Taking a retailer to task

[shinrai]

Hi all,

I'm curious about how people have delt with difficult retailers.

You know, the kind that have your money and take months to fix something or change over something.

You know, you call once every week and they have the same long winded excuse every time and you've got that sneeking suspicion that it's total bull.

Has anyone had any success with consumers affairs (in my case Vic) and then VCAT - Victorian Civil and Administrative Tribunal (or you own states equivalent)? I'm right at my limit now and i'm considering a lodging a formal complaint with consumer affairs.

I have no moral issue with dragging their name through the mud if that's what i have to do to get service. I'm just wondering how effective these various bodies are?

Thanks

[riley454]

Hi all,

I'm curious about how people have delt with difficult retailers.

You know, the kind that have your money and take months to fix something or change over something.

You know, you call once every week and they have the same long winded excuse every time and you've got that sneeking suspicion that it's total bull.

Has anyone had any success with consumers affairs (in my case Vic) and then VCAT - Victorian Civil and Administrative Tribunal (or you own states equivalent)? I'm right at my limit now and i'm considering a lodging a formal complaint with consumer affairs.

I have no moral issue with dragging their name through the mud if that's what i have to do to get service. I'm just wondering how effective these various bodies are?

Thanks

<{POST_SNAPBACK}>

You're going the long way to a solution! Just fire-bomb their premises and enjoy the win! :ph34r:

[betty boop]

I think your going the wrong way around too. Just turn up and kick up a stink and refuse to leave till its sorted. If that does not work kick up a stink outside his premises that will get a result pretty quick I'm sure !

[riley454]

I think your going the wrong way around too. Just turn up and kick up a stink and refuse to leave till its sorted. If that does not work kick up a stink outside his premises that will get a result pretty quick I'm sure !

<{POST_SNAPBACK}>

BTW the quickest way to kick up a stink is to fire-bomb their premises

[RJM]

Hi all,

I'm curious about how people have delt with difficult retailers.

You know, the kind that have your money and take months to fix something or change over something.

You know, you call once every week and they have the same long winded excuse every time and you've got that sneeking suspicion that it's total bull.

Has anyone had any success with consumers affairs (in my case Vic) and then VCAT - Victorian Civil and Administrative Tribunal (or you own states equivalent)? I'm right at my limit now and i'm considering a lodging a formal complaint with consumer affairs.

I have no moral issue with dragging their name through the mud if that's what i have to do to get service. I'm just wondering how effective these various bodies are?

Thanks

<{POST_SNAPBACK}>

If you are actually going to go through Consumer Affairs you will probably need some form of documentation to support your claim. Obviously it would be best to have everything in writing, preferably in the form of letters from you and their written replies. I know faxes have been allowed by courts but I think emails are still a bit iffy when it comes to legal evidence. Diary entries would be better than nothing, with the entries noting time and date, names of people you spoke to and some detail of the conversation.

As has been indicated, the squeaky wheel gets oiled first. To some extent it is a waiting game and game of bluff combined. A lot of people get discouraged and give up after just a couple of rounds. I don't know what it is with retailers in general but a lot of them would rather waste hundreds of dollars of their time and effort than refund a lousy five bucks. It should be noted that firebombing is against the law and threats of so doing would also be frowned upon.

Kicking up a stink on site, in a polite, loud but firm manner, should get results but if you have to go through the legal system you could be made out to be unreasonable (or worse) if it gets too heated. I guess you have to decide early in the piece whether you will pursue a certain event to the bitter end or drop it if it becomes too much bother. In the case of the former, start collecting written evidence early.

I have never had to resort to Consumer Affairs or the Office of Fair Trading but have had many successes by implying that's exactly where we will end up if I do not get a reasonable outcome. That's where writing letters shines. They soon get the picture that you are building up a case supported by written evidence. I have had a washing machine and a refrigerator replaced while under warranty and a solar hot water system replaced while out of warranty, by being very persistent in the letter-writing department.

Smaller items are resolved best by just going back with the item repacked and telling them in no uncertain terms why you want a refund or swap as the case may be. Once again, in a polite, loud and firm manner. Preferably at a very busy time for the store. They notice other customers stopping to gawk at the show and realise how bad it looks for them. I've had some customers come up and ask me in front of the poor shop assistant what the problem is with the item in the box I have just plonked on their counter. I love telling them the story over again.

One thing I have learned though is, never complain about petty things in a new car. It will come back not only unfixed but a lot worse. I asked for a rattle in a door to be looked at once. I don't know whether it was incompetence or malice, but the car came back with more rattles and squeaks than you could poke a stick at. A friend of mine had a new car replaced (it was a classic lemon), but it took him over a year and much correspondence, ultimately with the CEO, plus a little bit of publicity for good measure.

Good luck with your cause. You should not have to accept poor service or shoddy goods.

[shinrai]

Thanks greatly for the pointers.

[riley454]

BTW did you consider fire-bombing? :ph34r:

[shinrai]

A bit of an old thread but i've got a small update.

After sending off my forms over Christmas to Consumer affairs, they called me just now and said to me:

* I should be greatful that i had my plasma changed by the retailer in the first place

* and that i should learn to be patient.

That's great Consumer affairs! Like waiting 4 mths already is not enough.

My reatiler did acknowledge to CA what he owes me, so that's a plus.

[zorg1503559539]

well done shinrai - worth perservering.. We are still waiting on an update from a Government Dept and Ombudsman from six months ago......

[mungo brush]

Good luck, shinrai,

I presume that you've escalated all the way up to the owners already?

I often find that sales people try to be helpful but can't (against the the rules - sorry)

Managers try to fob you off (too much trouble)

But owners are business people and can see the potential damage from having an upset customer, and can often be more reasonable.

[billabong33]

No Offence to any "Decent" Retailers but ****! There is some shyte being talked out their.

I walk in and browse about the LCD and plasmas. Someone empoyed there comes up and everything is rosey.

Then I set them up! I tell them I'm intereseted in DTV and they give me the low down. First thing is about how ABC will go 1080i in 4-6 Months. 2nd is the HD Quoters "Just for Ballarat" are being extended to 50 hours a week. He says HD is being up-converted in all regional areas. Next he says all Plasmas and LCD cant support FULL 1080i pictures without comprimise. I laugh and walk out..........

[shinrai]

My retailer is a small concern that has been running for many years. All my dealing have been with the owner.

The trouble is and i see it a lot in my industry, is that a sales person/audio installer will think that they have enough experience to go direct to public. They eventually do and open up a shop but they keep the same attitude which doesn't necessarily translate well to the attributes needed to run a business. In other words, they end up making a mess and then forever trying to clean it up.

Just to have a laugh, consumer affairs said that if i don't get what i want in 2 mths or so i should go out and buy one from someone else and then try and get my $300 back from the the retailer i'm having trouble with.

Yeah, Like i'm going to put myself more out of pocket.

[DavidR]

A bit of an old thread but i've got a small update.

After sending off my forms over Christmas to Consumer affairs, they called me just now and said to me:

* I should be greatful that i had my plasma changed by the retailer in the first place

* and that i should learn to be patient.

That's great Consumer affairs! Like waiting 4 mths already is not enough.

My reatiler did acknowledge to CA what he owes me, so that's a plus.

In my experience, most State consumer affairs branches are totally useless. They will rarely do anything to help you out - they merely tell you what your rights are (like you didn't know that already) and tell you to go back to the retailer, and if that fails you should take them to court, because the law's on your side.

Several times I or friends/family have made complaints and been fobbed off. They will NOT do anything about it. Quite frankly it annoys me to see how our tax dollars are wasted like that.

Most retailers are doing so well that they can afford to have the odd unsatisfied customer, because there are enough plonkers lined up at the door to keep sales churning over.

[Mr.Bitey]

In my experience, most State consumer affairs branches are totally useless. They will rarely do anything to help you out - they merely tell you what your rights are (like you didn't know that already) and tell you to go back to the retailer, and if that fails you should take them to court, because the law's on your side.

I think it depends on what the item/service in dispute is.. If the person at the 'consumer affairs' area doesnt have any idea what your talking about then theyre less likely to help you as they do not understand the specifics of the problem ie. 6 month old lcd's delaminating vs washing machine going bang 2 weeks after you buy it, they'll sort your washing machine out, but wont offer any real help regarding your 6 month old projector..

In my experiance:

Basically - find out your statuatory rights and statuatory conditions from the consumer affair website - make sure you understand them and which ones relate to your specific issue and, use the specific terms when dealing with the retailer:

eg. "I am cancelling my sales contract [recepit number/invoice number] with [company name] for breaching my statuatory conditions [insert specific condition and how the product breaches the condition] and/or statuatory warranty(s) [insert specific] regarding xxxx procuct". Please advise where I can return xxx product and collect my refund.

All the statuatory rights are based on legislation (ie a sales act etc) - unless your legally savvy these are near useless in reading (theyre a mix of legal-speak and old-language style terminology) and you'll find better info on the consumer affairs websites (in plain english). The consumer affairs people should be able to help clarify the specifics of your statuatory rights without necessarily understanding the problems..

Cheers,

Bitey