C. Decision

13.1 If either the Customer or the Participating Service Provider, or both, do not accept the Commissioner’s Recommendation, the Commissioner shall consider the reasons set out by either or both parties for rejecting the Recommendation, and shall thereafter issue a Decision in writing, including the Commissioner’s detailed reasons. 

13.2 In formulating the Decision, the Commissioner shall consider whether there is substantial doubt as to the correctness of the Recommendation. If in the Commissioner’s discretion there is doubt as to the correctness of the original Recommendation, the Commissioner’s Decision may amend or modify the remedy recommended to the Customer and the Participating Service Provider in the Recommendation, or may impose a remedy not previously recommended.

Decision Issued

The CRO will issue the Decision with approval from the Commissioner after reviewing the responses by each party after the Recommendation was rejected. We will provide the PSP and the customer with written copy of the Decision, along with instructions for the next steps.

Once the Decision has been issued, the status of the complaint will change to “Decision issued”:

Decision Accepted

A Decision is only considered to be accepted if the customer accepts it. If the customer fails to respond to the decision within 20 calendar days, they will be deemed to have rejected it.

We will notify you in writing once customer has accepted the decision. The complaint will be moved to the “Concluded” tab on your dashboard and its status will change to “Decision accepted”:

Implementing the decision

Section 13.3 of the CCTS Procedural Code states that “13.3The Commissioner’s Decision shall be binding on the Participating Service Provider, but not on the Customer.” Section 13.6 states that “13.6 If the Customer does not accept the Decision, the Customer may pursue such remedies as may be available to the Customer, and the Participating Service Provider shall be deemed to be fully released from the Commissioner’s Decision.”

When the CCTS issues a decision, it becomes binding and the PSP must implement the resolution if the customer accepts the decision.

We expect PSPs to implement the resolution immediately upon receipt of our written confirmation that the Decision has been accepted by the customer. In the exceptional event that the PSP is unable to implement the decision immediately, the PSP must clearly inform the customer and the CCTS of the date on which it expects to be able to implement it.

You must send us written confirmation within 5 business days, indicating that the decision has been implemented. Failure to confirm implementation of the decision will result in the complaint being referred to the CCTS Compliance Team for further action.

Decision Rejected

A Decision is only considered to be accepted if the customer accepts it. If the customer fails to respond to the Decision within 20 calendar days, they will be deemed to have rejected it.

We will notify you in writing once customer rejects the Decision, or if the customer is deemed to have rejected the decision after 20 calendar days. The complaint will be moved to the “Concluded” tab on your dashboard and its status will change to “Decision rejected”. The reason will indicate whether the customer rejected the Decision or if they simply failed to respond to the Decision (“Customer 20 day expiry”).

Release of PSP’s obligations

If the customer rejects the Decision, or if they fail to respond within 20 calendar days, the complaint will be closed and the PSP will be released of their obligations.