Not all products and services we buy are perfect and exactly as we expect them to be. Products sometime break down and services provided may not give us the promised results. When problems crop up, we may feel frustrated and stressed. The first thing to do is to calm down and think clearly on the best way to deal with the complaint.
The first person to speak to is the seller who sold us the product or provided us with the service. If the sales person we originally dealt with is only an employee who cannot take any decisions on providing us with a remedy or solution, we may need to address our complaint to the responsible manager or directly to the owner of the business.
If we are not sure who to forward our complaint to, we should have a look at the documentation given to us by the seller when we paid for the product or service, as there could be guidelines that could help us.
If the seller tries to brush off responsibility by referring us to the agent or mother company, we should remember that he is legally responsible for the products or services provided. If the complaint is legally justified, it is the seller who must provide repair, replacement or, ultimately, a refund.
When we go back to the seller to complain, it is necessary we take with us the proof of purchase, such as the fiscal receipt, credit card statement or some other document that proves where the product or service was purchased from, when and for how much.
If possible, we should also take the problematic good with us to better explain the problem, or photos of the fault or damage.
We should be assertive without being aggressive
It is also important that before we go to the trader, we are well prepared and well informed about our consumer rights. Knowing these rights will give us extra self-confidence, which may prove crucial in resolving our complaint without unnecessary hassle and stress.
When facing the trader, we should concisely explain what is wrong with the product or service purchased and clearly state what kind of remedy we are expecting. The remedy we request should be in line with our legal rights. We should not demand something we are not legally entitled to. For instance, we should not ask for a cash refund when the problematic good can easily be repaired or replaced.
How we communicate with the seller is fundamental. We should be assertive without being aggressive. In other words, we should make it clear that we are determined to obtain the remedy we are entitled to, but should avoid shouting at the seller or exhibit any aggressive behaviour.
The initial complaint should be made in an informal way, such as face to face or over the phone. Most complaints are resolved at this stage. If they’re not, we will need to put our complaint in writing and send our letter by registered post.
Together with the complaint letter, we should send relevant documentation that could substantiate our clam and requests.
We should also ask for a response within a reasonable time and include our details, so that the trader knows where to contact us.
If we are not offered an acceptable solution by the seller, our next step is to file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority. Complaints can either be lodged personally at the MCCAA’s premises in Blata l-Bajda, through the post, or by sending an e-mail to fair.trading@mccaa.org.mt.
If our complaint is justified, it will be assigned to a complaint handler who will act as a mediator, contact the trader and inform him of his obligations by law. If after mediation, an amicable solution is not reached, we will be offered the possibility to take our claim to the Consumer Claims Tribunal or withdraw it.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.