IPCAS, contact us for advice on what to do next.

We are well known for providing fair and independent services to members of the public who have disputes with a wide range of companies from many types of industry throughout the United Kingdom. We are a wholly owned subsidiary of the Chartered Institute of Arbitrators, a charity registered in England & Wales.

Detailed information on each adjudicator can be found at www.idrs.ltd.uk/ipcas.

Each adjudicator has received training in dealing with the types of disputes IPCAS covers, as well as training in the law (particularly the law relating to consumer contracts). Each adjudicator is a member of our parent organisation, the Chartered Institute of Arbitrators, and is subject to its strict ‘code of ethics’ and disciplinary procedure. You can ask us for a copy of the code of ethics.

The adjudicator will decide on your dispute based on the evidence you and the company give them. Adjudicators can ask you for more information that will help them to make the correct decision.

The adjudicator will always consider your arguments and evidence (as well as those of the company), and act without bias and in line with relevant laws.

IPCAS is free to you. The only costs you might have to pay are photocopying or postage costs associated with filling in the forms and providing documents. You are not responsible for any of the company’s costs.

You do not need a solicitor but you can have one if you want. However, you cannot claim any expenses for a solicitor’s services.

The procedure is explained fully on the procedure page. The matter should take no more than six weeks from the date we receive your application to use IPCAS to the date the adjudicator sends you a decision, unless your case is particularly complex. In this case you will be kept up to date on the adjudicator’s progress.

You can claim up to £5,000 (including VAT if appropriate) for any loss you can prove you have suffered. Any claim for inconvenience suffered will be limited to £250 per claim, within the overall sum. However, if you do not claim any compensation on your application form, no compensation can be paid.

Once you have received the decision, you will have six weeks to let us know whether or not you accept it. If you do not tell us within six weeks, the decision will not automatically be binding on the company but you can still take the matter to court.

The company must pay you any compensation awarded by the adjudicator within 21 days of the date you accepted the decision. If the company does not pay you within this time, contact us and we will investigate the delay for you.

If you want to make a complaint about IPCAS, the adjudicator or our staff, send it to us at:

IDRS Ltd
24 Angel Gate
City Road
London EC1V 2PT

That complaint will be dealt with under guidelines published by our complaints procedure. We will send you a copy of the procedure when we receive your complaint.