As soon as we realise that a product or service we have purchased is not what was promised to us during the sale, or that there is something wrong with it, our first move must always be to contact the company or business where the goods or service were purchased from and complain.
Our complaint can first be made informally – by going in person to the trader’s premises, clearly explaining what the problem is and asking for a solution.
In fact, it is in our best interest to be aware of our legal rights in every situation we find ourselves in, hence avoiding asking less than we are legally entitled to or more.
For instance, we should keep in mind that we have no rights under the Consumer Affairs Act, if the problem with the product purchased is that we simply changed our mind, or if we made the wrong buying decision.
Furthermore, we have no right to redress for faults caused by misuse or faults that are pointed out to us at the time of purchase. We are also responsible for examining the goods we are about to buy, because apparent defects that could have been detected before the sale was concluded may not be legally covered.
When complaining with the trader, it is crucial that we are always polite and reasonable in our request for compensation. We may feel angry and stressed because the product or service paid for wasn’t as promised or expected, but being rude with the seller or salesperson would not get us a quicker solution. It is also important that we make our complaint in a clear way and by keeping to the facts.
As soon as we realise that a product we bought is not what was promised to us during the sale, our first move must always be to contact the trader
We should also remember that the seller is always the person responsible to provide us with a remedy. Hence, traders cannot dismiss their legal responsibilities by saying they are not responsible and refer us to the agent or manufacturer. If they do so, we may insist on the trader dealing with the manufacturer or agent on our behalf.
If communicating informally with the seller does not solve the problem, we will need to take our complaint a step further. According to the Consumer Affairs Act, in order to be entitled to a legal remedy we must notify the trader of any lack of conformity in writing within two months from detecting the problem.
Furthermore, such notification must either be made by a judicial act or by registered mail. If we do not adhere to these legal obligations, we may lose our right to a free remedy.
Together with the complaint letter, we should also send a copy of all the relevant documentation related to the case: such as receipts, commercial guarantees, contract of sale, and so on.
It is important we send copies and hold on to the original documents. We should also ensure that our complaint letter is sent to the right person, so we should ask for the name and address of the person who can take decisions and provide us with the requested solution.
When complaining in writing, we should keep a copy of the letter. If we do not get a reply to our complaint within a reasonable time, or the remedy offered to us is not acceptable, then our next move should be that of filing a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority (MCCAA).
A complaint with the authority may be registered in various ways:
You can visit the offices of the Complaints and Conciliation Directorate at Mizzi House, National Road, Blata l-Bajda, or the Valletta office at 47A, South Street;
You can do it in writing by addressing the letter to the director of complaints;
You can complete the online form on the MCCAA website;
You can send an email to fair.trading@mccaa.org.mt.
When complaining, besides including and attaching all the relevant documentation, consumers are also requested to include their identity card number, address and contact numbers.Once a complaint is filed with the authority, it is evaluated and, if justified at law and falls within the remit of the MCCAA, will be assigned to a complaint handler to carry out mediation and conciliation. All efforts will be made to settle the case amicably. If an amicable solution is not reached, then we may opt to submit our claim before the Consumer Claims Tribunal, or else withdraw the complaint.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.