How to Complain

You may be good at complaining about items that aren't quite right. If not, then you almost certainly know someone who is. But in most cases, it's not persuasion that gets redress – it's having the law on your side.

How to Begin Your Complaint

If you have a problem, the place to begin is always where you purchased the item. It doesn't matter which retailer sold it to you, legally the goods they sell must fit the description they give you, be of acceptable quality, fit for the purpose for which they're intended, come with reasonable installation or assembly instructions, and they must match any samples you're shown beforehand. These are your rights as a shopper, and they're guaranteed by the Sale of Goods Act 1979. If what you've bought doesn't comply with the law, the retailer must do one of three things:

• Replace the item
• Repair it
• Give you a refund

You can complain to the manufacturer if there's a problem with the item (and this is a good idea if there's a guarantee), but, really, it's the retailer's responsibility, even if you've been misled about an item by a manufacturer's ad.

However, that doesn't give you carte blanche to return things. If you're taking something back simply because you don't like it or it doesn't suit you, the retailer's under no obligation to do anything.

Exclusion Notices

Some retailers post notices in their shops in an attempt to stop people returning merchandise – you'll almost certainly have seen signs like 'No responsibility will be accepted for goods once they have left the store'. These are called exclusion notices, and the intent is to make you believe the retailer has no liability for the merchandise.

But can they apply this under the law? With one exception, the answer is no. They only apply if the notice is part of the contract of sale. Once you sign a contract, then you're bound by it. Even then, if the retailer misrepresents the item, your rights apply.

Further Action

In most cases, a complaint to the retailer, if they're in breach of the Act, will bring a quick resolution. But there will be instances when that doesn't happen. What can you do then? Many retailers belong to trade associations, and they might be able to help, or check industry codes of practice that might apply to the retailer.

Your local Trading Standards officer is another alternative. Trading Standards officers are there to help consumers, and they'll go after the retailers they believe to have persistently traded unfairly. You can also try the local authority; it has a number of powers, through Trading Standards and Environmental Health Officers, to crack down on bad traders.

If that doesn't work, try arbitration. Failing that, your last resort is to take the retailer to court. This would probably be small claims court, certainly if the value of the item is less than £5,000. However, first you should write a 'letter before action' to the retailer, setting out the settlement terms you'll accept. If that brings no response, then start your action.

For more information on your consumer rights, read our articles Shopping Online: Knowing Your Rights and Your Rights When Buying Goods Abroad.