The more products and services we buy, the higher the possibility of encountering problems.
No matter how careful we are when we shop, there is always a problem that might crop up. For instance, the product purchased may not function as promised by the trader, or it turns out to be defective. When this happens, we are usually left with no choice but to complain.
The basis of an effective complaint is information. Knowing what we are legally entitled to is the very first step to achieve the compensation or remedy we deserve.
Before requesting a specific solution to our problem, it would be better if we first verify whether our complaint is backed up legally and whether the compensation requested is justified or not.
For instance, if a recently purchased home appliance turns out to be faulty but can be repaired or replaced, it would be unreasonable to ask for a refund. The law, in fact, stipulates that only when both repair and replacement are inconvenient or not possible, may we ask for a refund of part of the price or revocation of the contract.
If, on the other hand, the product we would like to return is not faulty, but we just wish to exchange it with something else, we need to be aware that our request depends entirely on the shop’s customer care policies.
Before approaching the trader, we should get organised. It would be useful to gather in one file all the documents related to the problem and take them with us when making the complaint, such as the fiscal receipt, commercial guarantee, sales contract, manual, and any other document concerning the product.
We should also be prepared to explain what went wrong or what the problem is, and what solution we are expecting. To sustain our claim, we may also need to gather evidence about our complaint.
Timing is another important factor for an effective complaint. As soon as a problem crops up, the seller or trader should be approached. By law, the trader must be informed of the lack of conformity in writing within two months. Moreover, even though the overall limit to claim redress is two years from delivery, if we complain about a fault after six months, it is up to us to prove that the product was faulty at the time of purchase.
A complaint should first be made informally – this means giving the trader the first opportunity to solve the problem. Ideally, however, we should complain in person, as it is more effective than by phone. Once at the shop, it is advisable to speak to a decision-maker, someone who has the authority to provide us with the requested compensation.
At this point, our attitude is also fundamental. We should always be polite, keep calm, remember to state all the facts, make clear the remedy or compensation we want, and, most important of all, avoid threats.
If speaking to the trader is not sufficient to solve our problem, we should put our complaint in writing. Such letters should be clear and to the point and should clearly state what our 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. Together with the complaint letter, we should send copies, not originals, of any documents related to the complaint.
Being persistent is another trick to an effective complaint. We should not give up. Some traders try to ignore us, hoping we might stop complaining. But if we are sure we have the law on our side, we should not let a trader deter us. We should keep contacting the trader until we get an answer.
If direct contact with the company does not work to our satisfaction, we should then seek the help of the Consumer and Competition Department. Complaints can either be lodged personally by calling at the department’s offices or by calling Freephone 8007 4400.
Most cases are resolved through mediation by the department’s complaints officers. But if this proves unsuccessful, we can submit cases to the Consumer Claims Tribunal.
customer@timesofmalta.com, odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.