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This stage is your opportunity to respond to the customer’s complaint and this could be in the form of an offer to settle.
Settlement
Full settlement
If you agree to give the customer all of the remedies they have asked for on their CISAS application form (i.e. a settlement in full), then you must notify CISAS on the case management system within the required timescale. When CISAS receives the notification from the company that a settlement in full has been reached, CISAS will then review the offer and, if deemed to be a full settlement, the case will close as fully settled.
The company must provide the customer with all of the remedies requested on the CISAS application form within 20 working days of CISAS agreeing the offer made was a settlement in full, unless an alternative timescale has been agreed between the parties.
Partial settlement
If you decide to reach any other resolution with the customer to settle their dispute (i.e. a negotiated/ partial settlement), then you must notify CISAS on the case management system within the required timescale. The customer is then able to accept or reject this partial settlement. If rejected, the case will proceed to adjudication. If accepted, the company must provide the customer with all of the remedies offered within 20 working days of CISAS being notified of the partial settlement, unless an alternative timescale has been agreed between the parties.
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What happens if the remedies aren't provided within the agreed timescale?
If the company has not provided the customer with all of the remedies under the settlement in full or negotiated settlement within the relevant timescale, the customer must advise CISAS within 20 working days of the expiry of the relevant timescale (or the case will remain closed).
At this time, the customer must advise CISAS which of the remedies have not been provided. Upon the customer advising CISAS that one or more remedies remain outstanding, CISAS will re-open the case and will give the company five working days to either provide a defence to the customer’s claim or to provide evidence showing that the remedies required under the settlement have been provided.
If the company provides evidence showing that the remedies required under the settlement were provided to the customer within the relevant timescale, the case will be closed again as settled. If the company does not provide evidence showing that the remedies required under the settlement were provided to the customer within the relevant timescale, or CISAS does not accept such evidence, the case will proceed to adjudication.