MIDLAND TML - Consumer Code of Practice on Complaint Handling and Dispute Resolution

Introduction to our company and services

MIDLAND TELECOMMUNICATION MANAGEMENT LTD (hereafter known as Midland TML or Lines & Calls) is an independent company that delivers communications services to domestic and business customers. While we may not provide all the component parts of our services ourselves we do take responsibility for the services delivered to you. So we will liaise with our suppliers to ensure that any problems with their services are resolved promptly.

Purpose of this Code of Practice

The Code informs you about our products, services, and customer care policies. Our code has been approved by Ofcom, the independent regulator for the UK communications industries.

How to contact us

Please contact our Customer Service Team

By phone: on 0800 652 9 653 (24 Hours including Bank Holidays)
By e-mail: enquires@midlandtml.co.uk
By fax: 0800 652 9656
By letter: MIDLAND TML, 255 Hospital Street, Birmingham B19 2YF
Via our website: www.midland-telecom.com

Our commitment to you:

We are committed to providing you with the highest quality of customer service. When we purchase our services from wholesale providers, we choose those providers carefully to ensure that you get a high quality service. We make every reasonable effort to supply services that satisfy your requirements. We work to all relevant laws and regulations.

Our products and services:

Analogue and ISDN digital landlines
Landline calls
CPS-Carrier Pre-Selection of landline calls
WLR-Wholesale Line Rental
ISDN-digital telephone lines
Broadband Internet Access
Internet services
Mobile telephone and mobile data services
PBX Equipment and maintenance services
Non Geographical numbers and call services

For more details on any of our products and services, or to place an order immediately, please contact our Network Services Team on 0800 652 9 655

Marketing

We work to the principles in the British Code of Advertising, Sales Promotion and Direct Marketing, which are stated on the website, www.cap.org.uk

Terms and conditions

When you subscribe to a service from MIDLAND TML, we will send you our Standard Terms and Conditions and ask you to sign a contract, if applicable. If you have any questions, please phone our Customer Service Team on 0800 652 9 655. We may carry out a credit check as part of our assessment procedures.

Where applicable, the minimum contract term for our services is three months although contract lengths vary. We aim to provide most call services within three working days of your original request, subject to the availability and installation of any equipment and, where appropriate, lines to your premises. We aim to provide most fixed landline services within twenty five working days subject to survey. If we need to arrange a survey of your premises or lay additional cabling we will advise you of the revised timescales as soon as we can. There can be delays in obtaining line services in rural areas, we will advise you as soon as a survey is completed of the estimated delivery date. We cannot guarantee the delivery date of any line service, nor the issue of new telephone numbers until BT actually bring that line into service.

Cancellation

If you decide to cancel your order or agreement before we have provided the services, you may do so without charge within fourteen days of placing your order. After fourteen days we will charge you an administration fee up to a maximum of all of the standard connection charges that would be due under the agreement and an additional fee amounting to the total of the first year of rentals that would be due under the agreement.

Should you wish to terminate your contract within the minimum term, we will charge you all of the remaining line rental charges that would be due until the end of your minimum term contract. After the minimum term you can cancel any service by calling our Customer Service Helpdesk on 0800 652 9 655 giving us one months notice.

Faults and repairs

Please call our Fault Service Team on 0800 652 9 653 if you experience a fault with any of our services. We aim to have this investigated and repaired within four working days for a residential service and two working days for a business service.

Compensation and refund policy

As we have no direct control over the provision of new call or line provision and their subsequent repair, we cannot accept liability or compensate customers for loss of business.

Our policy is to review each claim for compensation on a case by case basis.

Where a customer has suffered a loss of service due to late delivery of a new line service or late repair of a line, we can claim compensation on your behalf from BT Wholesale of £5 per telephone line per day for a business line or £3 per line per day for a residential line. This compensation is paid for any day or part thereof where the repair or late delivery exceeded the maximum repair time or delivery dates given herein. Furthermore where BT fail to attend an appointment at all, we can claim a one off compensation of £5 for you for the missed appointment.

Price lists

Our pricing structure is available from our Customer Service Team on 0800 652 9 655 and on our website. We will write to you in advance if we change the pricing structure on your products and services.

Billing

We will bill you monthly for calls services and either monthly, quarterly or annually for line, broadband and internet services.
You can choose to pay us via a range of options including cheque, BACS or bank transfer and direct debit. These are agreed at the start of your contract. If you wish to change your method of payment at any time, please call our Customer Service Team. We provide itemised bills for calls costing more than fifty pence; you can request itemisation down to a single penny by contacting our customer service team.
If you have difficulty paying your bill, please contact us on 0800 652 9 655 and we will try to arrange a different method of payment. We will do all we can to help our residential and small business customers to manage their bills and avoid disconnection.

Disconnection

If you do not pay your bill on the due date you will be sent a red reminder letter. If you still have not paid your bill within thirty days of the due date our credit controller will try to contact you by telephone to warn you that you face disconnection within seven days if you do not pay immediately and that this will result in a service charge of £25.

If you still fail to pay the charges due you will be sent a disconnection notice in writing and if payment is not made within three days of the receipt of the disconnection notice we will suspend the outgoing call service until full payment of all outstanding amounts is made. We will add a service charge of £25 to your bill due immediately if it proves necessary to disconnect. We will not cease a land line permanently (with the loss of both inbound and outbound service) until we are satisfied that you are unable or unwilling to pay us and cannot make a reasonable offer of payment. We may also insist (where practicable) that you pay future bills by direct debit. Failure to pay after disconnection will result in County Court action being taken against you unless you can make an offer of payment to settle the whole outstanding amount within twelve months.

If you have a dispute with your bill you must notify us by telephone, fax, letter or e-mail before it becomes more than thirty days overdue. While a dispute exists you will be allowed to withhold payment only on the disputed amount and not for other services that are due.

If you are moving home or office

Please call our Customer Service Team on 0800 652 9 655 no later than 60 days before your intended move date. We will amend your account and billing requirements as necessary. We will endeavour to offer you the same telephone number to minimise disruption but please note that for geographic numbers this is not always possible.

Number porting

MIDLAND TML recognises that keeping your existing telephone numbers may be important to you. If you move your business to us and wish to keep the number that you have with your old provider, we will arrange it if you ask us. If you cannot have your old numbers at your new premises we can arrange for the calls to be forwarded to the new site or callers can receive a message telling them of your new numbers. Charges apply for forwarding calls and giving messages, contact our customer service team on 0800 652 9 655 for more information. It may be possible to port your numbers from a cable operator such as NTL or Telewest to BT or vice versa, we can tell you within two working days if this is possible. We are able to port mobile telephone numbers, non-geographic numbers and broadband services between suppliers. We will work with you to ensure that the services are switched over at a convenient and appropriate time. Please contact our Customer Service Team on 0800 652 9 655 for more details.

Complaints

We make every effort to ensure that our customers are happy with the level of service, and the products and service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently.

If you have a complaint about any part of our service, please contact our Customer Service Team on 0800 652 9 655. Our advisors will ask you about your complaint and seek to resolve the problem while you are on the line. During any discussions we will protect the privacy of the information that we hold on you. To do this we may have to ask you questions to confirm that we are speaking to the right person.

You may also send your complaint to us in writing (see “How to contact us” above).

We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. If your complaint is not resolved to your satisfaction, you can take it further within our company, and ultimately to the Managing Director. If we cannot resolve the problem, we will write to you to say so.

If you remain unhappy and wish to pursue your complaint further, if your complaint has been outstanding for more than 12 weeks or you have received a letter from us saying that your complaint has reached “deadlock”, then you may ask for help from Otelo.

Otelo is an independent organisation which is approved by Ofcom to provide an alternative dispute resolution (ADR) service. Ofcom-approved ADR services have been set up to sort out disagreements between communications providers and their consumer and small business customers. Their job is to investigate complaints fairly by listening to both sides of the story. They look at the facts given to them before recommending any action that may be needed to put things right.

Statement of social responsibility

We take very seriously the problem of nuisance calls and malicious communications. We tackle it by working closely with the police and others in the communications industry. If you have been a victim of this activity, please call the Customer Service Team on 0800 652 9 655 to report the incident, and for information on how to deal with this situation.

We encourage parents to register the mobile phone of their children, and take responsibility for all customer care enquiries.

We are aware that telephones can provide access to premium rate services, including adult content through independent companies’ services. Our Customer Service Team can restrict the access to premium rate services. Please call them on 0800 652 9 655 for advice on this service.

If you receive nuisance telemarketing calls you can take action to prevent this by contacting the Telephone Preference Service and if you receive nuisance marketing by fax you can take similar preventive action contacting the Fax Preference Service. See listing for both services below.

Services for people with special needs

We are committed to helping all our customers to communicate easily. We offer the following additional services on request for customers who are older or who may have a disability, including:

Priority access to the Customer Service Team
Priority fault repair and assistance
Additional help and support if you have difficulty paying your bill
A free Directory Enquiries service for people who are unable to use the printed phone book
Copies of bills in large print, on computer disc (or in Braille) for customers who have difficulty reading their bill
Copies of this Code are available in larger print and other formats on request

Data protection

We comply fully with our obligations under the Data Protection Act 1998.

Useful addresses

Otelo, PO Box 730, Warrington, Cheshire, WA4 6WU. Tel: 01925 430870 or 0845 050 1614
e-mail: enquiries@otelo.org.uk Website: www.otelo.org.uk

Ofcom, Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Tel: 0845 456 3040 or
020 7981 3000 e-mail: contact@ofcom.org.uk Website: www.ofcom.org.uk

ICSTIS Ltd, Clove Building, 4 Maguire Street, London, SE1 2NQ. Tel: 0800 500212 or 020 7940 7474 Website: www.icstis.org.uk
TPS, Telephone Preference Service DMA House, 70 Margaret Street, London, W1W 8SS
Tel: 0845 070 0707 fax 020 7323 4226 e-mail dma@dma.org.uk Website: www.tpsonline.org.uk

FPS, Fax Preference Service DMA House, 70 Margaret Street, London, W1W 8SS
Tel: 0845 070 0702 e-mail dma@dma.org.uk Website: www.fpsonline.org.uk

Federation of Communication Services (FCS), Burnhill Business Centre, Provident House, Burrell Row, Beckenham, Kent BR3 1AT.
Tel: 020 8249 6363 e-mail: fcs@fcs.org.uk Website: www.fcs.org.uk

This code has been licensed by The Federation of Communication Services Limited 2005

Licence number 001682

Published July 2005. Correct at the time of printing. ©The Federation of Communication Services Limited 2

Midland TML: Sales and Marketing Code of Practice

Introduction

Midland Telecommunications Management Limited hereafter know as “Midland TML” or “the Company” has produced this Code of Practice to comply with OFCOM’s ruling that all telecommunication service providers should form a Code of Practice for their Sales and Marketing Practices and Procedures.

Midland TML are a responsible Company that recognises and complies with all legislative and regulatory issues.

This Code is intended to provide procedures that ensure Midland TML’s customers receive the best protection possible from any element of malpractice in the Sales and Marketing process used by the Company. It also provides for precautions in recruiting and training staff in the sales and marketing processes that the Company uses. It is intended to help eliminate any malpractice and the Code helps the Company be vigilant in vetting sales and marketing methods, literature and presentation content. All Sales and Marketing employees are aware of this Code and how they should keep to its guidelines when dealing with potential or existing customers.

The Code of Practice is available on request to all existing and potential customers. It is also available from our website at www.midland-telecom.com.

The Code of Practice is available by letter, fax or e-mail by applying to Leon Fletcher, Midland TML, 255 Hospital Street, Birmingham B19 2YG. Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

Status of Code

Midland TML complies with the provisions of this code under the guidelines and regulations applied by OFCOM, however, non-compliance with this code does not affect the validity of any contract, whether verbally agreed or signed, between Midland TML and the customer, unless otherwise provided by law. The provisions of this code only apply to customers as defined within the Communications ACT 2003 and do not apply to all businesses.

Sales and Marketing, Advertising and Promotions

Midland TML approaches potential customer by personal contact, press advertising, mail, telephone, fax and e-mail.

Potential and existing customers legal rights regarding the Telephone Preference Service (TPS), Mail Preference Service MPS, and E-mail Preference Service are adhered to and any databases used to contact customers are screened for compliance.

Midland TML ensures that marketing literature currently in use by the Sales and Marketing team of employees is accurate, easy to understand, contains fair and reasonable information and makes no unsubstantiated claims. Information regarding pricing of our services and those of competitors are accurately assessed and any savings or benefits of any of the services offered by Midland TML are a true reflection of the service actually delivered to the customer.

Recruitment and Training of Sales and Marketing Staff

All prospective employees have a detailed check of their previous employment history. Where evidence of mis-selling, lack of integrity, dishonesty or convictions for theft, fraud or where we feel the employee may pose a risk to potential customers, the employee will be eliminated from the recruitment process.

Training course:

All new employees will complete a training course that includes:

A complete understanding of the range of Midland TML offers for fixed line, call and broadband packages.
Appreciation of the processes involved in transferring services from other providers to Midland TML and any contractual obligations the potential customers may have.
Awareness of polite and courteous behaviour and etiquette when visiting or presenting services to customers.
Fully conversant with the Codes of Practice used within the industry and how the process of prospecting for and winning a sale must comply with them.
Awareness of what the Company considers is unacceptable behaviour in winning sales.
Awareness of the disciplinary action that the Company takes when an employee is cited in a complaint for mis-selling, misrepresentation or poor conduct.
Awareness of the rights of customers under current legislation and appreciation of trading styles, Contract Law, Consumer Credit Laws and the correct presentation and completion of Midland TML’s order forms and documents.
Appreciation of the terms and conditions of supply of Midland TML’s products and services including the minimum term of the contract and any termination fees applicable for early termination.
Appreciation of the correct procedure for customers to cancel contracts for all of the Company’s services.
Appreciation of how they must represent themselves and Midland TML and their relationship to competitors within the industry.

Midland TML has a Management team which is fully responsible for the actions and conduct of its Sales and Marketing Employees and their compliance with the Codes of Practice. Any allegations or complaints about the conduct of a member of the Sales and Marketing team should be reported to Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

Each Employee recruited by Midland TML is identified by their Tax and National insurance documentation and we require other evidence of proof of identity and address including passport, driving licence and Birth Certification. Midland TML also requires each employee to provide to at least two references that can be checked by Midland TML for any form of sales related misconduct from their previous employment.

Midland TML’s remuneration packages are designed to reward long term relationships with customers and avoid large lump sum payments which tend to encourage mis-selling. Midland TML and the closely associated company Midland Telecom Ltd employ all Sales and Marketing staff directly and do not use dealers or self employed agents. The Company also pays most employees most of their pay in salary and the minority in commission payments.

Customer Contact

Midland TML does not operate sales activity outside of the hours 8.30am to 5.30pm Monday to Friday or on public holidays unless at the request of a customer.

All Employees of Midland TML involved in personal visits to customers must identify themselves upon arrival as a representative of Midland TML. All potential customers are welcomed to contact head office to confirm the identity of any Midland TML employee if they so wish.

Midland TML does not call upon any potential customers without a pre-arranged appointment. If any contact with a customer is inconvenient or unwelcome the appointment will be cancelled immediately. Any potential or existing customer who wishes to have no further contact with Midland TML can request the removal of their details from the Sales and Marketing databases by contacting Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

Midland TML will not direct its marketing activities to those who are under the age of entitlement to enter into a contract or to any persons who may be vulnerable due to age or infirmity or disability.

Midland TML retains the records of all potential customer contacts for a period of not less than six months including the salesperson’s details, type of sales activity and date and time of contact. These details are recorded on a database.

Entering into a Contract –Information, Order Forms and Contracts

Midland TML takes all reasonable attempts to ensure the person agreeing to the contract is authorised to enter into the agreement for telecommunications services on behalf of the customer.

Midland TML has designed all of its contractual documents in a manner to ensure that the contractual nature of the document is clear and concise. The customer signs the document next to a declaration of their intent to enter into the contract. The main features of the contract are clearly stated on the front of the agreement with the terms and conditions supplied on separate pages. Strong references prompt the customer to read the terms and conditions of the contract before entering into it.

It is the customer responsibility to review the contract and its terms and conditions and ask questions regarding any aspects of the contract they are unclear about prior to agreeing to the terms and conditions.

The following features appear clearly on the contract:

Contact details for the Company, including the postal address, telephone number, facsimile number, e-mail address and website address.
Minimum period of supply.
Features of the service.
Any special rates given to the customer that deviate from the standard rate sheet of charges.
Payment terms.
Termination procedures and fees, which may be applicable.
Customer service opening hours.

Midland TML provides all customer with a pricing sheet, which lists all of the charges for line rental, network features, local and national calls, calls to mobile phones, international calls, directory enquiry calls and non-geographic number calls.

Midland TML offers all customers, as defined within the Communications Act 2003 (i.e. not all businesses), a consolidation period. All customers are made aware of this period. No cost will be applied for accepted cancellations during this period. Request for cancellation should be made to Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

Cancellations by customer outside of the consolidation period will be referred to the terms and conditions of the customer’s contracts.

All Midland TML customers will receive a letter marking the commencement of the services with Midland TML. All letters contain contact details for our customer services department, including the full postal address, telephone number, fax number and e-mail address.

Audits

Midland TML will carry out regular checks on all aspects of the training of sales and marketing staff, documentation and the procedures employees are given to follow. The Company will also carry out regular audits of all standard letters, sales and marketing literature and information provided by Midland TML to potential and existing customers to ensure that it complies with all aspects of this code.

All contracts received by the Company will be checked for completeness, correct trading style and validity. Contracts will be checked for unauthorised amendments. Any contracts that fail to be completed properly will be rejected and a copy of the rejected document returned to the customer.

Customer complaints procedure

Any customer complaints relating to the sales and marketing of the Company should be made in the first instance to Leon Fletcher, Compliance Manager, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk An internal investigation of the complaint will be presented to the customer within 28days and a resolution offered to the customer.

If the customer believes that their complaint has not been dealt with to their satisfaction than they can contact the Managing Director, Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midland-telecom.com The Managing Director will provide a response to the customer with 28 days offering a resolution.

All complaints that are upheld against our sales and marketing staff will result in internal disciplinary procedures being taken against the employee(s) involved.

Midland TML is a member of the OTELO alternative dispute resolution company. Customers should only contact OTELO if a compliant made in accordance with the procedures herein has not be resolved to their satisfaction within twelve weeks of the complaint first being reported to Midland TML. OTELO is only available to customers whose annual expenditure on line rental, calls and VAT is less than £5,000.00

Distribution of the code: Creating awareness

Midland TML has taken measures to advise all members of staff of the existence of and compliance with the code of practice. This code is available via the Company website and is given to all employees as part of their training. The code is available at any time, free of charge by contacting any member of staff at the Company: Midland TML, 255 Hospital Street, Birmingham, B19 2YG by letter, fax or e-mail Tel 0121 333 3488, Fax 0121 333 3298 e-mail: enquiries@midlandtml.co.uk

Midland TML has passed the code onto OFCOM, OTELO and it is posted on our website www.midland-telecom.com