If you’ve been considering escalating your complaint with one of our ADR schemes, and taken a look anywhere across our scheme sites while researching how to do so, you’ve likely encountered the terms:
Final Written Response (otherwise known as a ‘Deadlock Letter’)
Across all of our scheme sites, we explain that (unless you’ve already given the trader 8 weeks to respond to your direct complaint), a Final Written Response (or Deadlock Letter) is something you need to obtain in order to use our ADR services…
But what is a Deadlock Letter, and why do we ask you to get one?
For many consumers, it’s an unfamiliar phrase that can make the complaints process seem more complicated than it really is. In reality, a Deadlock Letter is simply a way of confirming that you and the business have reached the point where you’re unlikely to resolve the complaint between yourselves… Which is where a neutral third party – such as CDRL – steps in!
In this guide, we’ll explain what a Deadlock Letter is, why it’s important, and how you can obtain one!
At CDRL, we operate 5 ADR schemes designed to resolve your consumer disputes, spanning the Aviation, Retail, non-regulated Communications and Utilities sectors!
If you’re curious, please visit the relevant websites below:
What is a Deadlock Letter?
A Deadlock Letter (sometimes called a Letter of Deadlock, a Final Written Response, or Final Response Letter) is a written statement from a trader confirming that:
- It has considered your complaint
- It has reached its final position
- It does not believe a further agreement can be reached through its internal complaints process
In other words, the trader is saying, “This is our final decision with regards to your complaint.”
Receiving a Deadlock Letter simply means that the trader considers its internal complaints process to be complete.
Why is a Deadlock Letter important?
The times where a Deadlock Letter is likely going to be most important to you are when you’re looking to use an Alternative Dispute Resolution (ADR) scheme, as many ADR providers (such as CDRL!) will ask consumers to first give the trader you’re complaining about an opportunity to resolve the complaint directly.
A Deadlock Letter acts as official evidence that you’ve done this, and that the matter still remains unresolved.
Depending on the ADR scheme and the type of dispute, a Deadlock Letter may allow you to escalate your complaint without waiting for the full internal complaints period to expire.
For example, across our own ADR schemes, all we need from you in order to use our services is that you’ve either:
- Received a Final Written Response (otherwise known as a ‘Deadlock Letter’)
- Given the trader 8 weeks to respond to your dispute
… Long story short, a Deadlock Letter would indeed allow you to bypass the 8 week rule with us!
Equally – in cases where the trader doesn’t respond to your complaint (or just doesn’t issue you a Deadlock Letter), you can still escalate with us! … Just only after waiting 8 weeks to do so.
You don’t necessarily HAVE to have a Deadlock Letter to use ADR!
How do I get a Deadlock Letter?
The simplest approach is to follow the trader’s complaints process.
Typically, this means:
- Raise your complaint with the business
- Give them an opportunity to investigate and respond
- If you disagree with their proposed resolution, let them know why
- If it becomes clear that no agreement can be reached, ask whether they can issue a deadlock or final response letter
Most traders should issue one automatically once they’ve completed their investigation as part of their formal procedure.
If they don’t automatically do so, you can always ask them for one.
What should a Deadlock Letter include?
Although formats vary, a deadlock letter will usually include:
- The date of the trader’s Final Decision
- A summary of your complaint
- The trader’s final response
- Confirmation that its internal complaints process has ended
- Information about any available Alternative Dispute Resolution scheme or next steps
Keep the letter safe, as you may need to provide a copy if you later refer your complaint!
What if the Trader won’t issue a Deadlock Letter?
Some traders choose not to issue deadlock letters, while others may continue corresponding without clearly confirming that they’ve reached their final position.
If they don’t give you a Deadlock Letter, it’s not the end of the world!
It just might mean you need to wait longer to use an ADR service (such as our own schemes here at CDRL, which require you to wait 8 weeks before submitting your complaint if you don’t have a Deadlock Letter).
Many other ADR providers also allow consumers to refer complaints once the trader has had a reasonable opportunity to resolve the matter, even if no deadlock letter has been issued. Always make sure to check the relevant time limits and eligibility requirements of each scheme!
Can you challenge a Deadlock Letter?
A Deadlock Letter isn’t legally binding on you.
If you disagree with a trader’s Final Response, you don’t have to accept it simply because they’ve described it as their final decision. It just means they aren’t going to budge unless you escalate matters outside of their internal Complaints Process.
Instead, you may be able to ask an independent ADR provider (such as CDRL) to review the complaint, provided your dispute falls within the scheme’s scope and meets the relevant eligibility criteria – or even go to court, if you wish.
How do I get started with ADR?
If your complaint is within the aviation, retail, non-regulated utility or communications sectors, you can start the process with us today via any of our relevant schemes below:
> CommsADR
Make sure to read through our sites carefully to understand the process, the requirements, and next steps. If your complaint isn’t eligible to be escalated with us, remember: there are many other ADR providers out there who may be able to help you too!
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