Every day we contract different services and acquire products and the usual thing is that everything develops normally, but in some situations a conflict may arise. The causes can be as varied as that a defective product has been delivered to us and they do not accept the return, that the clerk has not treated us with respect or that the establishment is not in optimal conditions to be open to the public. It is then that we may need to make a written claim.
What is a claim and who can file it?
This is a communication in which a consumer addresses the Public Administration responsible for Consumer Affairs to report that there has been a conflict between him and the company or professional who has sold him a product or provided him with a service. What is sought is that the Administration mediates to obtain a solution or compensation. The claim can be filed by anyone acting as the end consumer.
How is the claim made?
When the conflict arises, the first thing you have to do is try to find a friendly solution. You can talk calmly with the clerk or with the company’s customer service.
If you cannot reach an agreement, you can request a Complaint Form at the establishment. According to Decree 142/2014, of July 1, establishments open to the public are required to have this type of Sheets and to supply them to anyone who requests them.
It is a set of carbonless paper forms. One copy will be for the entrepreneur and another for the consumer. It also includes a series of instructions on how to fill it out.
The best thing is that you fill out the Complaint Form in the establishment and deliver your copy to the employer. The copy that you keep must be presented to the Consumer Office of your place of residence.
Steps to make the claim in writing
There are certain data that can never be missing in a claim and they are the following:
- Name, address, DNI of the declarant (you) and means of contact (generally telephone and email).
- Trade name, company name, NIF, address and telephone number of the company against which you are filing the claim.
- Brief and concise description of the facts that have given rise to the claim.
- Compensation or solution you want for the conflict.
Although there are situations that can be very complex, it is always better for the claim to be presented in the simplest way possible, limiting it to what is truly important.
It is also important that together with the claim you present those documents that may be important in order to resolve it, for example the purchase receipt.
What if they do not provide me with a claim form?
In the event that the commercial establishment refuses to give you the Complaint Sheet, or if it is a purchase in a virtual store, you can make a claim document on your own and send a copy of it to both the business and professional in front of which you claim as the consumer agency.
In order for your claim to be recorded, it would be a good idea to send the communication to the company through a burofax.
Currently, many of the consumer organizations allow you to download a Complaint Sheet on their website so that you can fill it out and present it physically and even electronically, which speeds up the procedures.