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Consumer & Competition Division

Consumer Affairs Directorate - Guidelines

Preventing Consumer Problems

Some consumer problems may be avoided by following these simple guidelines:

  • Always get several estimates for any major purchase or service contract. Shop around before you decide.
  • Never sign a contract without reading it first. Do not sign a blank contract that a salesperson says will be filled in later. If there is anything which you do not understand, insist that this is explained to you. You can always ask to show the contract to a friend for advice before signing it.
  • Always keep your receipts, warranties, contracts and any other documents. They will be important if problems arise later.

When Consumer Problems Arise

A complaint need not be a negative experience. Honest firms that handle consumer problems correctly stand to gain customer loyalty while consumers benefit. Remember these points when complaining:

  • Make sure that your complaint is justified and be reasonable in what you ask for as compensation;
  • First approach the person who sold you the product, or provided you with the service, and try to solve the problem amicably;
  • State clearly what your problem is and what you expect to be done. For example, state whether you want a faulty product replaced or repaired, or whether you want your money back. Suggest a  reasonable period by when you want action taken.

How to make a complaint

A. In person

First approach the person who sold you the goods or provided the service. Ideally take a friend with you to witness what is said. Take copies of your documents. State what your problem is and what you want. If within a specified period, you do not have a result, speak to someone with more authority. At home take notes of what happened.

B. By telephone

Before phoning gather all the relevant information at hand. Briefly state what your problem is and ask for a person who has the authority to assist you. Keep a record of all the persons to whom you spoke, what they told you, and what action, if any, is being taken.

Before you end the call recapitulate what was agreed to in order to avoid misunderstandings. Follow the call with a letter to the same person outlining what was said and agreed to.

C. In writing

This is the most effective method of complaining, if properly done. A letter should be short, neat, legible and, if possible, typed. Send the letter by registered mail. Address the letter to someone with authority or with a specific job title such as "The Manager".

It is advisable to follow these points:

  • Do not delay in making your complaint. Prompt action after you become aware of the problem increases your chances for a satisfactory settlement, especially if you are dealing with a product or service which is subject to a warranty time limit;
  • Complain to the right person. Start with the person with whom you initially had dealings. If you are unsuccessful take your problem to someone with more authority. Keep notes of what you do, with whom you speak and what they tell you to do;
  • Be calm and self-confident. While you must not be aggressive you should neither be apologetic. If you have been provided with shoddy goods or given a poor service you have every right to complain in a polite but assertive manner;
  • If you are making your complaint in writing, type your letter, keep it short and keep a copy;
  • Be brief and to the point. Leave out unnecessary details. Support your case with copies of any relevant document and do not give away the originals! Your organized approach shows that you mean business;
  • Be Aware that the provisions of the Consumer Affairs Act in relation to "Sale of Goods to Consumers" give the right to consumers for a remedy when the supplied goods are not in conformity with the contract. Traders must be informed in writing of the lack of conformity within two (2) months from  discovery and the time limit to take action for compensation is two (2) years from the delivery of the goods.

What a Consumer should do when he/she has a Complaint:

  1. If no agreement is reached with the trader, contact the Consumer and Competition Division for advice.
  2. If a solution has still not been reached after the advice, register the complaint with the Information and Client Affairs Directorate where it will be investigated.
  3. An officer from the Information and Client Affairs Directorate will then conduct a mediation process between the consumer and the trader.
  4. If no amicable settlement is reached within fifteen working days, you can seek compensation by making a claim before the Consumer Claims Tribunal.

For further information please contact:

Consumer and Competition Division
Consumer Affairs Directorate
’Office for Fair Trading’
Cannon Road
Sta. Venera, CMR 02, Malta.
Tel: (+356) 21446250-5 Fax: (+356) 21221020

Freephone: 8007 4400
E-Mail: fair.trading@gov.mt

 
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