From time to time consumers experience problems with products or services purchased. Unfortunately, when this happens there are still quite a significant number of consumers who do not know what they need to do to lodge a complaint to be able to obtain the remedy they are entitled to. Furthermore, knowledge on how to lodge a complaint may help consumers avoid unnecessary conflict and lengthy disputes.

When faced with a problem, consumers have the responsibility to communicate with the seller informing them about the complaint. When verbal communication is not enough, consumers will need to follow up their complaint in writing.

The written complaint should be sent by registered post

If they claim a remedy under the Sale of Goods Regulations, the written complaint should be sent by registered post within two months from the date when the consumer detected the lack of conformity. In situations where consumers are not contacted by the trader to resolve the problem, the next step is to register a complaint with the Office for Consumer Affairs.

A complaint with this office may be lodged:

▪ online through the MCCAA website (www.mccaa. org.mt/en/online-complaints-form);

▪ through the KONSUMATUR Mobile App;

▪ via e-mail on info@mccaa.org.mt; and

▪ personally by visiting the authority’s offices at Mizzi House, National Road, Blata l-Bajda.

Once the complaint is registered the consumer will receive an acknowledgement with the date when the case was registered and also a reference number. Through this letter the consumer will also be informed that the Office for Consumer Affairs will be negotiating with the trader on his behalf so that an amicable agreement is reached. Consumers are also informed what they should expect within the following 15 working days while their complaint is being handled by the consumer office.

After five working days from the date of the complaint’s registration, the consumer will be contacted by the officer working on the complaint and will be provided with an update on the case. Another update will be provided after 10 working days. If, at this point, no agreement has been reached, the consumer will be made aware of the options available in case no amicable solution is achieved through the office’s intervention. In such a situation, the consumer has three options:

▪ to withdraw the complaint;

▪ to refer the case to the Consumer Claims Tribunal; or

▪ to request the Office for Consumer Affairs to continue trying to reach an amicable settlement.

The consumer will once again be informed about these options when the 15 working days elapse. If, on the other hand, an agreement is reached within the 15 working days, the consumer is informed in writing with the details of the agreement reached. Such a written confirmation is also sent to consumers when they decide to refer their case to the Consumer Claims Tribunal or withdraw their claim.

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

odette.vella@mccaa.org.mt