Chapter 14. How to complain

It has happened to us all. The product looked excellent in the store but fell apart when we got it home. The electrician who seemed so reliable when we first met him has failed to complete the job even though he has been paid. The vacation we bought based on the brochure was not at all what we got when we arrived. In all these situations, if we are to get our money back an argument seems inevitable (although, if truth be told, I’m sure there are times when we have felt not up to it and have written down the loss to experience). But if we do choose to argue, it can be hard to get our point across even though we are in the right. This chapter will show how complaining about faulty goods or bad services need not be stressful.

Fairly obviously, Jonathan has gotten nowhere with this complaint. Applying our golden rules is important in this sort of situation.

With regard to employing workpeople to do tasks, nothing beats a personal recommendation. If a plumber has done a good, reliable job for a fair price for your friend then they’ll probably do the same for you. Even then, it pays to play safe, especially with larger jobs. Here are some top tips:

• Always have a contract. Agree in advance precisely what job will be done and when payment will be made.

• Never pay the final installment until the job is completed. If the builder refuses to agree to such an arrangement, be very suspicious. Keep enough money back so that you could pay someone to complete the job.

• Avoid paying large sums up front. It may, however, be reasonable for you to pay for some materials up front.

• In the case of larger projects, such as additions, build in a sum to pay for “tidying up” work. This would be a fund available for any snags that may arise in, say, the six months after the job is complete. If there are any problems with the building it will be paid for from that fund. If there are none, the builder can keep it. That should provide an incentive for the builder to get everything right the first time, and ensure they can have no objection to resolving any issues that arise.

• Ensure any builder, plumber, or electrician, etc., is part of a professional organization.

• Be very clear in your mind what it is you’re complaining about. Complaining that a hotel is “awful” will not get you anywhere. You need to be precise in your complaints.

• Make sure you know all the things that are wrong with a product. Have all the relevant information on hand. You’ll need to know when and where you bought the product and its details.

• Think in advance about what compensation you want. Is a full refund going to cover all your costs or did you suffer other expenses as a result of the problem?

• Using the person’s name can be polite and ensure personal service. So if you’re talking on the phone to a company or talking to a representative find out what their name is and use it. It helps create rapport. Show that you are a real person with real problems, not just a “complaining customer.”

• When you come around to setting out your complaint, refer to the company. If you’re talking to a representative of a bank, saying “I feel X Bank should reimburse this charge” is far more likely to be effective than saying, “I feel you should reimburse this charge.” You want to keep on good terms with the person you’re talking to, even if you’re in dispute with their company.

• Try to be positive. “Your company has provided excellent service in the past. I’m really pleased with your product, but there’s no getting away from the fact that it was late. Don’t you agree that the lateness of delivery was well below the standard that you normally achieve?”

Seek a result that is going to be realistic and reasonable to both sides. If you’re arguing with a plumber you cannot expect him to spend 24 hours a day on your job. If you show that you recognize he has other customers you’re more likely to win him around.

Do be a bit careful with the last one. If you are entitled to $10 back, accepting $10 off your next order may not be a good deal at all. Only accept a “money back off next purchase” offer if you will definitely use it, and only if it is more than you think you will get in terms of a straightforward refund.

Making proposals that seem to evolve from the conversation rather than as a demand from you may make the request for compensation more attractive.

A good question to ask is: “What is the reason why you don’t want to compensate/reimburse me?” This approach operates on what lawyers call the burden of proof (we talked about this in Golden Rule 3, remember). Rather than you having to explain why you deserve compensation, the company is put in the position of explaining why they should not compensate you.

It might also be helpful to ask the company questions:

“I just want to make sure I have understood the position: do you agree that the goods were delivered late? Do you agree that as a result I lost $60 of business and suffered considerable inconvenience?”

The hope is that in answering these questions the justice of your demand becomes obvious.

Remember, you must try to understand the position of the person you’re talking to. Key questions will be whether you are legally entitled to what you are claiming or whether you are asking for something as a gesture of goodwill. If the latter, you need to show the company why reimbursing you would make economic sense:

“I have had a credit card with your company for three years. I believe the charges you have put on my card are unreasonable. If you do not refund me the charges, I will change to a different credit card company.”

It can also be helpful to use “what” questions. So rather than “why” has a company decided something ask: “What are the reasons for your decision?” And rather than “Why can’t you deliver the goods?” ask “Under what circumstances can you deliver the goods?”

• Which is the most convenient for you?

• What is most likely to produce a good result?

Sometimes shops try to palm off complaints from customers by telling them to contact the manufacturer. You don’t have to do this. After all, you paid your money to the shop and legally you have a contract with the shop, not the manufacturer. They can get in touch with the manufacturer if they want to. However, if the goods have failed some time after the purchase, or if what you want is a repair rather than a refund, you are likely to have more luck with the manufacturer.

A key issue is often whether the goods were defective when you bought them or whether they became defective because you mistreated them in some way. The quicker you can make your complaint the harder it will be for the shop to suggest that the problem is your fault or that the problem is “wear and tear.” So, if something has gone wrong with a product or a service, get in touch with the provider as quickly as possible. If it’s something like an unsatisfactory visit to a hotel it’s best to complain there and then.

• All goods bought should comply with three requirements: they must be as described, fit for purpose, and of satisfactory quality.

• Satisfactory quality means that they reach the standard that a person would regard as satisfactory bearing in mind the price and description. The reference to price here is important. If you buy a cheap product you cannot expect the same standard as if you bought a very expensive one.

• It is the seller who is usually responsible if the goods do not comply with the three requirements. Purchasers are entitled to request their money back “within a reasonable length of time.” Notice you are entitled to your money back: you don’t have to accept a replacement, unless you want to.

• Generally it is the purchaser who must assume the goods were faulty.

• In the case of services, these should be provided with reasonable care and skill. If the work is not done with reasonable care and skill the work must be put right at no extra cost. If that is not done you can ask someone else to do the work and claim the cost from the original provider.

• If you paid for the goods or services by credit card you may be entitled to a refund from the credit card company if there are difficulties in dealing with the supplier of the goods or services.

Another route is to complain to a professional organization. This is appropriate if you have been badly treated by someone who belongs to one of these. For example, lawyers are accountable to the bar association.