If There Are Consumer Problems: Difference between revisions
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{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= March 2017}}{{Consumer Law Essentials TOC}} | {{REVIEWEDPLS | reviewer = [[People's Law School]]|date= March 2017}}{{Consumer Law Essentials TOC}} | ||
Sometimes the TV you just bought doesn’t work. Or the house painter you hired is doing a lousy job. What can you do? | Sometimes the TV you just bought doesn’t work. Or the house painter you hired is doing a lousy job. What can you do? | ||
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=== If the seller misled you=== | === If the seller misled you=== | ||
A seller is not allowed to mislead you to convince you to buy something. If you relied on a representation by the seller that was misleading or deceiving, you may be able to cancel the contract if the representation related to a condition in the contract. | A seller is not allowed to mislead you to convince you to buy something. If you relied on a representation by the seller that was misleading or deceiving, you may be able to cancel the contract if the representation related to a condition in the contract. | ||
If the representation related to a non-essential term of the contract, you would be entitled to damages to compensate you for any loss you suffered. | If the representation related to a non-essential term of the contract, you would be entitled to damages to compensate you for any loss you suffered. | ||
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=== If you change your mind=== | === If you change your mind=== | ||
With some purchases and contracts, you can change your mind during a | With some purchases and contracts, you can change your mind during a "'''cooling-off period'''" (see the section "[[Making a Purchase]]"). | ||
If you decide you do not want to go ahead with a purchase or contract during the cooling-off period, you need to give the other party written notice telling them this. Once they get the notice, you have no further legal obligations under the contract. | If you decide you do not want to go ahead with a purchase or contract during the cooling-off period, you need to give the other party written notice telling them this. Once they get the notice, you have no further legal obligations under the contract. | ||
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== Step 2. Collect your information== | == Step 2. Collect your information== | ||
Collect information related to the purchase or contract. | Collect information related to the purchase or contract. | ||
Collect copies of any documents, such as any contract, receipts, correspondence, advertising, or | |||
Collect copies of any documents, such as any contract, receipts, correspondence, advertising, or warranties. | |||
Prepare notes of the problem. Include: | Prepare notes of the problem. Include: | ||
* details of the problem, including when you first noticed it | * details of the problem, including when you first noticed it | ||
* anything the other party said that you relied on in making the purchase or contract | * anything the other party said that you relied on in making the purchase or contract | ||
* what outcome you are seeking | * what outcome you are seeking | ||
== Step 3. Contact the other party== | |||
Start by finding the right person to talk to about the problem. When there is a complaints department, use it. When there isn't, talk to someone in authority, such as a manager or owner. | Start by finding the right person to talk to about the problem. When there is a complaints department, use it. When there isn't, talk to someone in authority, such as a manager or owner. | ||
You could start with something like this: | You could start with something like this: | ||
::''"My name is __________. I would like to make a complaint about a product I bought from your company. Could you direct me to the person who handles complaints?"'' | |||
They may say that you have to make your complaint in writing. If they do, ask for the name and address you are to send the written complaint to. | They may say that you have to make your complaint in writing. If they do, ask for the name and address you are to send the written complaint to. | ||
When you find the right person to talk to, clearly explain your problem. Be firm and businesslike, but polite. You can say something like this: | When you find the right person to talk to, clearly explain your problem. Be firm and businesslike, but polite. You can say something like this: | ||
::''"I bought a _________________ on ____________ [date], at ____________ [location]. I am contacting you because the product: [choose one]'' | |||
* ''is not working right'' | ::* ''is not working right'' | ||
* ''cannot do what it is meant to do'' | ::* ''cannot do what it is meant to do'' | ||
* ''was not delivered'' | ::* ''was not delivered"'' | ||
Let them know you understand what you’re entitled to. Tell them what you want them to do to resolve the problem. You can say something like this: | Let them know you understand what you’re entitled to. Tell them what you want them to do to resolve the problem. You can say something like this: | ||
::''"I think it is only fair that you: [choose one]'' | |||
* ''provide me with a refund'' | ::* ''provide me with a refund'' | ||
* ''replace the product'' | ::* ''replace the product'' | ||
* ''repair the product free of charge'' | ::* ''repair the product free of charge"'' | ||
The person may agree to do what you suggest. In this case, ask '''when''' they will do this. Ask them for their name so you can refer to the conversation later. Follow-up with a written note confirming what was agreed to. | The person may agree to do what you suggest. In this case, ask '''when''' they will do this. Ask them for their name so you can refer to the conversation later. Follow-up with a written note confirming what was agreed to. | ||
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* what you want them to do to resolve the problem | * what you want them to do to resolve the problem | ||
You should give a time frame for them to address the problem. Usually 10 working days is sufficient. You can write something like this: | You should give a time frame for them to address the problem. Usually 10 working days is sufficient. You can write something like this: | ||
::''"I look forward to your reply and to resolving the problem, and will wait until ___________________ [date] before taking my next step. Please contact me as soon as possible at the above address or by telephone at ____________."'' | |||
You can also say what you will do next if they do not address the problem. For example, you might say that your next step will be to file a complaint with the Better Business Bureau or Consumer Protection BC, or to seek legal advice. | You can also say what you will do next if they do not address the problem. For example, you might say that your next step will be to file a complaint with the Better Business Bureau or Consumer Protection BC, or to seek legal advice. | ||
{{PLSTipsbox | {{PLSTipsbox | ||
| text = See www.peopleslawschool.ca for letter templates and further tips on how to write a complaint letter. | | text = See [http://www.peopleslawschool.ca www.peopleslawschool.ca] for letter templates and further tips on how to write a complaint letter. | ||
}} | }} | ||
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Another option is the Better Business Bureau, which receives complaints about local businesses. | Another option is the Better Business Bureau, which receives complaints about local businesses. | ||
See the | See the "[[Where to Get Help for Consumer Law Essentials|Where to Get Help]]" section for contact details. | ||
== Step 6. Consider legal action== | == Step 6. Consider legal action== | ||
If you cannot solve the problem with the above steps, your next step may be to take legal action. You can consider suing the other party for breach of contract. If you decide to sue, note that there are time limitations on filing lawsuits. | If you cannot solve the problem with the above steps, your next step may be to take legal action. You can consider suing the other party for breach of contract. If you decide to sue, note that there are time limitations on filing lawsuits. | ||
For options for free or low cost legal help, see the | For options for free or low cost legal help, see the "[[Where to Get Help for Consumer Law Essentials|Where to Get Help]]" section. | ||
{{PLSTipsbox | {{PLSTipsbox | ||
| text = See www.peopleslawschool.ca for information about options in bringing a legal action. | | text = See [http://www.peopleslawschool.ca www.peopleslawschool.ca] for information about options in bringing a legal action. | ||
}} | }} | ||
