SCHEDULE 3Requirements that a competent authority must be satisfied that the body meets

Grounds to refuse to deal with a dispute13

The body may only refuse to deal with a domestic dispute or a cross-border dispute which it is competent to deal with on one of the following grounds—

a

prior to submitting the complaint to the body, the consumer has not attempted to contact the trader concerned in order to discuss the consumer’s complaint and sought, as a first step, to resolve the matter directly with the trader;

b

the dispute is frivolous or vexatious;

c

the dispute is being, or has been previously, considered by another ADR entity or by a court;

d

the value of the claim falls below or above the monetary thresholds set by the body;

e

the consumer has not submitted the complaint to the body within the time period specified by the body, provided that such time period is not less than 12 months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer;

f

dealing with such a type of dispute would seriously impair the effective operation of the body.