How to Complain:
The Essential Consumer Guide to Getting Refunds, Redress and Results!
The Complaining Cow
www.thecomplainingcow.co.uk
Second Edition 2014 published by The Complaining Cow
The right of the author to be identified as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher.
Although the author and publisher have made every effort to ensure that the information in this book was correct at going to press, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. If professional advice or other expert assistance is required, the services of a competent professional should be sought.
ISBN 978-0-9930704-0-2
Copyright © Helen Dewdney
The Complaining Cow
Trademark of Helen Dewdney
www.thecomplainingcow.co.uk
1 INTRODUCTION
2 HOW TO USE THIS BOOK
3 WHAT TYPE OF COMPLAINER ARE YOU?
4 ENSURING YOUR COMPLAINTS ARE EFFECTIVE
Why People Fail in Gaining Redress
Common Fob Offs!
Using social media
5 CONSUMER RIGHTS
6 BUYING GOODS
Common fob offs
Mail order and online purchases
Buying counterfeit items
Bespoke items
Furniture
Collection of items
Delivery
7 FINANCE
Banks & building societies
Account administration
Bank unauthorised transactions
Direct Debit Guarantee
PayPal
Credit cards
Credit card unauthorised transactions
Chargeback
Financial Ombudsman
Pensions
Pension Ombudsman
Payment Protection Insurance
HMRC
The Parliamentary and Health Service Ombudsman
8 UTILITIES
Energy
Ofgem Standards of Conduct
Quality of Service Guaranteed Standards
Electricity and gas meters
Switching energy
Energy Ombudsman
Water
9 VEHICLES
New Cars
Second hand cars
Clocking
Garage Servicing
10 RESTAURANTS, HOTELS, PUBS and CAFES
Bookings
Food poisoning
Water
11 INSURANCE
Comparison websites
Contents Insurance
Buildings Insurance
Holiday Insurance
Vehicle insurance
Private health insurance
12 HOLIDAYS AND FLIGHTS
Booking a package holiday a real complaint example
Travel money
Denied Boarding Regulations
Denied boarding or “bumped” from a flight compensation
Flight cancelled 7-14 days before departure compensation
Flight cancelled less than 7 days before departure compensation
Accommodation booked separately
Timeshare
Luggage
Holiday Insurance
Rail travel in Europe
13 EBAY
Seller
Buyer
Fake items
14 POST OFFICE/ROYAL MAIL
Post Office
Royal Mail
Junk mail
15 PUBLIC TRANSPORT
Trains
Eurostar
Rail in Europe
Buses
16 COMMUNICATIONS
Broadband
Router
Speed and interruption to service
Mobile ‘phones
Mis-sold contracts
Mobile ‘phone price hikes
Ombudsman Services/CISAS
Nuisance calls
Spam emails/texts
17 HOME IMPROVEMENTS
Builders
Painters/decorators
Architects
Surveyors
Glaziers
18 PROPERTY
Estate agents
Surveyors
New houses
Renting
19 OTHER SERVICES
Hairdressers and beauty therapists
Supply/delivery and fitting of items
Service bookings
Removal services
Dry cleaners and launderettes
Florists
20 COUNCIL PARKING TICKETS
Reasons for appealing a council parking ticket
Reasons for appealing a parking ticket using mitigating circumstances
When your appeal is not upheld
Clamped or towed
Private Land
21 NEIGHBOURS
Noisy neighbours
Neighbourhood noise
Overhanging branches
Dangerous trees
Roots
Hedges
Children
Parking
22 FREEDOM OF INFORMATION REQUESTS
23 LOCAL AUTHORITIES
24 HEALTH
Parliamentary and Health Service Ombudsman
Organisations which can help with complaints
Care Quality Commission
Dentists
Opticians
25 SMALL CLAIMS COURT
What to consider before using the Small Claims Court
Fees
Process
Tips for preparing and being in, court
26 SCOTLAND AND NORTHERN IRELAND
USEFUL CONTACTS
INDEX, CONSUMER RIGHTS, LIST OF REAL EXAMPLES, LIST OF TEMPLATES
ACKNOWLEDGEMENTS
ABOUT THE AUTHOR
This book is dedicated to my father John Dewdney who along with my mother brought me up to be principled. Without this grounding I would never have developed such a passion for complaining for the principle of the thing. He never quite finished his book on philosophy. I hope he would have been proud of mine.
Also to my son Oliver, the Complaining Calf who appears to be a chip off the old block!
The Complaining Cow
I am The Complaining Cow and I complain effectively. I’ve been complaining effectively for over 30 years. When I was about 12 years old, I started a school magazine. I got a couple of friends together and we sold each copy for 10p. Then something annoyed me. The boys and girls were put together for P.E. and we only did “boys’ games”. I had no problem with playing what were considered then to be “boys’ games” (aside from hating all sports of course!) My issue was that we never played netball - the only game I was actually good at. I played Goal Attack – I’m sure I liked that position because it had the word “Attack” in it! Anyway I digress… I mentioned this to my father who casually said “I wonder what the Sex Discrimination Act would say about that…” So did I and through the magazine I decided to ask the whole school if they did. The result? I got stopped from producing the magazine. Staff it appeared did not want the pupils or perhaps their parents to wonder about this question. However, the following week the discrimination (as I perceived it) stopped and we played netball.
Now of course, I would write an article about equality, varied curriculum, anti discriminatory practice, etc. etc. But of course it wouldn’t be happening, the equivalent now might be not letting the girls play football? Back in the 80’s I think it was poor planning and laziness - perhaps the head teacher wasn’t aware that the staff were putting everyone together every week? Who knows? But what I do know, is that though most of the pupils were moaning about it at the time no-one did anything about it. So I did. That was the difference. It was the principle of the thing. It gave me my first lesson in censorship, stopped my tiny earnings, got me into trouble and was probably the first of the many times that my name came up in the staff room. But most importantly it made a change. Remember that this was long before the concept of School Councils where such issues would now easily be discussed by pupils with staff. That was the start of my passion for effecting change.
As a teenager I wrote to Jackie magazine talking about an organisation that raised funds for alternatives to experimenting on animals and got my letter printed. They didn’t pay up so I had to write and complain. At college I wrote to Nursery World informing them that “100’s of jobs” was grammatically incorrect twice over. No-one responded but they did change the fortnightly cover.
So, I pinpoint my censorship episode as the time I decided that if I was going to complain I was going to be effective. Principle of the thing, if it was wrong it should be brought to the Powers That Be’s attention regardless of the names I got/get called for doing it. This has probably been the driving force in my life, fighting for the rights of children and young people, fighting the systems in local government (as employee and resident) and fighting for better customer service. All boils down to the same thing, sometimes changes have to be made, it is the “Principle of the Thing”.
As I grew out of childhood and spent my own money I applied my “Principle of the Thing” mantra to goods and services when things weren’t up to scratch.
I will complain about any amount. Not because I’m a serial or extreme complainer. 40p? Really you ask? Yes really. Wrongly charged. Principle! I complained about 40p. Yes I did, and here’s why. I completed an online shopping order. All seemed fine. When I received my order with receipt, I checked it against the items. Oddly there was an additional item. This item was called “Department Sale”. What sort of vegetable is that you ask as well you might and so did I! I asked what this item was and apparently I had had two of them! Two lots of 20ps totalling 40p. So I was curious and as you know if you read my blog regularly, it’s a matter of principle! After asking about these charges this is how the email exchange panned out:
Supermarket: If you order an item that isn’t on the online product database, we’re unable to scan the item through the home shopping system at your local store. So, to make sure that we don’t overcharge you for the product, we charge it at a heavily reduced price. This will show on your delivery paperwork as a 10p charge for example. I hope this has explained why we do this and thank you for taking the time to ask us about this.
Me: But what is the item?!!
Supermarket: I am sorry that there has been such confusion over this issue and for the inconvenience being caused. Could you advise me of where this charge is shown on your order, and how much it is? I may be able to trace the product for you.
Me: You have had this information in the initial complaint. See attached please
Supermarket: I am sorry but I have been unable to trace the exact goods that the charge relates to. However I have refunded the 40p back to your account and this will appear in 3 to 5 days. Thank you for your patience in this matter.
Me: So what you are saying is that there was no reason for this charge? I wonder how many other orders you put this charge on?
Supermarket: Not at all! There was a reason for the charge as has been explained in previous emails. The problem is that without seeing what goods were physically delivered and then going through the delivery document to deduce which goods the charge was used for, it is impossible to say exactly what the charge was applied to.
Me: How can you order something online for an online order that isn’t on the database?
Supermarket: Very easily when you start to understand that the online business and the store are different. An example would be where you might order apples online, but the store offer a regional variety of that apple which is not stored on our database. So to enable us to pick apples for you, we would have to mark it as a Department Sale to add it onto the order.
Me: I didn’t order anything that I’ve not ordered before and I’ve never had that remark on a receipt and I had nothing additional delivered. Very dubious.
So for me, I wonder how many people are charged 40p and don’t complain? It drives up fat cat profits and if more people complained these things would happen less often.
I often shared my complaints with friends and family on Facebook and from there people encouraged me to write a blog and from there I’ve provided help and advice through Facebook, Twitter and YouTube as well as the blog www.thecomplainingcow.co.uk. And then there was great cry for a book! So here it – is the ultimate guide to complaining effectively and gaining redress.
I often get asked what I do to ensure that I gain redress each time I complain. It isn’t always with the first email and sometimes not even the second. But one thing is for sure, I’ve certainly gained redress by the time I’ve finished!
Complaining effectively isn’t rocket science and you do not need to be a lawyer but nor is it simple. Many factors come into play. Through this guide I will provide tips, examples or real cases where I have complained for myself or on behalf of someone else. I offer templates and advice on what to do when you need to take further action.
In the following chapters you will find out about the different types of complainers, tips on how to complain effectively, common ways that consumers are fobbed off, the use of social media in complaining and an outline of the consumer laws that you may need.
I recommend emailing your complaints for speed, reliability and to keep a record of what has been said. Should you not be satisfied with the response you receive to your complaint I also include details on how you can take the matter further (to the relevant ombudsman for example).
This book is a guide to complaining to a variety of sectors. These sectors are in chapters and each chapter covers which laws protect you for particular goods and services and provides templates. In these templates I have used “xx” or a few more “xxx”s and/or bold for those parts which you will need to fill in relating to your particular case. Italics show where you need to delete one or more word/s.
If you use the templates then you will need to add the person’s/company’s name and address to the left and yours and the date to the right. Templates end with “sincerely/ faithfully so delete as appropriate. (Sincerely when you know the person’s name and faithfully when using Sir/Madam). Then sign your name and type your name underneath. If you email just put your name with a scanned signature if you have one. “Attachments” for email but “enclosures” for letters and list the enclosures after your name at the bottom of the letter.
Templates usually end in a standard format. “Should I not be fully satisfied with your response I will not hesitate in taking the matter further. This will include but not be limited to….” You may want to add relevant social media, Internet forums, review sites and consumer programmes.
I always state that I expect a reply within 7 days unless there are specific codes to follow. However, many consumer advice people will advise 14. I don’t think there is any hard and fast rule, I’m just harsh and impatient. I’ve never had anyone come back and say I should have said 14, I just don’t see the point in giving them more time. Traders may come back within 7 days and say that they are investigating the matter and will be in contact in x number of days. That is acceptable to me. If they don’t get back in contact when they say they will or don’t give me a date then that is not acceptable. In the latter case they will be given a maximum of 10 days and so far it has worked for me.
In some sections I have also provided stories and/or breakdowns of correspondence where I have complained in similar circumstances. These won’t necessarily work as templates but do show you how effective complaints work. They also serve to show how much time is sometimes required.
There is also a section on the Small Claims Court process should your complaint need to reach this stage.
This book is for reference, it isn’t a novel! So an index has been provided at the end for ease of finding out about the complaint you want. Also at the back of the book is a list of useful addresses including website addresses for taking the matter further.
I believe that there are many types of complainers. Whatever type you are, this book will help you become more effective in your complaining.
The Professional Complainer
This title annoys me. A lot. I often get asked if I am a professional complainer. It is an utterly ridiculous term. I haven’t trained to be a complainer. I haven’t got any qualifications in complaining and I don’t do it as a job - although I do now take up people’s complaints for them when all else has failed and they need some help. I see this as providing consultancy advice and not what people mean when they ask “Are you a Professional Complainer?” No-one is a professional complainer. It is insulting to those with a profession.
The Serial Complainer
I often get asked if I am this kind of a complainer too. I think this term is best suited to people who complain continually to the same company. Frequently they have been offered some redress but they keep on spending a disproportionate amount of time on complaints. They ‘phone the company, send emails, send letters and never give up - often over trivial matters.
The Extreme Complainer
Similar to the Serial Complainer, this person complains when the time spent is not comparable with the possible redress gained. S/he will complain about anything and everything sometimes with an end in mind but usually just for the sake of it and not because they feel genuinely aggrieved. There’s a difference between complaining about the principle of some rotten apples for £1 and complaining about the assistant who annoyingly asks “Can I help you?” and hangs around when you just want to browse. That’s subjective and annoys the heck out of me and I’ll moan about it but I won’t complain to anyone to gain redress!
The Dishonest Complainer
Serial and extreme complainers probably give a bad name to people who complain effectively and regularly with good reason. In addition to wasting their own time they often waste customer services’ staff time which could be better spent with reasonable complainers. But the Dishonest Complainers are in a league of their own. They make up stories and complaints, putting hairs in meals for example, just to gain freebies.
The Opportunist Complainer
Similarities with The Dishonest Complainer. The Opportunist Complainers look for opportunities to complain and gain something to which they are usually not entitled, often keeping on at customer services until they are paid to “go away”.
The Rude Complainer
This type of complainer can often be ineffective, serial and/or extreme. Swearing and shouting at staff and/or writing abusive letters/emails rightly rarely gains redress.
The Amusing Complainer
These complainers are a little bit different. Really good Amusing Complainers have gained media coverage for their complaints, such as the Sons of Maxwell’s “United Breaks Guitars” song that went viral. (See it on YouTube) and the hilarious letter written to Richard Branson regarding the food on a Virgin flight. Amusing Complainers don’t always need to know their legal rights if their correspondence is entertaining enough and the receiver has a sense of humour. This complaining style is usually effective but sometimes humour doesn’t gain redress and to ensure that, they will need to become an effective complainer.
The Innovative Complainer
These are to be admired I have to say. Being innovative will usually work. Often the Amusing Complainer falls into this category but to be truly innovative the quality needs to be more than just enough to make friends and family smile. My cousin ‘phoned up a toy manufacturer’s CEO’s secretary and pretended to be from the BBC in order to gain access to the CEO. She was put through to him directly and went through her complaint. It can’t be done with every complaint but when a complainer is innovative the response is usually good.
The Ineffective Complainer
This person tries. Not assertive, not knowing their legal rights, ineffective complainers try to get refunds but rarely get them. They get fobbed off when they try and complain. The Ineffective Complainer may vent a tweet or a post on a Facebook page but not follow it up to gain redress.
The Effective Complainer
In order always to gain redress one needs to be an effective complainer. The Effective Complainers know their legal rights, assert them politely and will not be fobbed off - when the company they paid tries to blame the manufacturer or delivery company for example.
Follow these guidelines and you’ll never be palmed off again with excuses, contravention of laws and no refunds. Feel empowered and get complaining effectively.
Act quickly
Don’t waste weeks moaning, complain that day but remember to ensure you are calm if complaining in person or on the ‘phone! So, although I say act quickly, don’t act immediately if you are still really annoyed with someone, or something, that has happened and the company is at fault. Wait to write or ‘phone until you are calmer but don’t leave it so long you forget the facts.
What do you want?
Before you make contact, work out what you are entitled to and what you want. These may be two different things too! Say what you expect as recompense. Is it an apology, a refund, something for inconvenience or compensation? Be reasonable but assertive. Be prepared to come to an agreement. Generally speaking if you accept an offer of compensation it will mean that you cannot ask for more later on.
Telephoning
Use the telephone if you are comfortable doing this. Some people prefer this, finding it easier. But I rarely ring and always refuse if a ‘phone call is offered. This is because I get heated (raise your voice and you’ve lost!), there is no record for future use, no proof of what was said and you’ll forget something. Emails/letters provide time to reflect, ensure you don’t forget anything and provide you with a record of correspondence which cannot be denied. If you do ‘phone ensure that you get the full name of the person with whom you are talking, making a note of date, time and details of the conversation during the call. Always follow up in writing unless the ‘phone call resolves the problem. Get the name of the person to whom you should address the complaint to reduce the likelihood of your letter being passed around.
Validity
Ensure your grievance is valid. Don’t waste your time sending pointless correspondence with little weight - it won’t get you anywhere. They need to know that you are serious. You don’t want to be seen as an Extreme, Serial or Opportunist Complainer.
Company procedures
Be mindful of company procedures regarding complaints such as insurance claims, to ensure that you remain entitled to compensation. Certain companies such as suppliers of energy have their own procedures and you must follow these or risk delays in dealing with your complaint. Following two stages of internal complaint procedures for example before writing to the ombudsman. The ombudsman is likely to see in the company’s favour if you have not followed procedure for correctly notifying it of your issues.
Initial complaint
Try to sort things out through Customer Services/the Manager first. If you are still not happy, then go to the CEO. You have more reason to go to the top if you have a complaint which has already been poorly dealt with than if you go straight there. Look up www.ceoemail.com for contact details for CEOs.
Correspondence
The easiest way to complain is by email and you can select “send a delivery receipt”. However, if you write a letter, particularly if you need to post evidence which can’t be emailed, ensure that you send the letter recorded delivery.
Good English
Use good English! PLEASE! Poor grammar and spelling show you in as poor a light as the company to which you are complaining. You also won’t be taken seriously and anything you have to say will be taken with a pinch of salt if you can’t get your own house in order! The complaint handler may also make judgments about you if you can’t write well and then you are unlikely to be able to take the matter further, to court for example. Ask for help from friends or family if necessary to help compose a letter.
Be formal. Use “Yours sincerely” when you know the person’s name and “Yours faithfully” when Dear Sir or Madam. No “love from”s - I’ve seen it!
Be polite
Remember that the people you are dealing with are usually not the people who have annoyed you and they are more likely to respond positively if you are polite. I am tempted to be sarcastic in nearly every letter I send but rarely does the complaint warrant it. Only use it after careful consideration and if it adds some humour. Never ever swear! Be rude and they can understandably refuse to deal with you. When the ‘phone goes dead and you think the call centre person has hung up on you they probably have if you were shouting at them. If you ask for the recording of the call to be listened to by a senior member of staff and expect the call centre member of staff to be reprimanded think again. (Unless of course you weren’t rude and they were in the wrong!)
Be objective
Don’t accuse and insult with phrases such as “…she was stupid,” use words and phrases like “…it appeared to me that…” Do however state facts. Don’t make personal remarks about staff, they serve only to distract attention from the actual complaint.
Describe events
Bullet points are useful and make it very clear, especially when dates are involved. The easier you make it for the reader the easier it will be for them to resolve the matter for you. Be succinct.
If the complaint is long, summarise the points (e.g. 10 phone calls, 2 visits, 2 letters, wrong information etc.) Stick to the facts.
Deadline
Set a deadline for when you expect to hear back and let them know what you will be doing if you don’t receive a satisfactory response. For letters/emails I believe 7 working days to be adequate. A longer deadline is needed sometimes. For instance if you are seeking repairs to your house. Keep to those deadlines yourself in any follow up. Be aware of deadlines in some companies’ complaints procedures.
Legal rights
Exercise your legal rights and use the relevant laws and legal jargon wherever possible. Showing that you know and use your legal rights appropriately means that you will always be taken seriously. Make sure you use the correct years and phrases. All the ones you may need are in this book. Quote them.
Reference numbers
Use reference numbers where appropriate. Make it easy for them to find your case by quoting booking references for example.
Evidence
Collect all the evidence you might need, such as invoices, receipts, adverts, witness statements etc. Keep copies of everything; you may need them if you have to take the matter further (Senior Management, Small Claims Court etc.)
Send copies where appropriate. For example, if a faulty washing machine has destroyed some clothes, send pictures of the clothes. As well as the refund on the washing machine you are entitled to compensation for the clothes.
Always try and obtain the name(s) of anyone you are complaining about, who gave you advice, wrote to you etc. and use these names in any correspondence.
Loyalty
Point out what a good customer you are and how, for example, you have always found the company to be really good in the past. This shows that you are a frequent customer so they are less likely to risk losing you.
Amounts
Some people advise suggesting a suitable amount for compensation/redress if you feel confident in doing this - and can back up your reasoning. However, I personally hate doing this because I always feel that I’ll go in for the wrong amount. Usually a company offers more than I think and if a company offers much less than I think the complaint warrants then I will respond with my reasoning. A safer option I feel.
Don’t apologise
Never ever apologise for complaining! If your complaint is valid then you are owed something and the company should thank you for bringing it to their attention so that they can improve service for all customers.
Taking things further
Inform them that if you are not happy you will take the matter further using the relevant people and organisations e.g. Financial Ombudsman, Trading Standards, Small Claims Court, the company’s own complaints procedure, the media, review sites - even The Complaining Cow’s Blog! You really only want to threaten if you are sure that it will have the desired effect and you are prepared to spend the time and effort taking it further (Small Claims Court for example).
If in your first correspondence to customer services you have indicated that you will take the matter further and you do remain dissatisfied, be persistent and go back and complain again, explaining why you remain unhappy. Go to the CEO explaining why and that you trust s/he will agree and resolve the matter speedily. If they don’t, carry out the threat to go to the ombudsman, Small Claims Court etc. and don’t be afraid of doing so.
Negotiating
When negotiating amounts write “Without Prejudice” on your correspondence, this means that they cannot be used in court. Ensure that you don’t put this on your other correspondence. Whilst you have legal rights, you also have a legal obligation to keep your claim reasonable.
Agreements
Ensure you keep to your end of any agreement. After agreeing to post an item back for example, and being paid to do so, do not then say at a later point that you think it would be better just to dispose of it.
Accepting repairs
If you accept a repair ensure that you state you are reserving your rights under the Sale of Goods Act. This means that you can still claim full redress if the repair does not work or you are charged for it.
Returns
You are not obliged to take faulty items back to the retailer. You are legally entitled to request collection of the goods from you which you should arrange after receiving the full refund.
Why People Fail in Gaining Redress
You get poor service at the restaurant and don’t complain. In my How, When and Why Do You Complain? survey in July 2014 (see www.thecomplainingcow.co.uk for full results) I posed the question “If you usually don’t complain is it because…” 59% of respondents gave reasons for not complaining and only 41% said that they always complained. However, complaining is on the increase and my figures fit in with The Ombudsman’s 2014 report on complaining which suggests that 38 million customers complained in 2013 (48%). But 40 million more complaints went unaddressed as people stayed quiet. (52%)
But what if you do complain but you don’t gain redress? You buy an item that’s faulty but you don’t get a refund. Why? What’s going wrong? The most likely reasons are detailed below:
1) Your expectations are too low. You think that the item was cheap so what do you expect? You think the meal you had at that place last time was bad so you aren’t surprised when it is again. If a kettle was bought to boil water it should boil water. Simple! If you buy a meal it should be made with reasonable skill and care. If you had a bad meal there last time you should have complained and maybe things would have improved!
2) You don’t know your legal rights. The main ones you need to know are The Sale of Goods Act 1979 (amended to the Sale and Supply of Goods Act 1994) and The Supply of Goods and Services Act 1982. Items should be of satisfactory quality, be fit for purpose, be as described and last a reasonable length of time. Your contract is always with the company that sold you the item. Services should be undertaken with reasonable skill and care and within a reasonable length of time.
In the survey mentioned above, only 7% said they knew their legal rights well and used them regularly. 5% know the basics of the Sale of Goods Act and Supply of Goods and Services Act. A further 33% will check out their rights before complaining, so assuming that they won’t always do that for various reasons, we know that fewer than 45% of people use their legal rights. So 7 + 5 + 33 = the 45% but I believe that is lower as some of the 33% won’t always check out their legal rights.
3) You think it will take too much time and effort. In the survey mentioned above, 46% of respondents said that when they don’t complain it is because it takes too much effort or going back to the shop arguing about refunds takes too much time. Well, if you know your legal rights you won’t be arguing you’ll be assertive. And if you still don’t gain redress you can take the matter further by which time you will be asking for more than a refund.
4) You shout at people on the ‘phone or in person. Would you give me what I wanted if I yelled at you? Think, be polite, particularly as often the person or people at fault aren’t usually the people to whom you complain.
5) You’ve gone back to the wrong shop or rung your home ‘phone provider instead of the mobile ‘phone provider. Yes I have heard examples from both consumers and retailers. Check your facts first.
6) You think that because you have lost the receipt you can’t get your money back. Wrong. You just need proof of purchase such as a credit card bill.
7) You don’t like complaining and aren’t assertive. Fair enough, but seriously? You’d rather be out of pocket? If you are in the right you have nothing to worry about!
8) You are complaining about something trivial or you aren’t out of pocket. There is a difference between complaining about 99p for a foul cup of coffee because it is the principle of the thing and complaining that you don’t like the colour of the carpet in the cafe.
9) You are being dishonest and seriously exaggerating the fault or the inconvenience. Do this and you will usually be seen through and get less than if you had just been honest in the first place.
Common Fob Offs!
Many companies and individuals will try and fob you off in order not to give you a refund or redress. With 46% of consumers saying that they think it is too much effort to complain it isn’t difficult for companies to put many people off as soon as they start to complain. Below are some common fob offs of which you should be aware and know how to deal with.
“We do not give refunds” signs like this are illegal and you can report them to Trading Standards. Traders do not have to give you a refund if you have simply changed your mind about a purchase or the jumper didn’t fit for example, but if the item is faulty you are legally entitled to a full refund (unless the fault was pointed out at time of purchase), until the time that you are deemed to have “accepted” the goods. Once the goods have been in your possession beyond a few weeks you are deemed to have accepted the goods.
“You/we will send it back to the manufacturer” Your contract is always with whoever received your money. If you buy a kettle from store A which was made by company B and that kettle stops working you are entitled to the repair, refund or replacement from company A.
“You will need to contact the delivery firm” That kettle you bought from store A was delivered to your house and the delivery driver dropped it, or left it on the doorstep and it was stolen. Store A is wrong to tell you to contact the delivery firm. Your contract is with store A and you claim your refund from it. It can claim from the delivery firm!
“You should have taken out a warranty” Warranties are rarely worth the paper they are written on in my opinion! Items should last a reasonable length of time, a washing machine should last more than 6 months so it is wholly irrelevant whether you have taken out a warranty.
“We don’t take back items bought in the sale” unless the fault was pointed out at time of purchase (and therefore contributed to the sale price) your legal rights remain the same as if the item was sold at full price.
“You caused the fault” As a general rule of thumb, if an item breaks up to 6 months from purchase then it is up to the trader to prove that the fault was caused by you and was not there at time of purchase and therefore you are legally entitled to the full refund, repair or replacement.
“You don’t have the receipt so we can’t give a refund” the law states proof of purchase so this could be a credit card bill, easier to find online now than an old receipt.
“It is over 6 months so we do not need to give a refund” as a general rule this is correct but if you can still prove that the fault was there at point of purchase and/or the item has not lasted ‘a reasonable length of time’ then you can and should get a full refund or at the very least a free repair.
Using social media
There have been some great complaints on social media. David Caroll’s United Airlines video and the man who paid for tweets to complain about BA losing his luggage (that worked out a penny a tweet though so why would you?) But these go viral because they provide something different not because the company has responded well to a complaint.
Remember O2 problems in 2012 with outage and thousands of people resorting to Twitter to complain? O2’s response was good humoured and worked really well. Making jokes about their bad days and responding to everyone turned a potential PR disaster into a positive one showing how constructively they deal with complaints. That was in 2012, most companies have a long way to go in dealing with complaints generally as well as on social media. Some companies have even been known to delete complaints on their Facebook page. Short-sighted given that the person who has had their tweet deleted will post on their own page and get it shared, post on Twitter and get retweeted etc. Far better to engage properly. Mistakes happen and complaints arise, it is how they are dealt with that is important.
So, complaining on social media - does it work? Paul Lewis (the freelance financial journalist who often appears on the BBC Money Box programme amongst others) in early 2014 asked how effective Twitter was for complaining. The responses to Paul’s tweet were interesting. Many people said it was quicker than ‘phoning though they were still having to email the issues in many cases. Others said that it was good for shaming. Others said it was good for getting a response but once into DMs (direct message) and emails it dropped off again. (This is one of the reasons I ended up taking Tesco to court. My last shot was to engage the social media team but they were still unable to help.) No-one had had any really complicated problem sorted but a few did get their issues addressed once the social media team got involved. It has been known for people to copy me into a tweet and have their issues resolved! That makes me laugh but people really shouldn’t have to do that.
I tweet to the likes of Tesco, Marks and Spencer and Sainsbury’s and gain redress. Now that’s where I love Twitter for complaining. A quick picture of damaged or faulty goods and a tweet and bingo, done. Tweet back asking for order details a DM and refund made. Perfect, probably takes slightly less time to do than an email and emails can take a long time to get a response. It also saves going to the shop to take something back.
So that’s an example of social media working well. Basically where it is quick and simple it works really well. However for anything more than something that can be sorted quickly, how can 140 characters possibly work? When I had a problem ordering stuff from The Body Shop, I tweeted the problem and their delay in responding to it. They were overwhelmed by emails tweets and FB messages with the same complaint and it didn’t make any difference to the standard responses they were giving people. Nor did any issues get resolved. My detailed complaint to the CEO did get results though….!
In the How, When and Why Do You Complain? survey respondents were asked about using social media when complaining.
Remember the line “Receive good service tell 1, receive poor service tell 10”? Not anymore.
Fewer than 2% of people tell no-one.
49% tell 1 - 10 people
11% tell 10 - 20 and now
38% tell hundreds and sometimes thousands of people due to social media.
So companies should be warned! It is wholly irrelevant how many complaints they actually receive! 60% say they don’t always complain but look how many people they are telling
68% of respondents use social media to complain.
37% of those find it effective sometimes
16% find it always effective
12% find it is never effective
Clearly social media is on the rise.
Generally speaking, (and obviously I see a lot of complaining!) the responses to Paul’s tweet confirmed what I see; get told; advise on as well as my own experience. Social media is another tool, nothing more and nothing less. It is another means by which you can complain. It has a place and I use it. It is quick but some companies are better than others at dealing with the complaints. This usually comes down to training in communication, processes etc. and whether staff have been adequately equipped with knowledge and are empowered. But it is still a mixed bag out there as to who is good and who isn’t.
Knowing your consumer rights undoubtedly puts you in an extremely strong position when you are complaining. It is hard for a company to argue with you if you clearly know your rights and ultimately can threaten to take it to the Small Claims Court!
There have been many changes to consumer law in the last ten years, some of them reflecting the digital age that we live in.
Cheques Act 1992
Very few people write cheques these days! However, just in case you do write/ receive cheques you should be aware that most are crossed a/c payee. This Act gives statutory power to the “a/c payee” crossing when it is used. A cheque which bears the “a/c payee” crossing can only be paid into an account in the name of the beneficiary exactly as it appears on the cheque. Similarly, a cheque payable to two beneficiaries can only be paid into an account in the name of the two beneficiaries exactly as it appears on the cheque.
A cheque is valid for as long as the debt between the two parties (i.e. issuer and payee) exists. In other words, cheques do not have an expiry date.
Notwithstanding the above, it is common banking practice to reject a cheque presented for payment bearing a date more than six months earlier to protect the payer - on the basis that payment may already have been made by some other means or the cheque may have been lost or stolen. However this is at the discretion of individual banks.
Where there is a dispute, a cheque remains legally valid in order to prove a debt for a period of six years, which is the Statute of Limitations.
The Consumer Bill (Due October 2015)
This Act will repeal and amend the following Acts:
Supply of Goods (Implied Terms) Act 1973 will mainly be replaced by the Consumer Rights Bill.
Sale of Goods Act 1979 For business to consumer contracts, this will mainly be replaced by the Consumer Rights Bill but some provisions of SGA will still apply.
Supply of Goods and Services Act 1982 For business to consumer contracts. This Act’s provisions will be replaced by the Consumer Rights Bill. The SGSA will be amended so that it covers business to business contracts only.
Sale and Supply of Goods Act 1994 this Act amended the SGA and the SGSA and as such will be superseded by provisions in the Consumer Rights Bill for business to consumer contracts.
Sale and Supply of Goods to Consumers Regulations 2002 will be replaced by provisions in the Consumer Rights Bill.
Unfair Contract Terms Act 1977 will be amended so that it covers business-to-business and and consumer-to-consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999 will be replaced by the Consumer Rights Bill.
Consumer Credit Act 1974
In January 2013 changes were made to this Act following a European Directive on Additional Assumptions for the Calculation of the Annual Percentage Rate of Charge on Credit Agreements (EC Directive 2011/90/EU).
This is a wide ranging Act regulating consumer credit and covers the following areas:
Content and form of credit agreements
Method of calculating annual percentage rate (APR)
Procedures relating to events of default, termination or early settlement
Credit Advertising – must show true rates of interest without hidden extras
Section 75