What is ADR?
Alternative Dispute Resolution (ADR) is a means of settling disputes without resorting to the courts.
Settlement of disputes is typically faster and cheaper for both the consumer and trader when using ADR.
There are different levels of ADR available through the NCS, these include:
Mediation/Conciliation: where an independent third party helps the disputing parties to come to a mutually acceptable outcome.
Arbitration: Where an independent third party considers the facts and takes a decision that is often agreed to be binding on one or both parties.
Legal Representation: Neither party in the dispute is required to seek legal advice or representation, for example; appoint a lawyer or legal advisor. However, both parties have the right to seek legal or independent advice or to be represented or assisted, by for example; a friend, a family member or a legal representative at any stage of the process
Who can bring a case to the NCS?
Initial complaint enquiries can only be made by consumers not by traders.
Does the NCS have to accept all automotive retail cases?
The NCS accepts automotive retail complaints between EU residents and NCS subscribers.
However, there are certain restrictions on the types of cases that we can accept.
Common reasons for the NCS to not accept complaints are:
If the NCS cannot accept your case, we will inform you of this within 5 working days of receipt of your complaint and provide you with detailed reasons for not being able to accept your complaint. Where possible, we will advise you of the steps that you can take to resolve your complaint.
How quickly will my dispute be settled?
As the NCS is a certified ADR provider, an outcome to your dispute will be provided within 90 days of a case handler receiving a complete complaint file.
A complaint file is required by a case handler to resolve a dispute and includes relevant information detailing the dispute from both parties.
We aim to provide a resolution much sooner than this.
My complaint is related to a vehicle loan or insurance. Can I still use the NCS?
No, disputes relating to financial services must be handled by the Financial Ombudsman Service (FOS).
However, disputes regarding vehicle warranties or guarantees are not regulated by the FCA and the NCS will consider these cases providing they are not part of a statutorily regulated financial agreement and therefore under the scope of the FOS.
Who are the subscribers to the NCS?
Conciliation and arbitration
Conciliation and adjudication