Mark Bridge
2 for 1 tickets to Casablanca, this coming Monday
Complaining to a company should be straightforward. But research from the National Consumer Council indicates that one in two of us considers it too much hassle. Here is Times Money’s quick guide.
It is important that you remain – or, at least, appear – calm throughout the process and keep a record of all communications. For tailored advice, call Consumer Direct on 08454 04 05 06.
1 Know your rights
Complaints are best made with confidence – “I am entitled to…”, not “I think I am entitled to…”.
Therefore it is critical that you understand your “statutory rights”. These are contained in the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (among other legislation) and state that goods should be “of satisfactory quality", "fit for purpose" and “as described”, while work carried out by a tradesman or service provider should be done “with reasonable care“, “in a reasonable time“ and “at a reasonable charge“.
If these conditions are not met, you are entitled to a refund – from the retailer, rather than manufacturer in the case of goods – within a “reasonable time”, then to reduced compensation for six years from purchase. What is “reasonable” varies, but can be as little as a few days.
2 Act fast
Therefore, it is best to report any problem as soon as possible. In the first instance, this means a relatively casual approach – a phone call email to customer services or a face-to-face chat with a tradesman or a shop manager. Explain the situation and ask for a refund or - if you prefer - replacement or repair.
3 Put it in writing
If you do not get an immediate result, write a letter. This should be addressed to a name – typically the customer service manager – not "Sir/Madam". It should explain the problem and include specifics. such as details of the product or service, date of purchase and names of staff dealt with. State what evidence you have – a receipt or photos of a botched job, perhaps – but do not send originals. Then state that you are entitled to a refund under consumer law, would like one, and expect to hear back within a set time. Fourteen days is good. Your letter should be typed, where possible, and sent by recorded delivery.
4 Escalate
Still no luck? Contact the relevant trade association or regulatory body. These are listed, with other useful information at howtocomplain.com. Staff may take the matter up or – in the case of Ofcom, for example – direct you to a “dispute resolution service“. In some cases, the complaint may be referred to an ombudsman.
5 Get help
Next contact your local Trading Standards Office or Citizens’ Advice for free help and advice.
6 Take action
If all else fails, threaten then initiate legal action. Community Legal Advice and Citizens Advice can give free help.
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In addition to the statutes quoted there are some really useful regulations:
Unfair Terms in Consumer Contracts Regulations 1999;
Consumer Protection (Distance Selling) Regulations 2000;
The Sale and Supply of Goods to Consumers Regulations 2002;
The first I found useful recently when arguing against the "restocking charge" of 20% that I hadn't been told about, even though the supplier twice supplied an incorrect shower base. I returned the whole thing which was otherwise in good working order, sourced it elsewhere (cheaper) and got all my money back. These Regulations can definitely give you the upper hand - should be compulsory reading. Also note that no legislation refers to a one year guarantee - it is what is reasonable in the circumstances up to six year in contract law, and time runs from delivery.
Denise, Colchester,
Maybe someone should have told this to the protesters who, armed with nothing more than beards and banners, somehow managed to break, hack and steal their way to the roof of parliment..
it would certainly save them a rather uncomfortable night with a man called "Moose" who is well impressed with his new 'friends'...
Phil, Winchester,