As a consumer, you may encounter various issues with the products or services that you buy. For instance, your new appliance may malfunction due to a fault, or you may experience delays with an order placed, or be supplied with shoddy work.
There are, in fact, countless problems that you may encounter, and you may not always know what rights you have and what to do in the different situations. Some consumers also feel overwhelmed at the prospect of having to submit a complaint against the trader.
The following are some steps to guide you on what you need to do when faced with a problem and how best to safeguard your consumer rights:
1) The first step is to communicate directly with the trader with whom you have the dispute. The trader must be clearly informed about the problem and should always be given the possibility to put things right. At this point, it is important that you know what kind of remedy or solution you are legally entitled to from the trader. If you are not sure what your legal rights are, seek the assistance of the Office for Consumer Affairs at the MCCAA for information and guidance.
2) It is important to remember that consumer law gives you the right to request a remedy only if there is something wrong with the goods or services purchased, not if you change your mind regarding the purchase, or if your circumstances change and you cannot proceed with the sale.
3) When complaining to the trader, you should present all the documentation related to the purchase and problem. One of these documents must be the proof of purchase, as this document proves where and when the problematic good or service was purchased. It also shows the value of the product, which is important if you are requesting a refund of the money paid. Other important documentation includes the commercial guarantee and the sales contract, where applicable.
While a complaint may first be made informally by speaking to the trader, if this does not result in an effective solution, then you should submit your complaint in writing- Odette Vella
4) A fundamental element for an effective complaint is your attitude. While you should be assertive when requesting a solution, you must, however, never be aggressive. In other words, you should politely inform the trader about the problems encountered and clearly request that you are provided with a satisfactory solution as soon as possible.
5) Furthermore, you should address your complaint to a person in authority. There is no point entering into an argument with a salesperson who has no authority to give you the remedy you are asking.
6) While a complaint may first be made informally by speaking to the trader, if this does not result in an effective solution, then you should submit your complaint in writing. This can either be through a registered letter, an e-mail with delivery notification, or any other form of written correspondence, which can be used as evidence that you have informed the trader about your complaint.
In your correspondence, you should clearly and concisely state what the problem is and what you expect the trader to do. You should also include your contact details so that the trader knows how to communicate with you. Traders should be given a few days to assess the claim and come up with a solution.
7) Where possible, you should collect evidence to back up your case. This could include receipts, promotional material, photos and other relevant documents. When you present any documents as proof, it is important that you never send the original documents but only copies. If you intend to ask for compensation of any additional costs incurred, you need to support your claims with the relevant receipts.
8) If after complaining to the trader no agreement is reached, then your next step is to register a formal complaint with the Office for Consumer Affairs. Once the complaint is registered, a conciliation process begins. During this conciliation, the officer handling the complaint communicates directly with the trader and tries to reach an amicable agreement.
The complaint handler’s role is limited to seeking conciliation, but its successful outcome often depends on the goodwill of the parties involved in the case. The conciliation process may take up to 15 working days but can be extended upon the consumer’s request. If the conciliation proves to be unsuccessful, you will then be offered the option of either withdrawing your claim or proceeding with it through the Consumer Claims Tribunal.