You've spent time carefully researching what product to buy or which service provider to use. And you're happy with your purchase… till something goes wrong. Or maybe it was bungled from the very beginning.
What should you do when things go wrong? If you want to make a complaint, follow our checklist for your best chances of being heard and achieving your desired response.
Step 1 – Before you complain
Before you complain, take some time to go through the following steps. This will help to keep you focused on the real issues and what you want done:
What is wrong?
- What exactly is the problem with the product or the service?
- Write down some points so you have them clear in your head.
What are your rights?
- Check through the CHOICE website and look at the ACCC and state and territory fair trading or consumer affairs websites for more information. For example, if you bought a product or service after 1 January 2011 you have rights under the Australian Consumer Law. For purchases before that date, you still have rights but they're not the same – the ACCC website has more on consumer rights for purchases before 1 January 2011.
- If you have a problem which is complicated and/or potentially worth a lot of money, consider paying for some legal advice. It might seem expensive, but it may save you a lot of money in the long run. If you can't afford to pay for legal advice, consider approaching a community legal organisation.
What do you want?
- Do you want a refund, a replacement, a repair? This will depend on whether there is a minor or major failure.
- Do you just want an apology? Sometimes you might just want to make the organisation aware of what's happened and make sure it doesn't happen again.
What documents do you have?
- Gather together documents such as your invoice or receipt, packaging, photos, emails or letters.
Make some notes
Write down some important points such as:
- date of purchase
- date the problem occurred
- what you have done so far
- conversations – when, where, who, what was said
- any reference number.
Don't delay
- Take action as soon as you can. The earlier you try to fix a problem, the more likely you'll be successful.
- If you keep trying to use something that is breaking down, you might make the situation worse.
Step 2 – Complain
Talk to the business
- Usually you can get a long way if you talk to the business first.
- Be polite.
- Explain what has happened and what you want to happen.
- If you are not getting anywhere ask to speak with a supervisor or manager or the owner. Sometimes employees don't know enough about consumer rights.
- Remain calm; try not to get upset.
- Take some notes of the conversation either at the time or later.
Follow up in writing
- Send a letter or an email.
- Make sure you have the correct contact details.
- Be clear and polite.
- Set out clearly and simply what is wrong and what you want done.
- Use natural language and don't try to sound like a lawyer (even if you do have some legal training).
- Include details about date of purchase, date the problem occurred, what you have done so far.
- Send copies (not originals) of relevant documents (but not too many).
- Give them a reasonable time limit to respond. This might be 7 or 10 or 14 days depending on the type of product or service.
- Say what you'll do if you can't fix the problem, such as taking your complaint to your state consumer protection agency or the ACCC.
- Give your contact details (email and/or phone) so they can get back to you quickly.
- Keep a copy of your letter and any response you receive.
Phone scripts
Here are some scripts and templates you can use when contacting the retailer or service provider.
Phone the store where you bought the product.
Good morning/afternoon.
I would like to speak
to someone about a [type of product]
that I recently bought at your store.
Can you put me through
to a supervisor or a manager please?
Speaking with the supervisor/manager
Hello. I am phoning
about [name of product] that I bought
on [date].
[Give the details of the product such as
●
product name, type, size.
●
serial number
●
invoice or customer number]
I am having some
problems with it and I’d like to know what to do.
[Explain what is wrong with the product, for example
●
it doesn’t work at all
●
it doesn’t work very well
●
it doesn’t do what it’s supposed to do
●
it’s a different colour/type/specification to what I
ordered
I would really like to
have it replaced/repaired/refunded [as appropriate]
I would like to bring
it back/have someone collect it [if it’s large and has been delivered]
Can you say how you
would like me to go about this?
[If the business is not helpful] I would really like to resolve this without going further. I have
already consulted CHOICE for some information and if necessary I will think
about going to [fair trading or consumer protection or ACCC]
Thank you for your
time. I look forward to hearing from you in [say 10 days].
Can you let me know
your email address and I will send you an email to confirm our conversation.
Goodbye.
Phone the business which supplied the service
Good morning/afternoon.
I would like to speak
to someone about a [describe the service] that was recently done by your business.
Can you put me through
to a supervisor or a manager please?
Speaking with the supervisor/manager
Hello. I am phoning
about [name of service] that was
performed on [date].
[Give the details of the service such as
●
type of service
●
invoice or customer number]
I am disappointed with
[the service] and I'd like to know
what to do.
[Explain what is wrong with the service, for example
●
it didn't work at all
●
it didn't work very well
●
it didn't do what it was supposed to do
●
it's a different service to what I ordered and paid for
I would really like to
have it re-done/fixed/refunded [as appropriate]
Can you say how you
would like me to go about this?
[If the business is not helpful] I would really like to resolve this without going further. I have
already consulted CHOICE for some information and if necessary I will think
about going to [fair trading or consumer protection or ACCC]
Thank you for your
time. I look forward to hearing from you in [say 10 days].
Can you let me know
your email address and I will send you an email to confirm our conversation.
Goodbye.
Email and letter templates
The Manager
[name and address of business]
Dear Sir/Madam [use their name if possible]
Re: [specify product or service] purchased at [name of
business] on [date]
I am writing to complain about the [describe the product or
service] which I purchased at [name of business and location] on [date].
[Describe the problem. Say when it happened and what you
have done to try to fix it or get it fixed. Give details including names of
people you have spoken with and when. You might need to attach a separate
schedule if it's a long saga].
[List any documents you are including and send copies – not
originals. For example, invoices, receipts, an advertisement you relied on when
you bought the product or service].
[Describe what you would like the business to do to fix the
problem. Give them a reasonable timeframe to fix the problem, such as 7 or 14
days – it depends on what type of problem you have].
[Explain what you will do if the business does not fix the
problem. For example, making a complaint to your state or territory consumer
protection agency and/or the ACCC and/or telling CHOICE about it].
[Ask for a response to your letter within, say, 7 days and say
how you would prefer to be contacted].
Yours sincerely,
[Your signature]
[Your name]
[Re – name of product]
Hello [name of manager/owner],
I bought a [name of product] from your store on [date]. I've
had problems with it ever since it was delivered. [outline problems in date
order and explain briefly what has been done to try to fix the problems] It has
now broken down again and I don't think it can be fixed.
I am aware of my consumer rights under the Australian
Consumer Law. I think this product has failed to meet the consumer guarantees
of [choose which consumer guarantees apply – for example, acceptable quality,
fitness for purpose, match description]. In fact, I think the failure is a
major failure.
[If replacement required] I would like to return the goods and
get a replacement. However, as it is too large for me to return, can you please
contact me to make arrangements for it to be collected and the replacement
delivered? I look forward to hearing from
you by [date].
[If refund required] I would like to return the goods and
get a refund please. I am not confident that a replacement product will be any
better than this one. As it is too large for me to return, can you please
contact me to make arrangements for it to be collected? I look forward to hearing from you by [date].
Regards,
[Re – name of product]
Hello [name of manager/owner],
I bought a [name of product] from your store on [date]. I've
had problems with it ever since it was delivered. [outline problems in date
order and explain briefly what has been done to try to fix the problems] It has
now broken down again and I don't think it can be fixed.
I am aware of my consumer rights under the Australian
Consumer Law. I think this product has failed to meet the consumer guarantees
of [choose which consumer guarantees apply – for example, acceptable quality,
fitness for purpose, match description]. In fact, I think the failure is a
major failure.
[If replacement required] I would like to return the goods and
get a replacement. Can you confirm that I may do so and let me know the
procedure.
[If refund required] I would like to return the goods and
get a refund please. I am not confident that a replacement product will be any
better than this one. Please confirm that I may do this.
I look forward to hearing from you by [date].
Regards,
What if it doesn't work?
If you don't get a satisfactory reply from the business, you can make a formal complaint to the fair trading or consumer protection agency in your state or territory.
There might also be a specific industry body that can deal with your complaint. Search online using the words "consumer complaint" and "[insert relevant industry]" and see if you can find a consumer advocate or other organisation you can phone for advice.
There are ombudsman services for some service providers such as telcos, energy and water providers and financial services, and also for government bodies.
If you still can't get your issue resolved, you might want to take further action by lodging a claim in a magistrates or small claims court or in the Civil and Administrative Tribunal in your state or territory.
But if you take this path, you should seriously consider getting legal advice as there'll be costs involved and you may find it takes way too much time and effort for little reward. Remember the old saying: "Don't throw good money after bad".
Stock images: Getty, unless otherwise stated.
