Why you should write not ‘phone to complain effectively

phoneWriting v ‘phoning complaints

 

 

As many of you who follow this blog know, I always advocate putting your complaints in writing as one my Top Tips for effective complaining. You have evidence that you contacted the company, you can take your time to think about what you want to say, you can bullet point your issues, you can take out emotion, you can go back to it and rewrite until you are happy to send it and you have evidence of what they have or have not said to you (and that makes it hard for a retailer/service provider to deny and certainly going to an ADR scheme or Small Claims Court is made a lot easier with proof!) I had many appendices when I took Tesco to court! Writing means you aren’t left on the ‘phone waiting to get through to people at call centres where a lot of other issues come into play too! Many people who ask me for help with complaints have struggled because they have been phoning and not writing and don’t have a trail.

Recording calls & the law

I often hear people saying that  they can record calls and that they will take this to an ADR scheme or Small Claims Court. Be careful here of what you can do! The interception, recording and monitoring of telephone calls is governed by a number of different pieces of UK legislation. It all points to it may be it may not! The guidance you get may be after you have made the call when it is too late.

  • The ICO (Information Commissioner’s Office) has no guidance on its website but when I emailed them to ask for guidance I was told:
    “Admittance of any type of evidence in a court case is decided based on the rules of the court. So whether any call recordings (either recorded for personal use or by a company when they have informed you they are recording calls) can be used in court is entirely up to the judge on a case by case basis. If you are going to court then it would be advisable to speak to your solicitor about it or if you are representing yourself then the court clerk may be able to advise you.”
  • The Justice department, (Your rights and the law)  said it could not provide legal advice.
  • Ofcom give this guidance on recording calls. This says that you can record calls for your own use and if you want to use to share with a third party (such as ADR or SCC) you must ask the person you are calling for their consent. This could be refused in which case you will not be able to use. However, when emailed to give more guidance on whether ‘phone calls can be used in court Ofcom said “I’m afraid we’re not able to give guidance on his matter.”

Therefore, think carefully before ringing as you may not have the evidence you need should you need to take the matter further. I also think that the difficulties of proving what was said in phone calls is a reason that many companies make it so difficult to email! Don’t be beaten because you can always email the CEO – find the address of any CEO here.

Although you should be careful of recording the call, if the company has said it is recording the call for purposes such as training you should be able to get a copy. You can make a Subject Access Request. The company must give you a copy of everything they have to do with you. They must do this for free, The company can only charge a fee to cover administrative costs if the request is manifestly unfounded or excessive. That is unlikely in most cases, particularly as part of a complaint.

Tips if you have to ‘phone to complain

However, sometimes you need to ‘phone as it is urgent. What do you need to bear in mind?

  • Write down exactly what you want to say before you pick up the ‘phone, which will mean that you are prepared.
  • Take a note of the date and time you started and finished the call
  • Be polite, if you aren’t you risk the customer services representative refusing to speak to you
  • Ensure you get the name of the person to whom you are talking, first and second name
  • Quote relevant Acts where necessary. If you are not receiving services undertaken with reasonable skill and care and that includes over the ‘phone, then say that they are in breach of the Consumer Rights Act 2015.
  • Ask the person to whom you are talking to put what has been agreed in writing preferably by email and whilst you are on the ‘phone.
  • Read this post about call centres!

But you CAN still write to complain… we have a weapon…

You can write the CEO. Find the details at https://ceoemail.com/. You won’t usually get a personal reply, but you will get one from the Executive team. You can add into the email complaint how appalling it is that in this day and age they make it so difficult to contact them!

Then there is social media, more on that here.

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

See 20 Top Tips on How to complain effectively and for loads more advice, tips, information, guidance, examples of complaining effectively and templates see How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

Make sure your holiday in the sun doesn’t burn a hole in your pocket

Blue Monday is over and people are thinking about holidays, but with the multitude of ways in ways in which people can book we need to be much more careful of how we book with whom and be aware of consumer rights.

Make sure your holiday in the sun doesn’t burn a hole in your pocket

With the weather so cold and adverts for holidays upon us, our thoughts turn to booking holidays in warmer places in the busiest time for travel agents. But as they all compete and more choice is available on how to book, including through sites not based in the EU, what do we need to look out for?

 

Booking through companies not based in UK

Helen Dewdney, The Complaining Cow, blogger and author of How to Complain: The Essential Guide to Getting Refunds, Redress and Results! has come across many people who have fallen foul of travel agents or companies making themselves looking like one which are not based in the UK. For example,  Susan booked accommodation with Booking.com at the cost of £357.50. The company cancelled less than 24 hours before the trip because the hotel was ‘overbooked’. Susan only discovered that the alternative accommodation didn’t exist when she arrived in London. She had to pay a further £900 to stay in inconvenient accommodation, resulting in numerous taxi and bus fares.  The company told Susan to email them and attach invoices and receipts, but she did not get a response, refund or even an apology. She was also £982.50 out of pocket. She eventually got her money back including out of pocket costs and a goodwill gesture of £250 by quoting relevant laws.

Rip Off Britain Complaining

Robert’s mother had been charged a £30 fee after the booking process on a website that searches for flights then charges an administration fee on top, which she was not told about. The company’s hidden terms and conditions said that a charge could be made but did not provide the amount! Writing to the CEO and quoting relevant EU laws meant he got his money back.

So what are your rights?

Man standing on rock looking out to water your rights when booking a holidays or flights

Your rights booking through a UK or EU-based website

  • ATOL (Air Travel Organisers’ Licence) is a government-run financial protection scheme operated by the Civil Aviation Authority (CAA). All monies you pay for package holidays involving flights and holidays including a flight plus accommodation and/or car hire, must be protected under an ATOL licence
  • ABTA(Association of British Travel Agents) follow a code of conduct, so if they break that you can report them to ABTA.
  • EU Directive 2005/29/EC (for the UK Consumer Protection from Unfair Trading Regulations 2008) when a shopper makes a purchasing decision s/he would have made had s/he been given accurate information or not put under unfair pressure to do so.
  • Section 75A of the Consumer Credit Act 1974, you have a right to be refunded if you make a claim within 6 years (5 in Scotland) for purchases over £100 and less than £30,000. You are covered if you pay as little as 1p but the item costs more than £100. But remember you may be charged a percentage of the cost for a transaction fee, but you can try to pay a small amount on the card and the whole cost will be covered.
  • Purchases bought on debit cards may be covered by this voluntary scheme, the rules set by card issuers such as Mastercard and Visa, check if your bank is covered.

Your rights for holidays booked through UK tour operators

  • Package Travel, Package Holidays and Package Tour Regulations 1992 .The organiser (tour operator) is liable for the failures of hoteliers, suppliers and services within the contract. If the holiday is cancelled, the consumer is entitled to a substitute package of equivalent or superior quality (if the other party to the contract is able to offer such a substitute) or to take a substitute package of lower quality and recover the difference in the price or to have a full refund.
  • From 01 July 2018 the new Package Travel Directive comes into force. This widens the meaning of the word “package” so that more companies will have to abide by the regulations. So anyone that puts together a package for a customer will be responsible for all the elements. Think Expedia etc. the Package Travel and Linked Travel Arrangements 2018 
  • The organiser must not provide mis-leading information and provide details about changes as soon as possible. The consumer is entitled to redress for a variety of things dependent on what regulation has been broken and when.

Your rights for holidays taken in the UK

The Consumer Rights Act 2015 entitles you to services that are carried out with reasonable skill and care and with information given verbally or in writing to the consumer, which is binding where the consumer relies on it.

Dewdney says you should be careful when you book but that you can nearly always get redress, so long as you know your legal rights. “Armed with your rights you can feel more confident that you won’t lose money either in the booking process or if anything goes wrong once on holiday.”

sun setting over water consumer rights, ways to shop around, discounts, alternatives, thinking beyond and searchingShould you have a problem with your holidays see: All you need to know about booking/complaining about holidays/flights

 

 

For more tips, information, advice, your consumer rights and template letters GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!