Complaints Resolution Procedure
Our formal complaints handling process in accordance with UK Consumer Rights Act 2015, Alternative Dispute Resolution for Consumer Disputes Regulations 2015, and Civil Procedure Rules Pre-Action Protocols.
Trading Name and Contact Details
Business Information
Trading Name: Wizz's Wraps
Registered Address:
Unit 1, Glendale Street
Stoke-on-Trent
ST6 2EN
United Kingdom
Complaints Contact
All complaints must be submitted in writing (email or letter) to ensure proper documentation and procedural compliance.
Important Legal Notice
This complaints procedure is designed to comply with UK Consumer Rights Act 2015, the Alternative Dispute Resolution for Consumer Disputes Regulations 2015, and the Civil Procedure Rules Pre-Action Conduct Protocol. Failure to follow this procedure in its entirety may result in a court declining to hear your case or awarding reduced damages even if your claim is ultimately successful. We strongly recommend reading this document thoroughly before proceeding.
Our Commitment to You
At Wizz's Wraps, we are committed to providing exceptional service to all our customers. However, we recognise that there may be occasions where you feel our service has not met your expectations. We take all complaints seriously and have established this formal complaints resolution procedure to ensure any concerns are investigated thoroughly and resolved fairly in accordance with UK law.
What Constitutes a Complaint
For the purposes of this procedure, a complaint is defined as:
"Any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of a complainant about the provision of, or failure to provide, a service by Wizz's Wraps."
This includes, but is not limited to, concerns about:
- Quality of workmanship or materials used
- Failure to complete work within agreed timescales
- Pricing discrepancies or billing errors
- Staff conduct or professionalism
- Failure to honour warranties or guarantees
- Breach of contract terms
- Health and safety concerns
Stage 1: Internal Resolution
Timeframe: Resolution within 5 business days of receipt
1.1 Initial Complaint Submission
All complaints must be submitted in writing to ensure proper documentation. You may submit your complaint via:
- Email: [email protected] (preferred method for fastest processing)
- Postal Mail: Unit 1, Glendale Street, Stoke-on-Trent, ST6 2EN, United Kingdom
Required Information
To ensure your complaint can be processed efficiently and in accordance with procedural requirements, please include:
- Your full name, address, and contact telephone number
- Your email address (for electronic correspondence)
- Invoice number, booking reference, or contract date (if applicable)
- Detailed description of the complaint, including dates, times, and relevant circumstances
- Names of any staff members involved (if known)
- Copies of any supporting documentation (receipts, photographs, correspondence, expert reports, etc.)
- Details of any previous communication regarding the issue
- Your desired resolution or remedy
1.2 Acknowledgement of Receipt
Upon receipt of your written complaint, we will:
- Send written acknowledgement within 5 business days
- Assign a unique complaint reference number
- Designate a complaint handler (who was not directly involved in the matter)
- Provide the name and contact details of the person handling your complaint
- Outline the expected timeframe for investigation and response
1.3 Investigation Process
Your complaint will be investigated by a competent person who was not directly involved in the matter. The investigation may include:
- Review of all documentation and evidence provided
- Interviews with relevant staff members
- Examination of work records, photographs, and materials used
- Inspection of the completed work (where applicable)
- Consultation with technical experts or suppliers (if necessary)
- Review of contract terms and warranty conditions
1.4 Initial Response
We aim to provide an initial response within 5 business days of receiving your complaint. This response may:
- Resolve your complaint immediately (if the matter is straightforward)
- Provide a partial resolution with a timeline for complete resolution
- Explain that further investigation is required and provide an updated timeframe
- Request additional information or documentation to proceed with the investigation
Stage 2: Formal Internal Review
Timeframe: Final response within 8 weeks of initial complaint
If your complaint cannot be resolved within 5 business days, or if you are dissatisfied with the initial response, your complaint will automatically proceed to a formal internal review.
2.1 Escalation Process
Your complaint will be escalated to senior management for a comprehensive review. This review will include:
- Complete re-examination of all evidence and documentation
- Review of the initial investigation and findings
- Consideration of all relevant Consumer Rights Act 2015 provisions
- Assessment of contract terms, warranties, and guarantees
- Evaluation of potential remedies available under UK consumer law
2.2 Final Response
Within 8 weeks of receiving your original complaint, we will provide a final written response that includes:
- Summary of the complaint and key issues raised
- Detailed findings from our investigation, including evidence considered
- Our decision, including legal basis and reasoning
- If the complaint is upheld: proposed remedy, compensation, or corrective action
- If the complaint is not upheld: clear explanation of the reasons
- Information about your right to pursue Alternative Dispute Resolution (see Stage 3)
- Signposting to relevant external bodies and ombudsman services
If We Cannot Respond Within 8 Weeks
In rare cases where complex investigation is required (such as technical expert reports, manufacturer consultation, or extensive evidence gathering), we will send you a written explanation before the 8-week deadline, detailing:
- Reasons for the delay
- Expected date for our final response
- Your right to proceed to Alternative Dispute Resolution without waiting
Stage 3: Alternative Dispute Resolution (ADR)
MANDATORY PRE-COURT REQUIREMENT
Under the Alternative Dispute Resolution for Consumer Disputes Regulations 2015 and Civil Procedure Rules, courts expect parties to have attempted Alternative Dispute Resolution before commencing legal proceedings. Failure to engage in ADR may result in cost sanctions or the court declining to hear your case, even if your claim has merit.
3.1 What is Alternative Dispute Resolution?
ADR is a process that allows disputes to be resolved without going to court. It is typically quicker, less expensive, and less confrontational than litigation. ADR methods include:
Mediation
An independent, impartial mediator helps both parties discuss the dispute and reach a mutually acceptable solution. The mediator does not make a decision but facilitates dialogue. Mediation is non-binding unless both parties agree to the proposed resolution.
Arbitration
An independent arbitrator or panel reviews evidence and arguments from both parties and makes a binding decision. Arbitration is more formal than mediation but less formal than court proceedings. The arbitrator's decision is usually final and enforceable.
Conciliation
Similar to mediation, a conciliator actively encourages both parties to reach a compromise. The conciliator may suggest solutions but cannot impose a decision.
Adjudication
An independent adjudicator reviews the facts and makes a decision between two competing claims. The decision may be binding or non-binding depending on the agreement.
3.2 Certified ADR Providers
If you are dissatisfied with our final response or we have not resolved your complaint within 8 weeks, you have the right to refer your complaint to a certified Alternative Dispute Resolution provider. We commit to participating in the following certified ADR schemes:
The Retail Ombudsman
The Retail Ombudsman provides free, independent dispute resolution for consumer disputes in the retail and service sectors.
- Website: www.theretailombudsman.org.uk
- Email: [email protected]
- Telephone: 0203 137 6296
- Address: 19 Eastbourne Terrace, London, W2 6LG
ProMediate
ProMediate is a certified ADR provider specialising in consumer disputes across multiple sectors.
- Website: www.promediate.co.uk
- Email: [email protected]
- Telephone: 0333 241 0465
- Address: ProMediate, Unit 2B, Innovation Centre, Heslington, York, YO10 5DG
Small Claims Mediation (HM Courts & Tribunals Service)
For claims up to £10,000, HM Courts & Tribunals Service offers a free small claims mediation service as an alternative to a court hearing.
- Website: www.gov.uk/make-court-claim-for-money/small-claims
- Telephone: 0300 123 7050
3.3 How to Initiate ADR
To initiate Alternative Dispute Resolution, you must:
- Have completed Stages 1 and 2 of our internal complaints procedure
- Wait for our final response or 8 weeks from submitting your complaint (whichever is earlier)
- Contact your chosen ADR provider directly using the details above
- Provide the ADR provider with:
- Copy of your original complaint to us
- Copy of our final response (if received)
- All supporting documentation and evidence
- Details of the resolution you are seeking
- Notify us in writing that you have initiated ADR proceedings
3.4 ADR Process and Timescales
Once ADR has been initiated:
- The ADR provider has 3 weeks to inform both parties whether they will accept the case
- If accepted, the dispute must be concluded within 90 days of the ADR provider receiving all documentation
- Extensions may be granted for complex cases requiring expert reports or technical assessments
- Both parties will be given the opportunity to present evidence and arguments
- The ADR outcome will be communicated in writing with full reasoning
3.5 Costs of ADR
ADR is typically free or available at a nominal cost to consumers. Most certified ADR providers charge no fees to consumers, with costs borne by businesses. Where fees apply, these will be clearly communicated before the process begins.
Benefits of ADR
- Faster resolution than court proceedings
- Little or no cost to consumers (compared to legal fees)
- Less formal and confrontational than court hearings
- Flexible solutions tailored to your specific situation
- Confidential process (not part of public record)
- Expert mediators/arbitrators with consumer law knowledge
- Does not prevent you from going to court if ADR is unsuccessful
Stage 4: Pre-Action Protocol (Required Before Court Proceedings)
CRITICAL LEGAL REQUIREMENT
Before you can commence legal proceedings in the County Court or Small Claims Court, you MUST comply with the Civil Procedure Rules Practice Direction on Pre-Action Conduct. Failure to follow this protocol may result in:
- The court declining to hear your case until you comply
- An order that you pay the defendant's legal costs, even if you win
- Reduction in damages awarded to you
- Adverse costs orders at the conclusion of the case
4.1 Letter Before Claim
If Alternative Dispute Resolution has been unsuccessful or you choose not to pursue ADR (though this is strongly discouraged by courts), you must send us a formal "Letter Before Claim" (also known as "Letter Before Action") before issuing court proceedings.
Required Contents of Letter Before Claim:
Your Letter Before Claim must include the following information to comply with Civil Procedure Rules:
- Your Full Details: Name, address, telephone number, and email address
- Clear Summary of Facts: Detailed chronological account of the dispute, including:
- Date of contract or service provision
- Nature of the service provided by Wizz's Wraps
- What went wrong and when you first became aware of it
- How the issue has affected you
- Details of any previous complaints made to us
- Legal Basis for Your Claim: Which of your consumer rights have been breached (e.g., Consumer Rights Act 2015 provisions regarding satisfactory quality, fitness for purpose, description)
- Financial Loss Calculation: Itemised breakdown of how you have calculated your claim, including:
- Original cost of service
- Cost of remedial work (with quotes or invoices)
- Consequential losses (e.g., car hire, loss of use)
- Any other financial losses incurred
- Desired Resolution: Specific remedy you are seeking (repair, replacement, refund, compensation amount)
- Supporting Documents: List and copies of all documents supporting your claim, including:
- Original contract or booking confirmation
- Invoice and proof of payment
- Photographs or video evidence of defects
- Expert reports or independent assessments
- Quotes for remedial work
- Previous correspondence with Wizz's Wraps
- Medical reports (if injury claim)
- Document Disclosure Request: List of any documents you require from us to support your claim
- Response Deadline: Reasonable deadline for our response, typically 14-28 calendar days (14 days minimum for straightforward claims, 28 days for complex matters)
- ADR Proposal: Statement confirming you have attempted or are willing to attempt Alternative Dispute Resolution
- Warning of Court Action: Clear statement that if a satisfactory response is not received, you intend to issue court proceedings without further notice
4.2 Our Response to Letter Before Claim
Upon receipt of a compliant Letter Before Claim, we will:
- Acknowledge receipt within 5 business days
- Provide a substantive response within the deadline you have specified (or request additional time if complex investigation required)
- Our response will include:
- Whether we accept or dispute your claim (with reasons)
- If disputed: detailed explanation of our position with supporting evidence
- If accepted: proposed settlement terms and payment schedule
- Any relevant documents from our records
- Our own expert evidence (if applicable)
- Counter-proposal for Alternative Dispute Resolution
4.3 Mandatory Settlement Negotiations
Following exchange of the Letter Before Claim and our response, both parties are required by the Civil Procedure Rules to engage in good faith negotiations to attempt settlement. This may involve:
- Exchange of further information or evidence
- Joint instruction of independent experts
- Settlement meetings or telephone conferences
- Negotiation of compromise settlement terms
- Consideration of part-payment or instalment arrangements
Courts expect this negotiation period to last a minimum of 14 days before proceedings are issued, longer for complex cases.
Stage 5: Court Proceedings (Last Resort Only)
IMPORTANT: Court Action Should Be Your Last Resort
Court proceedings should only be considered if:
- You have completed our internal complaints procedure (Stages 1 & 2)
- You have attempted Alternative Dispute Resolution or can demonstrate why ADR is unsuitable
- You have sent a compliant Letter Before Claim and allowed reasonable time for response
- Good faith settlement negotiations have been exhausted
- The claim is within the applicable limitation period (usually 6 years for breach of contract)
5.1 Small Claims Track (Claims up to £10,000)
For claims valued at £10,000 or less, your case will typically be allocated to the "small claims track" in the County Court. You should be aware:
- Court Fees: You must pay an issue fee to the court (£25-£455 depending on claim value), plus a hearing fee if the case proceeds to trial
- No Legal Costs Recovery: In small claims, you cannot usually recover your legal representation costs, even if you win. Each party bears their own costs.
- Time Investment: Court proceedings typically take 6-12 months from issue to final hearing
- Paperwork Requirements: You must complete detailed court forms, particulars of claim, and disclosure of documents
- Attendance at Hearing: You must attend the court hearing in person (or virtually) to present your case
- Burden of Proof: You must prove your case "on the balance of probabilities" with admissible evidence
5.2 Fast Track and Multi-Track (Claims over £10,000)
For claims exceeding £10,000, the case will be allocated to either the "fast track" (£10,000-£25,000) or "multi-track" (over £25,000). These routes involve:
- Significantly higher court fees
- Complex procedural requirements and strict court timetables
- Likely need for legal representation (solicitor/barrister)
- Risk of paying the other party's legal costs if you lose
- Potential for costs orders if you unreasonably rejected settlement offers
- Longer timeframes (often 12-24 months or more)
5.3 Limitation Periods
Under the Limitation Act 1980, you must issue court proceedings within specific time limits:
- Breach of Contract: 6 years from the date of breach
- Personal Injury: 3 years from the date of injury or knowledge of injury
- Product Liability: 3 years from injury or knowledge of defect
If you fail to issue proceedings within these time limits, your claim will be statute-barred and cannot proceed, regardless of merit.
5.4 Court's Powers Regarding Pre-Action Conduct
The court has significant powers to penalise parties who fail to comply with pre-action protocols, including:
- Staying (pausing) proceedings until pre-action steps are completed
- Ordering the non-compliant party to pay the other party's costs of the application
- Making adverse costs orders at the end of the trial
- Ordering payment of interest at a reduced rate or disallowing interest entirely
- Imposing other sanctions as the court deems appropriate
External Regulatory Bodies and Authorities
In addition to our internal complaints procedure, ADR, and court action, you may also wish to contact external regulatory bodies:
Citizens Advice Consumer Service
Provides free, confidential, and impartial advice on consumer rights. Can refer your complaint to Trading Standards if they identify potential breaches of consumer law.
- England/Wales Helpline: 0808 223 1133
- Scotland (Consumer Advice Scotland): 0808 164 6000
- Northern Ireland (Consumerline): 0300 123 6262
- Website: www.citizensadvice.org.uk/consumer
Trading Standards
Investigates businesses that breach consumer protection law. Note: Trading Standards cannot resolve individual disputes or obtain compensation for you, but they can investigate if there is evidence of widespread consumer harm or criminal conduct.
- Report via Citizens Advice: 0808 223 1133
- Website: www.tradingstandards.uk
Motor Ombudsman (for vehicle-related work)
If Wizz's Wraps is a member of an accredited trade association or code of practice scheme, you may be able to use their dedicated ombudsman service.
- Website: www.themotorombudsman.org
- Telephone: 0345 241 3008
Data Protection and Privacy
When you submit a complaint, we collect and process your personal data in accordance with UK GDPR and the Data Protection Act 2018.
- Legal Basis: Legitimate interests (to investigate and resolve complaints) and legal obligation (compliance with consumer protection regulations)
- Data Retention: Complaint records are retained for 6 years from the date of resolution (in line with limitation periods for legal claims)
- Your Rights: You have the right to access, rectify, restrict processing, and lodge a complaint with the Information Commissioner's Office (ICO)
- Sharing: Complaint data may be shared with ADR providers, legal advisors, insurers, and regulatory authorities where necessary
For full details of how we handle your data, please refer to our Privacy Policy.
Complaints Resolution Process - Summary Flowchart
Internal Resolution
Submit written complaint → Acknowledgement within 5 days → Initial response within 5 days
Formal Review
Senior management investigation → Final response with full findings and resolution
Alternative Dispute Resolution (ADR)
Contact certified ADR provider → Mediation/Arbitration → Binding or non-binding resolution
Pre-Action Protocol
Send Letter Before Claim → Allow 14-28 days for response → Good faith settlement negotiations
Court Proceedings (Last Resort)
Issue claim → Court allocation → Disclosure → Hearing → Judgment
Total Minimum Timeline Before Court: Approximately 4-6 months (if all stages pursued sequentially). Courts expect parties to have attempted resolution through Stages 1-4 before litigation.
Contact Us About a Complaint
We are committed to resolving your complaint fairly and efficiently. Our goal is always to find a mutually acceptable solution without the need for formal legal proceedings.