Discerning followers may have picked up on this page as it makes its appearance in RTÉ’s recent show, The Complaints Bureau. This programme airs every Thursday at 7pm on RTÉ 1 in the coming weeks and features a group of investigative consumer reporters (and Pricewatch) who are working to assist individuals nationwide by spotlighting and addressing unresolved issues.
Even though the stories presented are recent, regular readers will recognise the recurring themes, with contributors being consistently disappointed, deceived, and ignored. Each week, three tales are shared, totalling 24 throughout the series. A multitude of grievances also surface on this page, a practice we have undertaken for almost two decades; however, we are cognizant that we barely scratch the surface of customer dissatisfaction and numerous accounts remain unspoken and unnoticed.
Considering this, we deemed it appropriate to offer a handy guide to sculpt you into the most effective complainant you can be.
1. Defining objectives
Your chances of achieving satisfactory results increase when you establish definite objectives before you unleash your discontent and demand unrealistic responses, which only serve to skyrocket your stress levels. Ascertain whether you desire a refund or repair before you enter into a disagreement. Determine if you aim for compensation or if a simple apology would suffice. Clarity beforehand on whether you wish to opt out from a service provider or would consider continuing the service if tempted with a discount is advised. Thinking about the final outcome in advance averts the chaos of making impulsive decisions.
2. Adopting flexibility
Though it is beneficial to have a general idea of your desired outcome, it’s crucial to remain adaptable and pay attention to any potential solutions that are being suggested. Stubbornly sticking to your initial demands can prove to be counterproductive.
3. Familiarising oneself with the terms and conditions.
Before initiating any communication, it would be beneficial to peruse the terms and conditions thoroughly. Although these written agreements are typically lengthy and mundane, understanding them can enable you to confidently counter the “it’s in the terms and conditions” phrase if used by a representative. You can conveniently sift through the T&Cs by pasting them into a Microsoft Word document and searching for specific terms such as “cancellation, contract, faulty, refund and notice.” These keywords will vary based on the nature of your issue.
It’s quite common to feel exasperated by substandard customer service. Finding yourself bounced around or stuck listening to recurring hold music while a pre-recorded message assures you of your call’s importance can certainly fuel frustration. Despite this, maintaining composure and courtesy during the interaction is crucial. Bear in mind that the customer service representatives are likely the least remunerated and least empowered individuals in the organisation; venting at them serves no purpose and may exacerbate the situation. Confrontation hardly leads to resolution or satisfactory compensation.
However, remaining assertive without resorting to dogmatism is paramount. Displaying yourself as an aggrieved but rational party rather than an irrational one serves your interests better.
Beware of retail employees who tend to blame you for the product defects. They are hardly in the position to accurately assess your laptop for water damage simply because you might have dropped it into seawater for instance. The correct procedure involves sending the product for expert evaluation.
Ensure that you are taking note of all the proceedings.
It’s crucial to maintain good documentation when raising issues about any product or service. Make sure to annotate the important details about what transpired and when it occurred. Draw up a concise timeline of your complaints, focusing primarily on those of major significance. For trivial concerns, such as purchasing spoilt milk on a single occasion, a detailed timeline may not be required. However, non-trivial matters demand a thorough record of the events including the dates and times of discussions, whether in person or over the phone. It’s important to make a note of the individuals you interacted with and what they communicated. Even though you aren’t expected to record everything with the accuracy of a courtroom recorder, it is beneficial to have a loose documentation of events.
Prompt action is key to successful complaints. If you’ve made a purchase that clearly isn’t up to par, or doesn’t match the advertised description, it’s detrimental to your case to delay returning the item. Expecting a full refund on a meal you’ve almost entirely consumed is similarly unreasonable.
Additionally, one should be conscious of the fact that complaints often have to be made within a certain timeframe. If your vacation package wasn’t up to your satisfaction, for instance, you’re required to complain within a few weeks upon returning from the holiday, or else the complaint will not be entertained.
Try your best to determine the most appropriate person or department to handle your complaint. It would be ideal to either reach out to the person you initially communicated with or the customer service department of the company. If that isn’t possible, invest some time into researching who you can contact to fast-track your complaint.
If your complaint isn’t resolved efficiently, it’s reasonable to request to speak with a manager or supervisor. Though you may not be able to speak with one immediately, there’s no harm in making a request. Always ask for the name of the individual assisting you over the phone, and inquire if your conversation is being recorded – it’s also useful to remind the person on the other end of the call about the recording. The crucial point is to not let your anger get the better of you; any loss of control over your emotions during a recorded conversation can harm your case in the future.
Lastly, don’t hesitate to formalise your complaint in a letter.
In case you’re finding it challenging to communicate through a phone call, consider penning it down. Remember to articulate it in a succinct and courteous manner. Writing an irate message in green ink should be avoided, always. Ensure that the note is addressed to the right individual or appropriate department. You may request the details of the highest-ranking person responsible for handling written complaints, or simply Google it to find the relevant department or person.
Moreover, it’s suggested that a typed format is used instead of handwritten when submitting a grievance letter. If you’re accompanying any support documentation with the letter, only attach copies, leaving originals intact for potential future usage. Present a comprehensive background of your situation, listing everyone you spoke to, illuminating the issue, and suggesting a solution.
In your letter, offer a suitable timeframe in which you’d like the issue to be sorted, stating the consequences if it doesn’t get resolved. Explore if there’s a state-affiliated organisation that could assist you. Mention them in your written communication if possible.
To maintain a documented proof of your efforts, prefer to send your letter via registered post, even if it costs a little extra. Businesses tend not to like a paper trail.
Familiarise yourself with your rights by visiting the Competition and Consumer Protection Commission’s website where everything is extensively defined. For any queries, a helpline is available: 01 4025555.
Another avenue to consider when dealing with disputes is the Small Claims Procedure. This service, provided at your local District Court office, costs €25 application fee (non-refundable) and operates as quick and straightforward way to solve disputes involving up to €2,000. However, claims concerning debts, personal injuries, leasing violations and most rental property issues are not handled.
It’s also worth bearing in mind that sometimes certain rights you believe you may have are non-existent. Finally, incorrect pricing issues should not be overlooked.
It’s important to understand that a store is not required to uphold a mistaken price, either displayed on a shop shelf or an online platform. There isn’t a contract binding them to that price until the transaction is completed. The advertised price is essentially an ‘invitation to treat’, where you’re invited to purchase the item for that cost. If the retailer distinguishes a pricing error before the item is sold, they can rightfully ask you to pay the corrected higher price. Even after an order is made, a shop can void the transaction prior to delivery if it was based on an incorrect price, as this invalidates the contract. However, they must be certain that the error is genuine, as repetitive instances of misleading pricing could potentially violate law.
The three Rs – repair, replacement, or refund – come into play when something you purchase is defective or not as described. Nonetheless, it isn’t your decision to choose which of these three terms you opt for. The retailer reserves the right to choose the course of action. They might prefer to repair the item before resorting to a refund or replacement, and may even repeat repairs a few times before considering the other two options.
Furthermore, be careful of warranty conditions. If a faulty product is replaced under warranty, the replacement does not necessarily come with a fresh warranty. Imagine your TV malfunctions after 10 months and it is replaced: the replacement might only carry a two-month warranty – the leftover validity from the original product’s warranty period.
Keep in mind, these points shouldn’t deter you from asserting your statutory consumer rights.
It is crucial to remember that while warranties are essential, they do not eclipse your statutory rights. These legal rights allow buyers to pursue some form of compensation even if a warranty is no longer valid or does not cover a specific issue. With statutory rights, customers can seek restitution for faulty items, depending on the item’s cost and usage. The Sale of Goods Act provides up to six years for consumers to address defective goods. However, certain restrictions apply.
Digital content and services gained more protection with the enactment of the Consumer Rights Act. Now, customers have the same entitlement over digital products and services as physical ones. This covers areas such as streaming services, downloads, cloud products, and offers them the right to a complete refund, item replacement or repair if the item is misrepresented or unfit for use. Customers are also permitted any necessary product or service updates to maintain the product’s functionality, free of charge.
Rights also belong to retailers and service providers. If a customer puts down a deposit and then alters their decision, it is essential not to presume the provider will refund the money straightaway; it is contingent on the terms and conditions.
Additionally, customers don’t have legal recourse if they simply change their minds about a non-defective product bought in-store. Similarly, if the client is responsible for the damage to a product—for instance, dropping a phone into the toilet—they should not expect a replacement.
Therefore, understanding your rights and how they function is pivotal when considering making a purchase.
Equally, if a defect is highlighted to you when you’re buying the item and you choose to proceed with the sale, you are not entitled to any sort of reimbursement.