Important tips to keep in mind
1.The basis of a good and effective complaint is information.
2.We need to know how the law protects us to achieve the compensation or remedy desired.
3.To sustain our claim we may also need to gather evidence about our complaint.
4.The trader should be notified about the problem immediately.
5.Complaining in person is more effective than on the phone.
6.When verbal complaints prove insufficient the next step is to put our complaint in writing.
7.Unresolved complaints can be lodged with the Consumer and Competition Division.
No matter how much careful we are during our shopping, there can always be a problem that might crop up when least expected. When this happens we are usually left with no other choice but to complain. To some of us even the thought of complaining causes us stress and anxiety. In actual fact, complaining, if done in the right way, is no big deal.
The basis of a good and effective complaint is information. Knowing what we are legally entitled to is the very first step towards achieving the compensation or remedy desired. Prior facing the trader it is therefore wise to first verify whether our complaint is legally backed up and whether the compensation requested is justified or not. For instance, if a recently purchased home appliance turns out faulty, but could be repaired or replaced, it would be unreasonable to ask for the money back. The law in fact stipulates that only when both repair and replacement result inconvenient or are not possible, that we may ask for a refund of part of the price or revocation of the contract. If on the other hand, the product we would like to return is not faulty but we just wish to exchange it with something else, then we need to be aware that our request completely depends on the shop’s customer care policies.
Before approaching the trader it would also be useful to organise ourselves. This could be done by writing down all the particulars and collecting in one file any documents we have that relate to the problem. Upon presenting our complaint we should also have evidence of the date and place of purchase and also the price paid. We should also be prepared to explain what went wrong or what the problem is, and what solution we are expecting. If when we purchased the product we were given a commercial guarantee, the document of the guarantee should also be handed out during our complaint. To sustain our claim we may also need to gather evidence about our complaint. We should keep in mind that we may have to go to the Consumer Claims Tribunal to obtain a remedy and hence we may need evidence to put in front of the arbiter to sustain our case.
The right timing is another important factor for an effective complaint. As soon as a problem crops up the seller or trader should be approached. By law, the trader must be informed of the lack of conformity in writing within two months. Moreover, even though the overall limit to claim redress is two years from delivery, if we complain about a fault after six months, then it is up to us to prove that the product was faulty at the time of purchase.
A complaint should first be made
informally. This basically means giving the trader the first opportunity to solve the problem. Ideally however we should complain in person, as it is undoubtedly more effective than on the phone. Moreover, once at the shop it is advisable to speak to a decision-maker, someone who has the authority to provide us with the requested compensation. At this point our attitude is also fundamental. We should always be polite, keep calm, remember to state all the facts, make clear the remedy or compensation we want, and most important of all avoid threats. These will only create unnecessary friction and complicate things.
If just speaking to the trader is not sufficient to resolve our problem, then the next step is to put our complaint in writing. Such letters should be clear and to the point and should clearly state what our problem is and what we want the trader to do. We should also include our details so that the trader knows where to contact us. Such letters should be concluded with a clear request for a reply by a certain date. Together with the complaint letter we should send copies, not originals, of any documents we have related to the complaint.
Being persistent is another trick to an effective complaint. We should not give up. Some traders try to ignore us hoping that we might stop complaining. But if we know that we have the law on our side, we should not let a hesitant trader deter us. We should keep contacting the trader until we get an answer.
If direct contact with the company does not work to our satisfaction we should then seek the assistance of the Consumer and Competition Division. Complaints can either be lodged personally by going to the Division’s offices or else by calling Freephone 8007-4400. The offices are open for the public from Monday to Friday between 8.30am and 1.00pm. On Wednesdays the opening hours to the public are extended till 4.00pm. It should be noted that when we file a complaint with the Division we need to produce all evidence and documents that help sustain our case.
Most of the time cases are resolved through mediation by the Division’s officers. However, if mediation proves unsuccessful, as consumers we can opt to submit our case to the Consumer Claims Tribunal.
This article is intended for information purposes only. Any legal claim or action taken in the event of a dispute should be based solely on the legal texts concerned. For further information one can contact the Consumer and Competition Division on Freephone 8007-4400.
Odette Vella
Senior Information Officer
Consumer and Competition Division