From time to time, consumers face problems with the goods or services they buy. For instance, products may turn out to be defective, or services may not be delivered as promised or within the agreed timeframe. These situations can be frustrating and overwhelming, especially if consumers do not know how to address them. Taking time to gather information on their legal consumer rights and what they need to do to resolve such disputes is essential to ensure consumers obtain the remedy they are legally entitled to.
When consumers notice an issue with a purchase, their first responsibility is to promptly reach out to the company or seller from whom the good or service was bought. This initial communication can be informal, such as making a phone call or sending a message. The key is to clearly and concisely describe the problem, specify the resolution the consumer wants, whether it is a repair, replacement, refund, or another appropriate remedy.
When uncertain about their legal rights, consumers can seek assistance from the Office for Consumer Affairs at the MCCAA. It is important to remember that consumer legislation entitles consumers to request a remedy only when there is something wrong with the goods or services purchased, such as defects, non-compliance with agreed terms or failure to meet quality standards.
Situations where consumers simply change their mind or when personal circumstances prevent them from proceeding with the purchase are not covered by consumer protection legislation. Knowing this distinction can help consumers manage their expectations and take appropriate action when problems arise.
Adopting a respectful attitude increases the chances of resolving the problem in a timely and satisfactory manner
The way consumers approach a trader when raising a complaint can significantly influence how effectively the issue is resolved. It is natural to feel frustrated or upset when a product or service is faulty or does not meet one’s expectations. However, it is important that consumers remain calm and civil during their interactions with the seller or service provider.
Being rude or aggressive is unlikely to resolve the dispute and may even create unnecessary tension. Instead, adopting a respectful attitude increases the chances of resolving the problem in a timely and satisfactory manner.
In most cases, disputes are resolved instantly with no hassle or stress. However, there may be situations where the seller requires some time to verify the cause of the problem, often involving communication with their suppliers or manufacturers. In such instances, it is important to be patient and allow the seller a reasonable time to assess the complaint.
When raising a complaint with a trader, consumers have the responsibility to submit all relevant documentation related to the purchase and the issue. A very important document is the proof of purchase, such as a receipt, invoice or transaction record. This serves as evidence of where and when the good or service was purchased and confirms the value of the product, which is especially important if consumers are seeking a refund. Other key documents include the commercial guarantee or the sales contract, if applicable. These documents can clarify the terms of the purchase and support the consumer’s claim.
If after complaining verbally the problem still remains unresolved, consumers will then need to escalate their dispute by submitting their complaint in writing. This can be done by any form of written correspondence that provides evidence that they have informed the trader about the problem and the remedy they are expecting.
In this written communication, consumers should ask for a reply in writing within a reasonable time, such as a week, and include their full contact details. If consumers are not offered an acceptable solution within this timeframe, then their next step is to register a formal complaint with the Office for Consumer Affairs at the MCCAA. The consumers’ complaint can either be registered online through the MCCAA website or they can personally visit the MCCAA offices at Mizzi House, National Road, Blata l-Bajda.
Once a complaint is registered with the authority, a complaint handler is assigned to carry out conciliation between the consumer and the trader in an effort to reach an amicable solution. Should the conciliation process fail, consumers will then have the option to escalate their claim to the Consumer Claims Tribunal.
Complaining can often feel challenging and stressful, but combining knowledge of one’s legal rights, patience and persistence can often result in a satisfactory outcome.
Odette Vella is director, Information and Research Directorate, MCCAA.