Sunday, February 19, 2012

How to make a complaint

You buy a TV for your room from Leahy Electricals. When you get home you find it is not working. You go back to the shop to complain and hope for a replacement but the weekend shop assistant tells you it won't be replaced because you didn't notice the fault in the shop.

The Sale of Goods and Supply of Services ACt 1980 says that whatever you bought is covered and should be replaced but you cannot get access to the shop owner/manager Mr Leahy.

You need to write a letter of complaint. The National Consumer Agency provides templates for writing a complaint letter on their website.

Here is one below. Complete the letter inserting the relevant details.


Template Letter of Complaint - Services

Date (of sending the letter day/month/year)

Name of owner/Manager of Business /shop
Full Address of owner/shop/business


Dear (insert owner/manager’s name or Sir/Madam)

On (insert date of purchase) I bought (description of the product, include any details which will make the product identifiable to the company). I attach a copy of my receipt for your information.

I am writing to you because (outline the problem, for example one of the following)
  • The service was not carried out with the necessary skill
  • The service was not carried out with due care and diligence
  • The materials used were not of merchantable quality 

On (insert date) I rang and spoke to (insert name of person you spoke to) but (insert outcome here, for example I have heard nothing further since).

Under the ‘Sale of Goods and Supply of Services Act, 1980’ if a consumer has a contract with a service supplier the consumer can expect that:
  • The supplier has the necessary skill to provide the service
  • The service will be provided with proper care and diligence
  • The materials used will be sound and that goods supplied with the service will be of merchantable quality

Under consumer law my contract is with the supplier of the service/product and as such I am writing to you to seek (state what you want the supplier to do e.g. offer a repair, replacement or a refund*).

I would appreciate your response within 10 working days. If you wish to discuss by phone, I am contactable by telephone/mobile at (insert daytime number if available –optional).

Yours sincerely,

__________________________(signature)
Print your name here

* As a consumer, if you purchase a faulty service the law entitles you to seek either a repair or replacement of the service or a refund. It is a matter for you to negotiate with the seller for your redress. However, if a repair of the service is offered then it should be permanent. If not, and if the same problem occurs again, then the buyer is entitled to seek another form of redress. If you cannot agree on the form of redress, your next step after this letter may be the Small Claims Procedure  - see our website/booklets for full details.


Source

The Ombudsman for Children

An Ombudsman (http://www.ombudsman.gov.ie/en) investigates complainst about public bodies such as An Post, the Health Service etc. The office is there to protect citizens' rights. The Ombudsman examines the problem and if he/she feels that a complaint is justified then he/she will make a recommendation for a solution to the problem.

Some organisations have their own Ombudsman. For example there is an Ombudsman for the Defence Forces, an Ombudsman for the Garda Siochana and there is an Ombudsman for Children.

The Ombudsman for Children is Emily Logan. On the OCO website she says "My name is Emily Logan and I have the honour of being the first Ombudsman for Children in Ireland. That means that I work for all children and young people under 18 living in the Ireland and my job is to make sure that the government and other people who make decisions about young people really think about what is best for young people."

Ms Logan is advised by a Youth Advisor Panel - young people who respresent youth and present your views. Listen to some members of the panel talk about why they got involved with the OCO and some of the highlights of the past couple of years.