How to Complain E-Book

Helen Dewdney

• Herausgeber: M-Y Books World AMA
• Kategorie: Ratgeber
• Sprache: Englisch
• Veröffentlichungsjahr: 2017

Seitenzahl: 437

Beschreibung

Here is the result of over 30 years of experience from the campaigner Helen Dewdney, who sports the online persona "The Complaining Cow". Including tips, real-life examples, anecdotes and handy template letters, you are provided with the knowledge and confidence to assert your legal rights, overcome any consumer complaint hurdles and always gain redress. Discover what kind of complainer you are, how you can gain better results and how to deal with the common fob offs companies use. Get comprehensive advice on the most up to date consumer laws you could ever need, How to Complain effectively, how and where to take things further when you don t get a satisfactory response and lots of useful contacts. Faulty goods, poor service, bad advice, over charging and mis-selling; it s all covered here. Learn how to take on supermarkets, airlines, energy and insurance companies, banks, and restaurants amongst others and get results. Read how and why she took Tesco to the small claims court and won. Never be out of pocket again!

Leseprobe

Third Edition 2nd Revision 2019 published by The Complaining Cow

The right of Helen Dewdney 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

CONTENTS

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!

Call Centres

Comparison websites

Using social media

Alternative Dispute Resolution

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

8 UTILITIES

ENERGY

Ofgem Standards of Conduct

Quality of Service Guaranteed Standards

Back billing

Cold weather payment

Electricity and gas meters

Switching energy

Energy Ombudsman

WATER

9 VEHICLES

New Cars

Second hand cars

Clocking

Garage Servicing

10 RESTAURANTS, HOTELS, PUBS AND CAFÉS

Bookings

Food poisoning

Water

11 INSURANCE

Comparison websites

Contents Insurance

Buildings Insurance

Holiday Insurance

Vehicle insurance

Private health insurance

12 HOLIDAYS AND FLIGHTS

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

Connecting flights

Accommodation booked separately

Timeshare

Luggage

Car hire

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

Ferries/cruises

Buses

16 TELECOMS

Broadband

Router

Speed and interruption to service

Mobile ‘phones

Mis-sold contracts

Mobile ‘phone price hikes

Roaming Charges

Ombudsman Services/CISAS

Nuisance calls

Spam emails/texts

17 HOME IMPROVEMENTS

Builders

Painters/decorators

Architects

Surveyors

Glaziers

Home Insulation & Energy Systems

The Dispute Resolution Ombudsman

18 PROPERTY

Estate agents

Surveyors

New houses

Renting

19 OTHER SERVICES

Hairdressers and beauty therapists

Service bookings

Supply/delivery and fitting of items

Removal services

Dry cleaners and launderettes

Florists

20 PARKING TICKETS

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

Tips on asking for information

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

Scotland

Northern Ireland

27 USEFUL CONTACTS

INDEX

CONSUMER RIGHTS

LIST OF TEMPLATES

LIST OF REAL EXAMPLES

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

1 INTRODUCTION

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 at 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.

2 HOW TO USE THIS BOOK

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.

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. Please be aware that many of these templates use the Consumer Rights Act 2015. If you are using this book to complain about a purchase/service before this date a template may have the line “For services prior to 1st October 2015 quote “Supply of Goods and Services Act 1982”” – use this to replace the words “Consumer Rights Act 2015”. If a template has the line “For purchases prior to 1st October 2015 then quote “Sale and Supply of Goods Act 1994””

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.

3 WHAT TYPE OF COMPLAINER ARE YOU?

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.

4 ENSURING YOUR COMPLAINTS ARE EFFECTIVE

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 negative 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 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!

Don’t write all in capitals. This is the equivalent of shouting which will not get you anywhere. Also it makes it very difficult to read so you will not be allowing the reader to see your complaint in the best light or get them in the mood to want to help!

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.

Terms and Conditions

Make sure you read through the terms and conditions of your contract carefully before complaining about a service. Look at what you signed up for and whether anything has been breached. Remember that even if you think that the contract frees the provider from any blame that it is still possible that it could be in breach of unfair contract terms.

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 the amounts 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 that you are reserving your rights under the Sale of Goods Act 1979 (prior to 1st October 2015, thereafter the Consumer Rights Act 2015). 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. However, your contract can require you to return goods to the place where you took possession of them, such as the retail shop. In this case the cost of return is your responsibility. Likewise, if you choose to return the goods to the original shop even though the contract does not require you to do so, then you have to bear that cost.

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.)

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. This is the same under the Consumer Rights Act 2015 from 1st October 2015. See chapter 5, Consumer Rights, for further details.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 1982. A further 33% say that they check out their rights before complaining – but they may not of course always do so. In short, these percentages indicate that less than half of people complaining know and use 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 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). This right is in place (until the time that you are deemed to have “accepted” the goods. “Accepted” is generally thought to be up to 4 weeks until 1st October 2015. Thereafter the Consumer Rights Act 2015 states that the right to reject goods lasts for 30 days unless the expected life of the goods is shorter, as with highly perishable 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. From 1st October 2015 this 6 months rule is set in the Consumer Rights Act 2015.

“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 actually 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 are entitled to a replacement or repair.

Call Centres

I asked on my Facebook page what people hated about call centres and without doubt the top hates were:

• speaking to people in different countries where communication was difficult and English was not their first language

• call centre staff just reading from a script

• call centre staff hanging up on calls

• music playing

• refusal to give names

• being passed from one department to another

• call centre staff not knowing the answer to questions

• refusal to pass you to someone senior

• having to go through all the keypad options before you get to speak to someone….

It would appear most of us don’t have a good word to say about call centres.

The inside information from call centre staff

Interestingly, people who had worked in call centres gave some insight into why we get some of the problems. Here are some reasons:

Some of this information came from a member of staff from a very big well-known company as well as from call centres!

• The call queues waiting times are specifically designed to be long enough to encourage you to ‘give up’. You will wait a designated ‘minimum time’ even if agents are available.

• Queue messages are designed to discourage you – “you are 457th in the queue” or plainly tell you to go away “many common issues can be resolved by visiting our web site at xxx.com” – and they will become increasingly discouraging as time passes.

• Response scripts are specifically designed to restrict what call handlers can do and, ideally, convert a call into a new sale. ‘Escalation’ paths for calls are specifically designed to delay or avoid resolution.

• Staff are given average call times.

• Passing the call on to another employee counts as a conclusion to the call (even when the caller is placed in another long queue elsewhere in the organisation).

• The computer systems used are terrible – not all data is available since the call centre is sometimes not run by the company you are calling.

• The call centre staff are not trained to give you satisfaction but to simply get close to the required percentage success rates.

What can you do?

I tend not to use call centres because they are generally so diabolical. I write. Where the matter is not urgent and this is a possibility, I always advise writing. Be clear, concise and polite. Make sure you have all the details and list the issues. Ensure you include all your account details. If you do not get a satisfactory response write to the CEO. You can find email contact details at www.ceoemail.com. For most companies you can consider taking the matter to the relevant ombudsman, e.g. Energy Ombudsman, CISAS, Financial Ombudsman etc. You need to wait until 8 weeks after you start the complaint or request a “deadlock letter”. This is a letter from the company stating that they will not communicate further on the matter.

If you have to ring, be polite, get the name of the person you are speaking to as soon into the conversation as you can. Make a note of the start and finish times of calls, including the length of time you were on the phone. If the person keeps repeating what they are saying and it is of no help ask to speak to a supervisor. You may or may not get this but note everything down. Ask them to send you confirmation on anything they have agreed, if possible whilst you are still on the ‘phone. Be clear and assertive (but not aggressive) in what you want and provide deadlines for this. Under the Supply of Goods and Services Act 1982 (Consumer Rights Act 2015 from 1st October 2015) you are entitled to services to be carried out with reasonable skill and care. Leaving you on the ‘phone and not answering queries or providing you with the service you are paying for is a breach and you can tell them so. Asserting your legal rights often gets you taken more seriously and you are more likely to get the call escalated. Follow up all bad experiences with a call centre with a letter/email of complaint detailing the problems and the issues with the call (as well as your original complaint!) and assert your legal rights. You should find you get some redress!

Helplines

A key point to note is that there is now a prohibition on not providing basic rate numbers for post-contract customer helplines. (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Where traders offer telephone helplines for consumers to contact them about something they have bought, there should be a number available for the consumer to call for this purpose at no more than the basic rate. This includes Financial institutions.

Comparison websites

These are a must for finding the cheapest deal. Try to use more than one comparison site as they do not all list every company. It may seem like tedious work but it can save you hundreds of pounds. You can use these for insurance, broadband, TV, energy and banking.

Check the terms and conditions of the site and tick the box that says you don’t want to be contacted by anyone! It could be considered an Unfair Contract if the site states that it is not responsible for the information it provides. Check how the results are presented from one site to another and that the actual service provided is the same.

The Ofgem voluntary code of practice for price comparison websites now prevents them from displaying products on which they earn commission more prominently than those on which they don’t.

Comparison websites ‘accredited’ by Ofgem must prominently list the energy companies from which they receive commission on sales, as well as clearly stating that they earn commission on certain tariffs. The websites will no longer be allowed to limit by default the tariffs that a consumer sees when making a search. Websites need to display all tariffs available to a consumer regardless of supplier. Sites that comply with the code are listed as ‘accredited’ by Ofgem and can display related logos on their sites.

Ofcom also has an accreditation scheme and members of this are listed on their website (and included in chapter 27 Useful Contacts). The key requirements of the Ofcom Price Accreditation Scheme are that information presented to consumers must be comprehensive, accurate and transparent. Accredited price comparison websites must show a good selection of providers (covering at least 90% of the market) and enable consumers to rank according to price. There isn’t a requirement to show absolutely all deals in the market. Given the large number of small providers in some markets, it may not be practical for a price comparison website to list all providers and options.

The guidance states that commercial arrangements must be transparent. Ofcom accredited price comparison websites must not discriminate against particular providers and, where a selection of packages is included, this should not result in an unfair or unbiased representation of an operator. Accredited price comparison websites are prevented from filtering results by commission payments.

The FCA (Financial Conduct Authority) authorises and regulates some price comparison websites but it does not make recommendations. It undertook a review of comparison websites earlier this year and followed them up to ensure that they had addressed the specific issues identified. It will use the full range of regulatory tools available as appropriate if any of them have not done so. The FCA uses a wide range of enforcement powers – criminal, civil and regulatory – to protect consumers and to take action against firms or individuals that do not meet its standards. You can search for companies regulated by the FCA on the register on its website.

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 at 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 February 2018 when KFC didn’t have any chicken? Their Twitter feed was brilliant and they interacted with consumers hilariously. They even interacted with Iceland and people on Twitter loved it. KFC making jokes about the whole situation turned a potential PR disaster into a positive one, showing how they constructively deal with complaints. Most companies still have a long way to go in dealing with complaints generally as well as on social media.

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, exchange a direct message (DM) and refund made. Perfect, and it 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 limited 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 and 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 and 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.

Alternative Dispute Resolution

ADR is a process that enables disputes between a consumer and a business to be settled via an independent mechanism outside the court system and can provide a quicker resolution. There are different forms of ADR:

• Arbitration – an impartial and independent third party will decide how to resolve your dispute. In most cases, the arbitrator’s decision is binding and cannot be challenged in court. Costs vary and sometimes arbitration is free as with IDRS and ACAS services.

• Adjudication – by ombudsmen and free to the consumer. This is binding on the trader but not on you should you not agree and want to take the matter to court. For details of ombudsmen see the relevant sector chapter.

• Mediation/conciliation – remains confidential and cannot be used in a later court hearing. The cost varies: in some instances it’s free; in others, it can get expensive (See chapter 27 Useful Contacts).

• Negotiation – which is used most commonly in employment situations. You can choose to have a union representative or someone else present while you negotiate.

Generally, arbitration is binding on both parties to the dispute; mediation/conciliation and negotiation are non-binding; and adjudication and ombudsmen schemes do not bind the complainant, but will be binding on the other side.

5 CONSUMER RIGHTS