Having problems with a product or service purchased is not a pleasant experience and if not dealt with in the right way it may cause useless stress and hassle. Knowing how to complain is also essential in avoiding unnecessary conflict and thus lengthy disputes.

The first person to speak to when we have a problem with the product or service purchased is always the trader. By speaking to the trader politely and explaining clearly what the problem is, we can sometimes manage to solve the problem there and then.

If we want our complaint with the trader to be effective, it is important that we address the right person. We should address our complaint to the person who has the authority to provide us with the solution we are requesting, such as for instance the manager or the owner.

When we complain we should take with us the problematic item, if this is possible, and also the proof of purchase. We should also take any other documentation that helps us sustain our claim for compensation. With regards, to our claim for a remedy, it is important that it has a legal basis.

Before complaining we should gather information on whether our complaint is legally justified, and if it is, what kind of remedy we should ask for. We should not ask for a refund when we know that the seller may repair or replace the defective product. If we are not sure how the law protects us we may contact the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority (MCCAA) and be guided accordingly.

Our attitude while complaining also plays an important role. We should control our feelings... be polite and respectful. We should also keep in mind that our problem may not be resolved there and then. The seller may need some time to verify the origin of the problem and then revert back to us.

Knowing how to complain is also essential in avoiding unnecessary conflict and thus lengthy disputes

As long as the period of time taken by the trader is reasonable and does not cause a significant inconvenience to us consumers, it is legally acceptable for the trader to take some time to evaluate the complaint.

An informal complaint may either be done over the phone or by meeting personally with the trader. Usually, speaking to the trader is enough to solve the problem. If not, then we will need to do a written complaint.

It is a legal obligation to send a written notification about the problem to the trader. This notification should be sent within two months from the date we detected the lack of conformity in the goods in question. We should keep a copy of the complaint letter and of any other correspondence we send the trader.

Together with the complaint letter we should include copies of any paperwork to support our complaint, such as the receipt or other proof of purchase.

If we do not hear from the trader within a reasonable period of time, or the trader rejects our claim for a remedy, then we can register a complaint with the Office for Consumer Affairs. Such complaints may be registered by visiting the Consumer Affairs Offices at Mizzi House, National Road, Blata l-Bajda on weekdays between 8.30am and 12.30pm. Consumers may also opt to write a letter addressed to the Director of Complaints, or fill in the online form found on the MCCAA website, www.mccaa.org.mt, or send an email at: fair.trading@mccaa.org.mt.

Once a consumer complaint is registered with the Authority, the case is evaluated and if it is legally justified and it falls within the remit of the MCCAA, the complaint will be assigned to a complaint handler to carry out mediation between the parties involved.

If even after mediation an amicable solution is not reached, then consumers may either withdraw the complaint or submit a claim before the Consumer Claims Tribunal.

Odette.vella@mccaa.org.mt

Ms Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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