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Thousands of disgruntled consumers are turning to social networking websites, such as Facebook, to complain about their bank, broadband provider or gas supplier. But while consumers are collectively griping to each other, they are not doing so to the companies that have made their blood boil.
Research by the National Consumer Council indicates that 50 per cent of consumers think that it is too much hassle to complain. Most would rather walk away from a company than initiate a formal complaint.
However, making a complaint does not have to be difficult, says Michele Shambrook, of Consumer Direct, the government-funded consumer help-line (0845 4040506). “You should start with informal ways of communicating – e-mailing or calling – to tell the company about the problem,” she says. “But we do advise that you put pen to paper as soon as possible.”
Make sure that your letter explains clearly what you want and tell the company when you expect to receive a response, for example, within ten working days. Always post your letter by recorded delivery and keep a copy for your records.
There are letter templates at a number of websites on the internet, including consumerdirect.gov.uk and howtocomplain.com, to give you a helping hand. If a letter does not kick-start the process of reconciliation, the next step is to contact an industry regulator or ombudsman.
Telephone and broadband companies have to sign up to an independent organisation to deal with disputes with customers. BT, Vodafone and TalkTalk are members of Otelo (the Office of the Telecommunications Ombudsman), while Orange, Virgin Media and T-Mobile are members of Cisas (the Communications and Internet Services Adjudication Scheme).
Otelo and Cisas are both free to use and exist to settle disputes between consumers and companies. They can take on your case as long as you have not heard from the company in more than 12 weeks. If you are not sure whether you have a case, give one of these organisations a call. Rachel Chorley, of Otelo, says: “We can advise people how to move forward with a company, even if we cannot get involved at that early stage.”
The Financial Ombudsman Service (FOS) should be your first port of call if you have a complaint against your bank, buillding society or any other lender or company that has provided you with a financial service. The FOS is free and impartial. Its job is to settle disputes between consumers and companies, and it will give you as much advice as you need, starting with how to complain.
Emma Parker, of the FOS, says: “We uphold about a third of cases brought by consumers against companies, and the ombudman’s decision is binding.”
If your dispute is with your gas or electricity supplier, the first organisation you should call is EnergyWatch, the gas and electricity supplier watchdog. It will provide free and impartial advice and guidance on how to take a complaint forward.
If you think that you deserve to be compensated by a company, an alternative route to an industry ombudsman is the small claims court. You can make some claims online at www.hmcourts.gov.uk . Ms Shambrook says that making a small claim through the county courts is not as daunting as it sounds, particularly if you do it online. “The courts are a last resort, but making a small claim is a really simple process,” she says. “There is plenty of information on the Court Service website to help you. Fill out the form online and the company will be sent a summons. You can do it from your armchair.”
If you have been charged for a service that you have not received or that does not live up to the description given when you paid for it, you can make a claim against a company for breach of contract. If you received poor service but the problem was resolved, you could even claim retrospectively, based on how long it took to be resolved.
Ms Shambrook adds: “If you have taken time off work and lost money to wait for a broadband company to install a line in your home and it failed to turn up, you can claim compensation. The most important thing is that your claim is reasonable and you can demonstrate your loss through documents. The more evidence you have of your loss, the more likely you are to be successful.”
CASE STUDY
Wayne Conti, of Carmarthen, Dyfed, West Wales, called Consumer Direct after he switched broadband provider and struggled to get connected to the internet with his new supplier, Sky. He says: “I wasn’t getting anywhere over the phone so I asked Consumer Direct what to do next.”
Consumer Direct’s advisers gave Mr Conti, left, information about his statutory rights, as well as some tips on what to say when he called Sky. The 23-year-old retail manager says: “I quoted Consumer Direct and I was put through to a higher department straight away. By the time I hung up, the problem was fixed.”
Know your retail rights
Many retailers are happy to replace or refund items if you show a receipt. If you have simply changed your mind, however, refunds are not automatic and depend on the retailer’s policy.
You do not require a receipt if an item is faulty – any proof of purchase will do, such as a bank statement or credit card bill.
Your statutory rights state that goods should be of “satisfactory quality” and “fit for purpose”. This does not apply only to everyday use, but also if the retailer has assured you that an item would work for a specific purpose.
You have a “reasonable” time, usually a few weeks, to return faulty goods and claim a refund. If the goods do not last a reasonable time, the retailer can decide whether it will replace or repair the product, usually choosing the cheapest option.
Malcolm Coles, of Which.co.uk , the consumer watchdog, says: “If you have problems, particularly with faulty goods, explain them calmly, ask to talk to the manager and know your statutory rights.”
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I have been trying to get a refund from HMRC for 10 months. They never reply to my letters. They always say that I will be called back when I call but never do. I have asked for their formal complaint process but received no reply. What do I do?
Allan McVittie, Basingstoke, UK
The trouble with taking people to court is that the courts are yet another money making company in my experience. Even if you win your case you probably won't get the compensation awarded and you will have had to pay costs up front. It's what's called throwing good money after bad.
Beverley Kirwan, Preston, England
I h ave a hearing in May 08, through small claims court they have not got back yet in writing wheather i have got remision towards the hearing i have sent in the claim form s and benefit form which i want back as well.I also have made numerious phone calls and fax message . I am been ignored i would like to know why maby my solecitor could find our and i can claim back expences from the court?
j culhane, Sheffield, uk
My student daughter was charged a fee of £30 as she overlooked a cheque she had written as it wasn't presented for a few weeks and it was 'bounced' due to insufficient funds. Her initial complaint was ignored but when I took the matter up with the Nationwide, pointing out that they are 'proud to be different' they relented and have refunded the charge. So well done Nationwide, my daughter is a happy customer and she has learnt her lesson and is keeping a much closer eye on her balance.
SJ Rewse, Weymouth, UK