How to Pursue Your Complaint

Pursuing your claim

It is always the responsibility of the person making a claim to prove that the goods or services are defective.
If you have to take action through the court you may need to get an independent report to confirm the fault you are complaining of. However there is no guarantee that you will be able to recover these costs through the court.
Always tell the trader of your intention to obtain such a report so that you can include the cost of this in your claim. If possible try and obtain the traders agreement to such a report and an agreement on the ‘expert’ used.
Let the trader see a copy of the report to give them a chance to settle the matter before you issue a summons. Remember though that if they settle at this stage you want reimbursing for the cost of the report as well.
Sometimes it can be difficult to get an independent opinion. The lack of one will not stop you making a claim through the court but a report can make it easier to prove your case.
Trade associations can sometimes help by giving the names of people willing to give reports.
Take photographs of the problem if appropriate.
If you need to have work done urgently e.g. if there is a danger in leaving the problem in existence, make sure you have both a report and an itemised bill from the contractor doing the remedial work. Keep any parts that have been removed or replaced. Make sure you chose a contractor quoting an average price and not the first or most expensive one you contact.

Complaints check list

Stop using the item as soon as the problem is discovered.
Contact the seller as soon as possible either personally, by telephone or in writing.
If calling in or telephoning make sure you speak to someone in authority at the shop.
If possible take the goods back to the shop.
If you have the receipt take that with you. If not take some other proof of purchase.
Make a note of the name of the person you speak to.
Try and take someone with you in case you need a witness.
Make a note of what was agreed unless the matter is settled immediately
what did the trader promise to do?
was a time limit agreed on?
Keep calm.
If nothing is sorted out write to the head office of the company.
Enclose any copies of previous letters and your receipt together with any other relevant information.
Send the letter by recorded delivery but be aware that some companies will refuse to accept recorded delivery mail.
Stick to the point in your letter and if necessary set a time limit for their response.
If you don’t get a reply be persistent.
Always keep copies of anything you send.
Keep a note of any phone calls the trader may make to you, the name of the person calling, the date and time and what was said.
If the trader is a member of a trade association you can see if they will offer any assistance in resolving your dispute.
If the matter cannot be resolved send a final letter telling the trader that unless your complaint has been settled by a deadline you set you will take the matter to the county court.

Writing a letter of complaint

When you have a problem with faulty goods or services it is a good idea to get the details of your complaint in writing. It confirms anything you have said to the trader; it is often the best way to refer the matter to a company’s head office and in some cases it may be the only way to contact a mail order company.

Checklist for your letter

Make sure you write to the correct address.
Include copies (not originals) of any supporting documents such as receipts, other proof of purchase, invoices etc.
Quote any customer/order/reference numbers.
Be specific. Quote important facts and events.
Be clear about what you want the trader to do to resolve your complaint.
Set a deadline for a response from the trader and stick to it.
If you have any evidence to support your claim e.g. reports, send a copy with the letter.
Act quickly - delaying can affect what you might be entitled to.
Be persistent. If you don’t get a reply, write again and if need be address it for the attention of someone in higher authority such as the General Manager or Managing Director of the company.
Always keep copies of any letters and documentation you send.