Own-initiative investigation into Reseller UK Ltd (trading under names including Atlas Business Services and Together Telecom) concerning compliance with General Condition 14.5 – Dispute Resolution Schemes

30 November 2016

Complainant: Ofcom own-initiative investigation following assessment of evidence regarding Reseller UK Ltd’s (i) membership of an approved Dispute Resolution Scheme; and (ii) implementation of final decisions reached by approved Dispute Resolution Schemes.
Investigation against: Reseller UK Ltd
Case opened: 13 November 2015
Case closed: 30 November 2016
Issue: Whether Reseller UK Ltd complied with its obligations under General Condition 14.5 (“GC14.5”) of the General Conditions of Entitlement to implement and comply with a Dispute Resolution Scheme, including any final decision of the Dispute Resolution Body made in accordance with such a scheme.
Relevant instrument: GC14.5 concerning implementation and compliance with a Dispute Resolution Scheme.

On 14 October 2016, a Resolution for voluntary winding-up was made in relation to Reseller UK Ltd (formerly trading under names including Atlas Business Services and Together Telecom). Consequently, Ofcom has today closed its investigation into the company. Further details of the order can be found on the Gazette’s website: https://www.thegazette.co.uk/notice/2635335.

Update note: 5 August 2016

Following an investigation, Ofcom has determined that there are reasonable grounds for believing that, at times between 1 January 2014 and 4 August 2016, Reseller contravened, and in some respects is continuing to contravene, GC14.5 of the General Conditions. Ofcom has therefore issued a Notification to Reseller under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds to believe that: (i) Reseller was not a member of a Dispute Resolution Scheme between 5 June 2015 and 2 November 2015 (inclusive); (ii) Reseller failed to comply with a number of adjudications made by a Dispute Resolution Body; and (iii) its failure to comply with a number of these adjudications is on-going.

Reseller now has an opportunity to make representations to Ofcom on the matters contained in the Notification before Ofcom makes a final decision in accordance with section 96C of the Act.

End of update note.

Ofcom has opened this investigation following assessment of evidence regarding Reseller UK Ltd’s membership of an approved Dispute Resolution Scheme, and its implementation of final decisions reached by such schemes whilst it was a member.

Under GC14.5 Communications Providers must implement, and comply, with an Ofcom approved independent Dispute Resolution Scheme for their domestic and small business customers, in relation to the provision of public electronic communications services.

Two such Dispute Resolution Schemes have been approved by Ofcom. They are Ombudsman Service: Communications and the Communication and Internet Services Adjudication Scheme (CISAS).

Ofcom’s investigation will examine whether there are reasonable grounds for believing that Reseller UK Ltd has failed to comply with its obligations under GC14.5.

Case Leader: Thomas Cherry (thomas.cherry@ofcom.org.uk)
Case Reference: CW/01167/10/15