When something goes wrong with the product or service purchased, the first person we should speak to is the seller. Before doing so, we should make sure that we know what rights we have at law and hence confirm that our request for compensation is legally justified.

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 and be guided accordingly.

Before going to the seller, we need to collect all evidence we have related to the purchase. We will definitely require the proof of purchase and any other documentation that supports our claim.

Presenting evidence of the problem we are experiencing is also necessary to substantiate our request for a remedy. The evidence might, for instance, be the faulty good or a misleading advert. We should also be ready to explain what went wrong or what the problem is and what solution we are expecting.

The most effective way to complain is in person and to the right person. If the company we are dealing with has a complaints department, we can address our complaint to this department. If we do not get a satisfactory reply, we should then ask to speak to the manager or someone who has the authority to provide us with the remedy we are asking for.

Our attitude when complaining plays an important role. We should calmly explain the problem and avoid getting into an argument. We should also bear in mind that our problem may not be resolved there and then. The seller may need some time to verify the cause of the problem and then revert back to us.

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

If the trader tries to brush off responsibility by sending us to the agent or manufacturer, we should remember that legally the seller is responsible to provide us with a solution and not his supplier.

Usually, speaking to the trader is enough to solve the problem. If not, then we will need to put our complaint in writing. 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 detect 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.

Our written complaint should include a brief explanation of what happened since we noticed that there was something wrong with the product or service purchased; information on the date purchased; who we speak to and what the problem is. We should also give a clear description of the goods/services, so it is easily identifiable by the business.

We should also state what kind of solution we are expecting to resolve our complaint. Once written, we must make sure that our complaint letter is sent to the right person or department and we should send it by registered post so that we have proof of delivery.

If at this point our complaint remains unresolved, we will then need to file a complaint with the Office for Consumer Affairs within the MCCAA.

Once a consumer complaint is registered with the authority, the case is evaluated and if legally justified and 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 withdraw the complaint or submit a claim before the Consumer Claims Tribunal.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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