Keep your temper, keep records and use the system to get redress for substandard goods and services, advises Clare O'Dea.
Have you ever been ripped off and suffered in silence? Every day, consumers run into problems with goods and services but often they fail to complain, or complain ineffectively.
If you have a legitimate complaint, don't be shy about it. You might not always get satisfaction but, with the right approach and back-up, if necessary, you have a good chance of putting things right. When goods are faulty or if you have been misled, badly treated or overcharged for something, you should make a complaint.
There is a right way and a wrong way to complain. You should begin in all cases by contacting the person who sold you the goods or services rather than the manufacturer or distributor.
The first golden rule of complaining is never to lose your temper. If you do, you probably won't get your case across well and you'll antagonise the person with whom you are dealing. They will be less likely to respond fairly, assuming they even have the power to make a decision or offer some form of compensation.
So be smart and keep your cool, find out whether you are speaking to someone with authority and, if you are getting nowhere, ask to speak to the manager. Always take names and keep a record of phone calls.
If you are unsure, check out your consumer rights before making your complaint. When you are complaining in person or over the phone, explain what is wrong in a calm and reasonable manner. Where possible provide some proof of purchase and make your complaint within a reasonable length of time after purchase.
When you are explaining the situation, suggest what can be done to put it right and be reasonable.
If the retailer or service provider cannot or will not help, put your complaint in writing. Enclose a copy of the receipt and any other relevant paperwork and send it by registered post. Do not send on the actual receipt as it is, generally, your only proof of purchase.
Give the trader a time limit in which to resolve the matter (for example, 14 days). State that if the matter is not resolved within the time limit, you will consider taking further action. If possible, get your letter properly word-processed. Keep it short and to the point.
Always keep copies of correspondence. You may get nowhere at first. If that happens, write again, making it clear that you will take the matter further.
When you buy goods or services in the Republic or another EU member-state, you are protected by consumer legislation. If the retailer or service provider doesn't reply to your letters, refuses to do anything, or makes a final offer you are unwilling to accept, you may need to consider going to the Small Claims Court, arbitration or mediation to seek a remedy.
The Director of Consumer Affairs has powers in relation to consumer information and protection, monitoring competition, safety of certain goods and a number of other areas.
You may complain to the director, Ms Carmel Foley, about false or misleading claims on goods, services and prices, and she may prosecute the traders concerned or apply for a court order to get misleading advertisements withdrawn or amended. The director does not have a role in getting redress for you but sometimes, if a trader is fined, the fine may be awarded to you.
If you suffer a loss or damage as a result of a false or misleading claim about goods or services, you should seek redress from the trader and, if necessary, you may sue for damages in the normal way through the courts.
The director monitors the Sale of Goods and Supply of Services Act, 1980, and may prosecute traders for breaches of the law. This Act gives you various rights in respect of the goods or services that you buy or rent for private use.
You are entitled to expect that the goods are of merchantable quality and fit for their purpose. If the goods do not meet these requirements, it is up to the seller to put matters right.
The European Consumer Centre provides a free and confidential information and advice service on consumer rights under EU law. It is part of an EU-wide network and assists consumers with cross-border complaints.
If you have a complaint against a financial institution, the Ombudsman for Credit Institutions and the Insurance Ombudsman of Ireland may be able to help.
All kinds of complaints from customers of banks, building societies and finance houses arising from the provision of services can be considered by the Ombudsman for Credit Institutions, Mr Gerry Murphy.
If a complaint cannot be resolved to the customer's satisfaction through the internal complaints procedure, the case comes back to the Ombudsman. He then carries out a full investigation and makes a ruling that is binding on the institution but not on the customer. Mr Murphy has the power to award up to €38,092 in any case.
The time taken to bring a complaint to completion averages about three months.
Complaints investigated by the Ombudsman for Credit Institutions relate mainly to mortgages, the operation of accounts and lending (disputes about terms, fees and interest charged).
About a third of all complaints basically alleged unfair treatment. Maladministration accounts for another one-third of complaints and, last year, 17 per cent of complaints related to breach of contract.
The Insurance Ombudsman investigates disputes between personal policyholders and their insurance companies. The scheme is free of charge to the complainant. Again, the insurance companies are bound by the decision of the Insurance Ombudsman, Ms Caroline Gill, but the policyholder is not.
Complaints must be submitted to Ms Gill's office within six months of a company's last response to the complainant. The average time to process an a complaint is four months.
The terms of reference of the office allow a case to be examined where the amount in dispute is up to €158,717.
The structure of financial regulation is set to change, with the introduction of new legislation. The Central Bank and Financial Services Authority of Ireland Bill 2002 was published last month and an interim board was appointed to manage the transition to the new regulatory arrangements. A statutory ombudsman scheme for all financial services is in the pipeline and the ability of the regulator to penalise financial institutions will be strengthened.
The consumer protection functions currently exercised by the Director of Consumer Affairs in relation to financial services will be integrated with the prudential regulation of financial services.
The regulation of insurance and banking will be combined with consumer protection in one organisation, the Irish Financial Services Regulatory Authority. But it will take some time before this is all up and running.
In the meantime, it's business as usual at the offices mentioned above.