What if a TIO member ceases trading without notice?

Please find below a list of the questions most frequently asked by TIO members after a company closes its doors without notice.

Q. My wholesaler/reseller has stopped providing services and my/their customers have no service. Can I lodge a complaint with the TIO about my wholesaler/reseller?
A. The TIO cannot take complaints from members about other members of the TIO Scheme or another industry participant. This is not a function of the TIO. See the TIO website for information about the TIO’s jurisdiction.

Q. Something is happening with a certain service provider. Does the TIO know what is happening? What can the TIO tell us?
A. The TIO most often finds out that a specific member(s) is experiencing difficulties when consumers lodge complaints with the TIO. Sometimes the media also covers such events.

The TIO tries to find out as much information as possible to help consumers resolve their complaints.

The TIO relies on information from its members to understand what is happening and the extent to which the TIO can help. Members should contact Member Communications if they have information that will help the TIO deal with complaints.

The TIO does not comment about any situation without first confirming any information it receives.

The TIO will treat any information as confidential if requested. On occasions the TIO may not be able to reveal privileged or confidential information.

The TIO generally publishes useful information on its website and on its telephone queue as it becomes available.

Q. I cannot reorganise a service for my customers. Can the TIO help?
A. The TIO is an alternative dispute resolution body. The TIO is not able to help members set up new networks or contracts.

Q. Am I still under any contractual obligations to my wholesaler/reseller?
A. The TIO cannot give advice to members about these matters. Members should seek their own legal advice.

Q. Are my customers still under contractual obligations to me?
A. The TIO can investigate complaints from consumers about variations to contracts where they believe the terms and conditions of the contract have changed significantly and the complainant can argue they are substantially disadvantaged. These situations often give rise to such complaints.

For more information, see the TIO's Position Statement, Variations to contracts.

Q. Will I be charged for TIO complaints when the problem is not my fault?
A. The TIO will take complaints about a customer not being able to access a service when a network is shut down and associated problems. The TIO will generally lodge a complaint against a consumer’s direct service provider, rather than a wholesaler, under the TIO’s "bill the biller" policy.

The TIO will not lodge complaints against a company that is no longer trading. However, where an administrator or liquidator has been appointed and that person continues to trade, with a view to trading the company out of administration or to liquidating the company, the TIO expects that complaints are dealt with while trading continues.

It is important for TIO members to keep in touch with the Member Communications Team over this time. If the TIO is advised of the situation early and kept updated, we are happy to work with members to try to minimise complaints.

To protect the Scheme's ability to deliver quality dispute resolution services, the TIO may at its own discretion impose conditions on the lodging and handling of complaints, or exercise its discretion not to investigate complaints. Where the TIO exercises this discretion, it must advise Council of the number and circumstances of such complaints at the next Council meeting.

View the TIO’s media release about Veridas here.

Page created: 16 October 2006