The complaint checklist

Knowing what to do and what not to do when a problem with a particular purchase crops up is essential to obtain the desired solution without wasting precious time.

The very first rule is to keep our nerves under control. If we remain calm and rational we are more likely to get what we want. Once we are calm we should ask ourselves what kind of solution we are expecting from the trader.

Do we want the problematic goods repaired or replaced? Or would we rather get a refund? If it is the latter we are after, we should first check our legal rights before demanding such a solution.

Firstly, we must keep in mind that the law gives us the right to request a remedy if there is something wrong with the goods purchased or if they are not as promised at the time of sale.

Even when this is the case, the first remedies we can opt for is to have the goods repaired or replaced. If both remedies are possible and could easily materialse without causing us significant inconvenience, it would be unreasonable to ask for our money back.

The law, in fact, stipulates that only when both repair or replacement are inconvenient or not possible, should we ask for a refund of part of the price or revocation of the contract.

If, on the other hand, there is nothing wrong with the product purchased and we wish to exchange it, our request completely depends on the shop’s customer care policies.

Once we determine the kind of compensation we would like and we have actually checked that it is justified to request such compensation, we should then make our complaint as soon as possible.

By law, the trader must be informed of the lack of conformity in writing within two months from discovering the problem. However, the sooner a complaint is made, the better.

First and foremost, the complaint should be made in an informal manner. The trader we purchased the goods from should always be given the first opportunity to solve the problem.

Ideally we should complain personally, as this method is more effective than by phone. We should keep track and take note of the person we spoke to, and when and what is agreed. It is advisable to speak to a decision-maker, someone who has the authority to provide us with the requested remedy.

Where possible, we should collect evidence to back up our case, such as receipts, promotional material, pictures and other relevant documents.

When we present such documents as proof, it is important that we never leave original documents but only copies of the documents related to the complaint.

If we intend to ask for compensation of any extra costs incurred, it is necessary we sustain such claims with the relevant receipts. Hence we should remember to take note of these costs and ensure we have the relevant documents to prove we have actually paid for what we are claiming.

Determination is another fundamental element to obtain the desired solution. We should not give up what is rightfully ours.

Some traders may try to delay the process in the hope that we stop complaining. If we know the law is on our side, we should not give up.

By following this checklist, we should obtain the desired remedy without unnecessary hassle. If, however, our complaint remains unresolved, we should seek the assistance of the Consumer and Competition Department.

Complaints with the department can either be lodged by visiting the department’s offices in St Venera or Valletta, or by calling Freephone 8007 4400.

The offices are open to the public on weekdays between 8.30 a.m. and 1 p.m. in winter and 8 a.m. to 1 p.m. in summer.

For each and every complaint lodged, an electronic file is opened containing data concerning the consumer as well as the trader.

The information needed to register a complaint includes the consumer’s personal details, the trader’s details, a brief description of the complaint and photocopies of all relevant documentation.

Mediation starts soon after a complaint is made. The main aim of such mediation is to reach an amicable solution between consumer and trader, thus avoiding the need to file a case with the Consumer Claims Tribunal.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Consumer and Competition Division.