Making the Connection: Strategies to Build Effective Personal Relationships (Collection) (17 page)

• Ensure any builder, plumber, or electrician, etc., is part of a professional organization.

Prepare for the complaint

If, despite your efforts, things have gone wrong and you need to complain remember Golden Rule 1: be prepared.

• Be very clear in your mind what it is you’re complaining about. Complaining that a hotel is “awful” will not get you anywhere. You need to be precise in your complaints.

• Make sure you know all the things that are wrong with a product. Have all the relevant information on hand. You’ll need to know when and where you bought the product and its details.

• Think in advance about what compensation you want. Is a full refund going to cover all your costs or did you suffer other expenses as a result of the problem?

Complain politely

It’s natural to feel annoyed if you think you’ve been sold shoddy goods or received an inadequate service. But your argument will be far more effective if you are polite. Remember that the person you’re talking to is often not themselves at fault, they are merely representatives of the company. Remember the example of Jonathan earlier? He vented his anger but it got him nowhere near getting a refund.

• Using the person’s name can be polite and ensure personal service. So if you’re talking on the phone to a company or talking to a representative find out what their name is and use it. It helps create rapport. Show that you are a real person with real problems, not just a “complaining customer.”

• When you come around to setting out your complaint, refer to the company. If you’re talking to a representative of a bank, saying “I feel X Bank should reimburse this charge” is far more likely to be effective than saying, “I feel you should reimburse this charge.” You want to keep on good terms with the person you’re talking to, even if you’re in dispute with their company.

• Try to be positive. “Your company has provided excellent service in the past. I’m really pleased with your product, but there’s no getting away from the fact that it was late. Don’t you agree that the lateness of delivery was well below the standard that you normally achieve?”

Be reasonable

Come across as being reasonable. An outrageous demand is unlikely to succeed. Asking for $3,000 to compensate you for the tummy upset caused by the prawns you bought from the local supermarket is only going to make you look silly.

Useful examples

“Of course I don’t expect a full refund, because the goods are of good quality. However, I have lost money as a result of the late delivery.”

“When my groceries were delivered today there were unripe avocados in the bag. I bought them for a dinner party I’m giving tonight and now I’m stuck. I would like a refund of the cost of the avocados, please.”

Seek a result that is going to be realistic and reasonable to both sides. If you’re arguing with a plumber you cannot expect him to spend 24 hours a day on your job. If you show that you recognize he has other customers you’re more likely to win him around.

Make compensating you beneficial to the company

You’ll make the job of complaining about the product or service easier if you can show the business they will gain from compensating you.

Useful examples

“Look, I’m always telling my friends what a great company you are to deal with. I must have passed lots of business your way, but I won’t be able to talk of your company in glowing terms in the future if you’re unable to recognize this wrong.”

“How about you give me $10 off my next order? Otherwise I might look to use another retailer next time.”

Do be a bit careful with the last one. If you are entitled to $10 back, accepting $10 off your next order may not be a good deal at all. Only accept a “money back off next purchase” offer if you will definitely use it, and only if it is more than you think you will get in terms of a straightforward refund.

Making proposals that seem to evolve from the conversation rather than as a demand from you may make the request for compensation more attractive.

Useful example

“Well, I wonder if we can agree on the following. The goods were unfortunately unsatisfactory and therefore Smith & Co should pay a refund. Does $60 sound like a fair figure?”

A good question to ask is: “What is the reason why you don’t want to compensate/reimburse me?” This approach operates on what lawyers call the burden of proof (we talked about this in Golden Rule 3, remember). Rather than you having to explain why you deserve compensation, the company is put in the position of explaining why they should not compensate you.

It might also be helpful to ask the company questions:

“I just want to make sure I have understood the position: do you agree that the goods were delivered late? Do you agree that as a result I lost $60 of business and suffered considerable inconvenience?”

The hope is that in answering these questions the justice of your demand becomes obvious.

Remember, you must try to understand the position of the person you’re talking to. Key questions will be whether you are legally entitled to what you are claiming or whether you are asking for something as a gesture of goodwill. If the latter, you need to show the company why reimbursing you would make economic sense:

“I have had a credit card with your company for three years. I believe the charges you have put on my card are unreasonable. If you do not refund me the charges, I will change to a different credit card company.”

It can also be helpful to use “what” questions. So rather than “why” has a company decided something ask: “
What
are the reasons for your decision?” And rather than “
Why
can’t you deliver the goods?” ask “Under
what
circumstances can you deliver the goods?”

Who to complain to?

Sometimes it’s difficult to know who to complain to: the shop? the manufacturer? some professional organization? There are two key factors to consider:

• Which is the most convenient for you?

• What is most likely to produce a good result?

Sometimes shops try to palm off complaints from customers by telling them to contact the manufacturer. You don’t have to do this. After all, you paid your money to the shop and legally you have a contract with the shop, not the manufacturer. They can get in touch with the manufacturer if they want to. However, if the goods have failed some time after the purchase, or if what you want is a repair rather than a refund, you are likely to have more luck with the manufacturer.

A key issue is often whether the goods were defective when you bought them or whether they became defective because you mistreated them in some way. The quicker you can make your complaint the harder it will be for the shop to suggest that the problem is your fault or that the problem is “wear and tear.” So, if something has gone wrong with a product or a service, get in touch with the provider as quickly as possible. If it’s something like an unsatisfactory visit to a hotel it’s best to complain there and then.

Basic legal rights

This book is not able to set out all the guidelines on unsatisfactory sales; such a book would be enormous. And very expensive. But here are some of the main principles:

• All goods bought should comply with three requirements: they must be as described, fit for purpose, and of satisfactory quality.

• Satisfactory quality means that they reach the standard that a person would regard as satisfactory bearing in mind the price and description. The reference to price here is important. If you buy a cheap product you cannot expect the same standard as if you bought a very expensive one.

• It is the seller who is usually responsible if the goods do not comply with the three requirements. Purchasers are entitled to request their money back “within a reasonable length of time.” Notice you are entitled to your money back: you don’t have to accept a replacement, unless you want to.

• Generally it is the purchaser who must assume the goods were faulty.

• In the case of services, these should be provided with reasonable care and skill. If the work is not done with reasonable care and skill the work must be put right at no extra cost. If that is not done you can ask someone else to do the work and claim the cost from the original provider.

• If you paid for the goods or services by credit card you may be entitled to a refund from the credit card company if there are difficulties in dealing with the supplier of the goods or services.

Keep records

If you’re embarking on a complaint it’s worth keeping as much evidence as you can. Keep a copy of your letters and any replies. Write a note of any conversation you have had. Take photographs of the faulty goods or shoddy work on your property.

Go to the top

If your complaint is a serious one and you’re not getting a rapid response it’s worth going to the top. Write to the head of customer services and send a copy to the chief executive. The details of who these people are should be easily found on a company’s website. If you don’t receive an appropriate response within 14 days, write to the chief executive again.

Getting help

If you feel you need assistance, the local Better Business Bureau may be able to help. If there are significant sums of money concerned using a lawyer may be necessary. Many newspapers have pages that take up readers” concerns and this might be an avenue to explore. There are television shows devoted to shoddy workmanship or faulty goods. You could even contact local political leaders if it is an issue that affects others as well, or if a great harm has been done to you as a result of the bad goods or service.

Another route is to complain to a professional organization. This is appropriate if you have been badly treated by someone who belongs to one of these. For example, lawyers are accountable to the bar association.

Getting it right

Jonathan:   “Hello, is that Clogs?”

Tina:          “Good morning, sir. I’m Tina. Can I help you?”

Jonathan:   “Well, Tina, I bought a pair of shoes at Clogs yesterday and wore them for the first time yesterday afternoon. And you won’t believe it, the sole came off on the first outing. I was only taking my daughter for a walk in the park.”

Tina:          “I’m sorry to hear that. Do you have the receipt?”

Jonathan:   “I do, and photographs.”

Tina:          “Well, if you can bring them in we can do a repair.”

Jonathan:   “Actually, Tina, I would rather have my money back. I’m not sure a repaired shoe is as good as a new one. I should add I’m always singing your praises to my friends.”

Tina:          “Sir, it sounds as if you are entitled to a refund. In fact, if you ask for me when you come into the shop I will deal with this myself and see if we can’t give you a voucher as well as a refund.”

Jonathan:   “That sounds great.”

Summary

When complaining about goods and services be polite and firm. Get a clear picture in your mind about what is wrong and how that can be rectified. Be reasonable in your demands. When dealing with the company try to keep a good relationship with the person you’re dealing with. If necessary go to the top of the
firm. Don’t forget there are other organizations who may be able to help you if you are not satisfied with the response from the people you have dealt with.

In practice

If you have a complaint with a business, talk to anyone you know who has been in the same position and see if you can find out helpful tips. Make sure you have an accurate record of all the details of your complaint. Keep calm and keep it all in perspective!

Chapter 15. How to get what you want from an expert

Some of the most difficult arguments arise when dealing with an expert: a head teacher, banker or doctor, for example. Inevitably you feel that they have expertise you don’t and this puts you at a disadvantage. However, if they’re making a decision you feel is wrong it’s important to stand up for yourself. Arguing with a professional requires some specialist techniques.

Getting it wrong

Doctor:   “I’m not sure why you’re here again. I told you last week that you’re fine and there’s nothing wrong with you.”

Sam:       “Yes, but Doctor I still feel unwell.”

Doctor:   “Well, I examined you thoroughly last week and there was nothing wrong.”

Sam:       “But I don’t feel well.”

Doctor:   “I’m afraid there’s nothing I can do.”

Sam:       “I feel worse than last week.”

Doctor:   “Sam, I have a lot of patients waiting for me.”