As consumers, we may encounter problems with goods or services we purchase. The goods may be defective, or the services may not be provided as or when agreed. If we are not well prepared to tackle these problems, we may panic and risk losing our legal rights.
Upon noticing a problem related to a purchase we have made, our first responsibility as a consumer is to communicate with the company or seller from where we bought the good or service. This communication may initially be made in an informal way, for instance, by calling or sending a message to the seller. During this communication, it is important that we clearly explain the problem and the solution we want.
Our attitude while complaining to the trader may determine how quickly the problem is solved. While we may feel angry that the product or service purchased is problematic, we should remember that being rude or aggressive with the seller will not get us a quicker solution.
In most cases, consumer problems are resolved instantly with no hassle or stress. There may, however, be instances where the seller needs some time to verify with his suppliers the cause of the problem. As long as the time taken by the trader is reasonable and does not cause us a significant inconvenience, the trader should be given the required time to evaluate our complaint.
In order to claim a legal remedy, we must first notify the trader in writing about the lack of conformity
If no agreement is reached after communicating with the trader, our next step is to check what our legal rights are. This can be done by communicating directly with the Office for Consumer Affairs for guidance on whether our complaint is justified and if the solution we are requesting is reasonable. Once we gather all the information, we will then need to make a formal complaint with the seller.
In line with the Consumer Affairs Act, in order to claim a legal remedy, we must first notify the trader in writing about the lack of conformity. This correspondence is best sent by registered post so that we have proof of receipt of our complaint.
Together with the letter of complaint, we need to send a copy of any relevant documentation related to the purchase, such as receipts, commercial guarantees and the contract of sale, if available. We should also make sure that our complaint is addressed to the right person, someone who can take decisions and provide us with the requested solution.
The written complaint should include the details of the product or service purchased, a brief description of the problem encountered, and how we want the problem solved. A time frame by when we expect the issue resolved should also be included in our complaint letter.
Traders should be given at least a week from the letter’s date to assess the claim and revert with a solution. If after the indicated time frame, we are not offered an acceptable solution, then our next step is to lodge a formal complaint with the Office for Consumer Affairs.
Once our complaint is registered with this office, it will be assigned to a complaint handler to carry out the conciliation process. All efforts will be made to settle the case in an amicable manner. If, however, the conciliation process proves unsuccessful, we can then proceed with our claim through the Consumer Claims Tribunal.
Odette Vella, Director, Information and Research Directorate