Making your complaint count
How to stand up against big corporations
“There is no point in complaining.”
“There is no such thing as bad advertising.”
If these are ‘truisms’ where do we go from here?
I have dealt firmly with errant suppliers of goods and services over many years, and on occasions I have successfully used the Small Claims track of the County Court (England and Wales), bringing companies to book.
I have always represented myself, and gained enough experience to confidently, and successfully oppose defendants’ solicitors.
In the United States the system differs, as indeed it may in Scotland. In a private conversation with a Federal Judge in Utah some years ago, I was informed that a layperson does not have to oppose a lawyer in a small claims court as there they operate a level playing field; lawyers are not allowed to be present at their hearings.
Unfortunately our County Court Small Claims Track is now far less functional than was previously the case, due to the reduction of staff and shorter opening hours. The backlog of cases appear to put the judges under enormous pressure which lead to long delays in cases being heard. Court costs have also risen increasing the risk involved if the case is lost.
The standard complaints procedure
Many of you will be familiar with the standard complaints procedure used by many companies. Normally a ‘standard’ letter comes in reply to a letter of complaint which promises a full response within several weeks. The reply may be a ‘standard’ response; boilerplate text with tailored sentences where appropriate. In most cases the reply will either claim action has been taken to rectify the problem, deny your points or simply ignore them: And thank you for your concern!
At this point you may decide to abandon the complaint with good reason. If you decide to go to court the rest is not history, it is your future, and for several months. The County Court route is very lengthy, tedious and not without financial risk. Further more, it will only make a personal difference if you win, as the hearing is ‘in camera’ so few people will know. Big business is very aware of the game and can play it as they choose, and at minimum cost. Together, we could change the game.
Opening the book on success
As two examples of success, I’d like to share my latest cases; one against Jet2.com Ltd and the other against Jet2Holidays, two separate entities.
Jet2.com — Flight tax is yours not theirs to keep
I had to cancel a flight to Majorca booked with Jet2.com due to a family illness, and I claimed on travel insurance for the loss. The cost was recovered on the the policy with the exception of the flight tax. I was informed by the insurance company that the tax was refundable from Jet2.com.
I claimed for the £68 and Jet2.com replied with, ‘the £28 is not recoverable, and the balance of £40 could be refunded but there would be an administration charge’. I asked how much, and I was instantly quoted £40! Jet2 had lit the touchpaper. It was now necessary to secure a court judgment because if the tax was no longer due to HMRC it should be returned. If a retailer makes a refund it does not retain the vat element of the transaction or make an administration charge. The money clearly belonged to me.
Judgment on this case was made for £68 and costs of £55. It was ordered that the defendant Jet2.com Ltd pay the sum of £123. Dated 16 June 2010.
Does any airline owe you for tax withheld and/or an administration fee refund?
Jet2Holidays Ltd — 5 star isn’t 5 star (as we know it)
My most recent case was against Jet2Holidays Ltd regarding the standard of hotel, and I questioned the star rating system. A British company selling Package Holidays to British citizens using star ratings as a guide to what customers should expect, the number of stars ought to be meaningful. However, at the hearing the judge said I should not expect four or five star rated hotels in Tenerife to be as high a standard as four or five star hotels in Barcelona or the UK (comparisons I had made)!
Will that comment by the judge be seen by Jet2 et al, as a green light on their star ratings? What then is the actual measure of the standard advertised? A conundrum still awaiting an answer.
It was ordered that the claimant recover against the defendant the sum of £673.31 for debt (over 50% of the claim) plus the sum of £190 for cost amounting together to the sum of £863.31 Dated 10 February 2014.
Have you been hit by a falling star? Have you assessed your holiday hotel rating?
Where from here?
I’m keen to see better opportunities explored for the foregoing problems, by combining our forces to secure more transparent deals, which could remove the apprehension of accommodation and reduce the stress of holiday blues!
State your case in an open letter here on Medium, after receiving an unhelpful reply from the company in question. Once published, send us a link to the article via twitter and we’ll add it to the ‘Quizzem4u’ Medium Collection.
Publicise the article on your social networks, to encourage a full public response and collect the thoughts of others. Publish the responses you receive and your progress, documenting the journey, the support and the outcome.
An exchange of questions and answers online could produce an effective conclusion. Posing questions and inviting answers from companies, or support from other consumers could result in enhanced outcomes by encouraging transparency and less hokum from suppliers. Further more, it will act as a ‘knowledge base’ for others to reference when dealing with similar problems and cases — especially useful for potential court cases.
It is essential that we show that we are alert and aware; and analyse the practices of companies to ensure that we get fair deals across the board.
I plan to publish other pieces soon, but in the meantime I’d love to hear your thoughts on how this procedure might work for you. Please comment on this piece directly or you can find me on Twitter @Quizzem4u.
