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Taking action

If you've received less than expected in a purchase don't just write it off - here's how to take action.


Making a complaint

  • Go back to the shop as soon as possible, taking the goods with you if you can. If you cannot get to the shop quickly, telephone instead.
  • Take the receipt or other proof of purchase, such as a credit card slip or cheque stub, if you have one.
  • Ask for the manager, explain the problem and say what you want done.
  • If you are not satisfied with the outcome, write to the customer services manager or the chairman, at the head office if there is one. If you still do not get anywhere, you may think about whether you want to take the matter to court.

Telephoning

  • Make a note of what you want to say.
  • Have relevant receipts or documents ready.
  • Get the name of the person you speak to.
  • Note the time and date and what is said.
  • Follow up your complaint with a letter, particularly if you have a serious complaint.
  • Describe the goods, where and when you bought them and how much they cost.
  • Explain the problem, any action you have taken so far, who you dealt with and what happened.
  • Say what you want done, for example, a refund or repair.
  • Consider using special delivery so you can easily check that your letter has been delivered.
  • Keep copies of anything you send. Don.t send original documents such as receipts and guarantees - send copies.

Going to court

If all else fails, you can go to court to sue for the return of your money or for compensation. Before doing this, you may want to get an opinion on whether you have a good case. This can be obtained from a solicitor. Some work in law centres or advice agencies which offer free advice. Many solicitors in private practice offer low-cost initial interviews. Your local Citizens Advice Bureau can help you find such a solicitor.

If your claim is for £3,000 or less, you can use the small claims procedure. This is quite informal and usually held in private, without solicitors. Even if you lose you will not have to pay your opponent's legal costs. The only exception to this is if the court thinks that you caused wasted costs, for example, by making a wholly unreasonable claim or not attending the hearing.

You fill in a summons form, giving brief details of your claim, and take or send it to your local county court. There is a fee of 10p per pound claimed, with a minimum fee of £10. If your claim is between £1,000 and £3,000, the fee is £65. This is paid by your opponent if you win your case. The court will 'serve' the summons on the defendant and tell you what to do next.

Forms are available from the court office together with an information booklet. Some bookshops sell advice packs which include the forms.

You can get advice, leaflets explaining the court procedure and help filling in the forms from a citizens advice bureau or consumer advice centre. Some of these can also provide free legal advice, and possibly someone to go to court with you.



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