Even if we are careful when we shop for the best deals and thoroughly check all products for any visible defects, a problem can always crop up when we least expect it.
When this happens, we are left with no other option but to complain. Some of us may feel lost and would not know how to address their complaint to obtain the desired solution.
Here are some useful guidelines on how to file an effective complaint:
Information is the basis of a good and effective complaint. When faced with a problem, it is necessary we first obtain information on what we are legally entitled to.
In other words, we should gather information on the kind of solution the law entitles us to request. It is important we get this information before complaining to the trader.
If, for instance, we would like our money back, we must make sure we are legally entitled to make such a request.
In fact, the law stipulates that only when both repair and replacement would be very inconvenient or impossible, may we ask for a refund of part of the price or revocation of the contract. We should also bear in mind that if the product we would like to return is not faulty, but we wish to exchange it or return it, such a request depends on the shop’s exchange policies.
Before informing the trader about our complaint, it is also important that we organise ourselves. We should make sure we have all the documents and evidence related to the problem handy.
Proof of purchase is necessary as evidence, and also the price paid. We should be prepared to explain what went wrong or what the problem is, and what solution we would like to obtain.
If the product carried a commercial guarantee, the document of the guarantee should also be presented when we file our complaint.
Once prepared to face the trader, it is important we do not waste time and make our complaint as soon as possible. By law, the trader must be informed about the problem in writing within two months from the date the problem is discovered.
Moreover, even though the overall time limit to claim a legal remedy is two years from delivery of the product purchased, if we complain about a fault after six months of the date of purchase, it may then be up to us to prove that the product was faulty when we bought it.
The best and most effective way to complain is by turning up personally. Moreover, once at the shop, it is advisable to speak to someone who has the authority to provide us with the requested solution.
Our attitude should be assertive but polite. We should explain clearly what the problem is and what kind of remedy or compensation we are expecting. If talking to the trader is not enough to resolve a problem, the next step is to put our complaint in writing. When sending a letter to the trader, this should be sent within two months from discovery of defect or if not compliant with the contract.
The letter should be clear and to the point and should clearly state what the problem is and what we want the trader to do. We should also include our details so that the trader knows where to contact us.
The letter should conclude with a clear request for a reply by a certain date. Together with the letter we should send copies, not originals, of any documents relating to the complaint. The letter should be sent by registered post with an AR form to confirm delivery.
Should the trader refuse our request for redress or ignore our complaint, we should then seek the help of the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
Complaints can be filed personally by visiting the authority’s offices or by calling Freephone 8007 4400.
Most cases are resolved through mediation by the authority’s complaints officers. However, if mediation proves unsuccessful, we can submit our case to the Consumer Claims Tribunal.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.