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Hi Luke, My name is Hannah, I handle Agent Compliance and Discipline at the Property Redress Scheme. All three schemes have agreed to enter into a Memorandum of Understanding with one another -this means that the schemes will not accept Agents as a member if the Agent has been expelled or are currently facing disciplinary action from another scheme. It was deemed by TPO in the above case that the Agent owed £1,600. Rather than comply with this decision as obligated, they decided to ignore the award and join our scheme instead. As it stands, the Complainants in the case have still not been paid. This is unacceptable behaviour and will not be tolerated by any scheme. Though each scheme's rules may differ slightly, we have a common line of action which always includes compliance with an Ombudsman/Head of Redress decision. So it is not a case of enforcing each other’s code. All Agents are given the choice of which scheme they would like to join and are then bound to comply with that particular scheme's rules. However, Agents cannot simply jump ship between schemes if an award is made against them. Allowing an expelled Agent to join another scheme and carry on trading as normal would effectively make paying redress scheme awards 'voluntary' which they certainly are not. In order to protect consumers and ensure that redress scheme decisions are upheld, the schemes are working together by sharing information about Agents that continue to flout their legal obligations. As such, we will not re-instate this Agent's membership until the Complainants have been paid in full and final settlement and we receive confirmation from TPO that all outstanding issues have been resolved. I hope that this clarifies our position on this issue Kind Regards, Hannah Moody, PRS
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22 July 2015 15:51 PM
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From: The Property Redress Scheme
22 July 2015 15:51 PM