From Lawpack's Leaves on the Line!
1. Know what you want
Think through what you want to achieve by complaining. You may just want to sound off, in the hope that someone will listen. Perhaps you'd like to see a complete policy change to benefit everyone. Or maybe all you want is for things to be put right and for a decent service. Is it compensation you're after, or at least a refund? Perhaps you want them to be punished, by either reprimand or disciplinary action. Maybe just an apology will suffice?
You may want several of these outcomes at once, but if you know what you are looking for, you've got a better chance of getting it.
2. Know where you stand
Unless your complaint is minor it's worth knowing where you stand. You don't need to be a lawyer, but it helps if you show that you know your basic rights and entitlements and that you are familiar with any relevant code of practice or customer charter. Most staff don't want to be seen to be breaking their own rules unless it is to your benefit. There's another advantage of knowing your rights: if it turns out you have none, at least you will know that you only have your charm to rely on!
3. Go by the book
Follow the company's complaints procedures and make sure that you complain to the right person. Many companies have their own complaints procedure which they will provide if you ask for it and some professions, such as solicitors, are obliged to have them and provide you with details. Make sure that you know what the procedure is so that you (and they) can follow it. Unless your complaint is very serious, if you jump the earlier stages and complain directly to someone very high up in the organisation, your protests will probably be ignored and you may antagonise the people lower down for complaining over their heads.
4. Know when to stop
Early on, you will probably know whether you are in for a long battle. Your complaint will hopefully be resolved quickly and easily at the first stage, but be warned that if you have to take the complaint further, it may take weeks, even months, before a final decision is made. Success cannot be guaranteed. If it's going to be a long haul, it's a good idea to keep a sense of perspective - don't get drawn in for the sake of it. Ask yourself whether the time and effort will be worth it in the end.
5. Prove your point
You will need to back up your complaint with relevant information, such as details of the incident, identities of anyone involved (if known), any reference numbers, times, dates, receipts and bills. Have any witnesses to hand in case they are needed. For some long-running problems, keep a journal of events. Other evidence such as photographs may well help. Also, if you are pursuing a complaint via new avenues, you will need to present evidence of how your complaint has been dealt with so far, so keep a file.
6. Put it in writing
A phone call or personal visit is often the most effective way of lodging a complaint, but unless it resolves the problem instantly, you should always follow it up in writing. This serves as evidence that you have complained and it may help in the event of your case going further, or to court or arbitration. Keep copies of all your letters or emails, and keep a diary of all phone conversations.
7. Control your anger
Effective complaining is all about channelling your anger in the right way. Getting aggressive does not usually help your case. You will make a personal enemy of the staff member, and he may not be to blame anyway. Quiet assertiveness usually works best. The point is always to give the impression of utter reasonableness, taking a 'you know it makes sense' line. This way you will not lose the 'moral high ground'. It often makes an impact if you ask the person to whom you are complaining 'what would you do in my shoes' or 'how do you think you would feel in my situation'. It may make him more empathetic and thus more willing to help put things right.
8. Contact any appropriate supervising/regulatory body
Many organisations have a supervising or regulatory body which will investigate any complaint you have about one of its members where that member has not dealt with your complaint appropriately and in some cases award compensation (e.g. the Law Society for Solicitors, the Office of the Banking Ombudsman or the Financial Services Authority for banks, building societies, etc. and Oftel for telephone providers). Find out the appropriate body for your complaint and first of all threaten to make the complaint to the supervisory body as a means of getting the company to take your complaint seriously or, in the event that they do not deal with your complaint satisfactorily, make the complaint to the supervisory body direct.
9. Keep to time
You may lose your right to complain if you leave it too late. The best advice is to complain immediately when you realise there's a problem, but always check on any time limits because it's easy to miss them if you are waiting on something else (e.g. a reply to a letter). In some cases, time limits can be extended, but it's best to avoid wasting time arguing for such concessions.
10. Think before saying 'yes'
You may be made an offer, but is it really too good to refuse? Are there any hidden implications? Could you get any more by complaining further? Once you have accepted such an offer you cannot normally go back and ask for more. If you have any doubts, take advice before accepting.
Take care not to jeopardise your case unwittingly by agreeing to do something which you could later be bound by. Put in writing that you are taking a course of action (e.g. making a payment) 'under protest' and 'without prejudice to my legal rights'. This will safeguard you in case you decide to take legal action later.
1 March, 2006