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Thursday, 23 February 2012

Making a complaint – what to do first

If you have bought a faulty item or paid for a poor service, you can make a complaint against the trader. Find out how to complain, what to include in a letter of complaint and what to do if you don’t agree with the trader’s response.

If there’s a problem with an item or service

If there’s a problem with something you’ve bought, you should tell the trader as soon as possible. You can complain face-to-face, over the phone or in writing.

Before you complain:

  • make sure you can prove you bought the item or service from the trader, eg with a receipt, invoice or bank statement
  • find out if the trader has a complaints procedure you need to follow, eg a form you need to fill in online
  • collect all the documents that will support your complaint such as quotes, photos of the fault and emails between you and the trader

How to complain

Check your rights

See what the trader needs to do for you

When you complain:

  • quote a reference, account or order number if you have one
  • describe the items or service you bought
  • say what the problem is – what happened and when it happened
  • say how you want the trader to sort it out – check your rights to see what the trader needs to do
  • explain any actions you've already taken – including who you spoke to and what happened
  • give the trader a deadline for replying, eg 14 days
  • keep a copy of any letters, emails etc for your records

Complaining in person

As a first step, you may have more success if you complain face-to-face. Ask to speak to the person in charge – not all staff have the authority to agree replacements or refunds.

Take documents about the item or service with you, eg the order confirmation that gives a delivery date.

Complaining by phone

If you complain over the phone:

  • write down the date of the call and who you spoke to
  • make notes of what is said during the call – for example if the trader offers a repair
  • follow up your complaint in writing

Complaining in writing

If you complain by letter or email, you will have written evidence you can use later if the trader disputes your complaint. 

Include copies of supporting documents like contracts or receipts when you send your letter.

If you send the letter by post, send it by recorded delivery and keep the postage receipt.

Follow the link below to get a template that sets out the legal terms you should include.

If you don’t agree with the trader’s response

If you complained in person or over the phone and don’t agree with the trader’s reply, you should follow up with a complaint in writing.

If you don't get a reply to your letter after a reasonable time, eg 14 days, write to the trader again.

If you don’t agree with the trader’s response to your written complaint, you can:

  • complain to your finance company if you paid using a credit card or credit agreement
  • complain to an independent ombudsman – a free service that can decide certain complaints, eg the Legal Ombudsman deals with lawyers
  • complain to a trade association if the trader is a member
  • try mediation – you and the trader discuss the issues with a neutral third party to see if you can reach agreement without going to court 

If these options don't work, you may need to think about getting a second opinion from an independent expert to see if the trader is at fault. For example you could get a second opinion from The AA for a car dispute.

You may then want to start legal proceedings by starting a claim in court. This can be difficult and costly and should be a last resort.

Find out more about second opinions, mediation and legal proceedings by following the link below.

Where to get help

Get advice from Consumer Direct

For practical consumer advice call 08454 04 05 06

You can get advice about disputes from Consumer Direct, the government funded consumer advice service.

Some traders also belong to schemes that set standards for dealing with complaints. For example if the trader:

  • belongs to a trade association
  • is part of the Trustmark or local authority trader scheme
  • displays the Office of Fair Trading (OFT) approved codes logo – this means the trader offers higher standards of customer protection than the law requires

If the trader won’t sort out your complaint, you can raise the issue with the organisation that runs the scheme.

To find out if the trader is a member of a trading scheme or trade association:

  • check online (see links below)
  • ask the trader
  • check the trader’s website or company brochure

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Additional links

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Watch a video on how mediation can help you solve a dispute

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