How to complain to companies FAQs
Company denies responsibility
I bought a DVD player that was faulty. But when I complained, the company said that it was nothing to do with them and to contact the manufacturer. Is this right?
No, the retailer is responsible for dealing with problems with things it sells, not the manufacturer. But retailers sometimes try to pass you on to the manufacturer, or tell you to claim on the manufacturer’s guarantee. Claiming on a guarantee may be fine, but the ultimate responsibility for sorting out problems lies with the retailer.
Fit for purpose
I bought some shoes for my five-year-old and they fell apart after a few weeks. The shop said that it was my child’s fault for not looking after them properly! Surely I should expect shoes to last longer than three weeks?
Yes, under the Sale of Goods Act 1979 you should expect a pair of children’s shoes to be ‘fit for the purpose’. So they should be able to withstand the rough and tumble of the playground.
Don’t let the shop fob you off. Go back to them and tell them that the shoes weren’t fit for purpose. If they still refuse to take responsibility, put your complaint in writing (see our 'Sample letters' page) and demand a refund, repair or replacement.
No response
I had some work carried out by a building company which was very poor. I’ve tried calling and writing to them to ask them to fix it, but they don’t answer. What can I do?
Send a final letter before taking action explaining your problem and saying that you will start legal proceedings if it does not respond to your letter within 14 days. Make sure that it complies with the Practice Direction on Pre-Action Conduct, which should be looked upon as a form of best practice, otherwise the court could impose sanctions for failure to comply with the Practice Direction.
Basically the Practice Direction on Pre-Action Conduct sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court. The parties should be open about their claim and defence and shouldn’t hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR), which is open to them that could resolve the dispute rather than going to court.
Make sure that you are addressing the letter to the right person and you have the right address.
Send the letter recorded delivery so you have proof that it was received.
We have produced a template letter, in accordance with the Civil Procedure Pre-Action Protocol 'A letter before action' that you can view and download here.
Company has gone bust
I bought a sofa that had some torn seams on the fabric, but the company is not responding to my letters and I’ve heard that it might have gone out of business. Is there anything else I can do to get my money back?
If a company fails to deal with your problem (whether or not it’s gone out of business), you have protection if you paid for the item on your credit card (or with finance arranged by the retailer). Under section 75 of the Consumer Credit Act the credit company is ‘jointly and severally liable’ for any breaches of contract. This means that you can ask them to refund you, or compensate you for repairs instead of the company in question.
The items must be worth more than £100 and not more than £30,000.
But if the company has gone out of business, and you didn’t pay with your card you’ll have to register a claim with the insolvency practitioner or administrators (See our report on what to do in the event of company bankruptcy)