Claims Form - Consumer Rights

Good article in today's newsletter from Maria about the claim form available in all businesses in Spain, in the event you are unhappy about some aspect of the srevice you receive. Read it here:

http://clicks.aweber.com/y/ct/?l=MbSra&m=1eVDlOtBCXxZ_T&b=EddVtJtxUw.aGwdxSucfsg

Being a cynic by nature, I wonder what  the chances are of a form completed in English (or any other language for that matter) being treated the same as one in Spanish? The problem for most foreigners, even those who speak reasonable Spanish, is that the form has to be filled out on the premises really, and unless you have a dictionary or fluent Spanish speaker with you, that can be a problem for many of us. Any one got any experience to relate?

The only time I tried to use one, was when I was at my wit's end trying to get a certificate of No-Claims Bonus from my car insurer, so I could move my policy to another, taking my NCB with me. Understandably they were reluctant to lose a customer, but after repeated attempts by phone, fax, e-mail etc., including to head office in Barcelona, I went to the issuing office in Malaga and demanded my rights. The staff basically told me to sod off, so I demanded to see the manager, who agreed that his staff were crap, but "it's difficult to find decent staff these days" !!!! I then demanded the reclamation book (complaint forms), only to be told they didn't have one. I said this was illegal, and I would report them to the police, whereupon the smiling manager told me that because they are a "members club", they are not bound by the law requiring "businesses" to have complaints forms. He seemed rather delighted at this trump card. Needless to say I broke both his legs and set fire to the office before leaving in a suitable huff.

All's well that ends well, because RACC (Royal Automobile Club de Catalunya) lost my business (DON'T use them - EVER) and Linea Directa were understanding of my dilemna, and accepted my written word that I had a full NCB, and we have been in a happy, stable relationship for the last 5 years!

 Spam post or abuse? Please let us know

The only real experience I know of was from my parents, 3 years ago at Xmas time, my father bought a digital camera and wanted the photo priniting macgine to go with it. Nowadays they are pretty uni to use but then they had to be specific, so they went to a shop in Fuengirola for it. Guy behiond the counter sold them a machine and promised it was compatible.

Only it wasnt! SO after a long night or angst, they took it back to the shop, boly to be told there was no refund as they had opened the ink cartridge! Well, they did this as they followed the instructions, but THEN found out it wasnt usable with the camera - they had taken the camera to the shop in the first place!

Different guy behind counter says the unit is NOT compatible with the camera, so better they buy the camera to match!

Cue Mother exploding with rage and demanding their book of complaints! (they had their own business so knew what to ask for) They too were told there wasnt one so she went out into the street calling for a policeman! She found one and suddenly the shopw owner found his book!

They had to fill it in in Spanish and take it to the consumers place in the depths of Fuengy somewhere.

I only know this as I had the job of persuading my secretary to translate their statement!

The complaint was lodged and the shop had to respons.

They did get their refund!!!

But they lost loads of hair!

It is serious and will be investigated, Spain is like that, very easy going and laid back, but once a complaint is made they really do go for it like terriers!

 Spam post or abuse? Please let us know

Just out of curiosity, would this form be applicable to builders and REA's too?

Mark

 Spam post or abuse? Please let us know

Im not sure, I think you have to have an establishment, BUT it may be that anyone legally working would be liable to have this, even if they worked from home!

Otherwise you can make a denouncia about a builder and in some cases this can be a criminal offence - if they put up a badly built wall for example!

Then they can be threatened with a prison sentence and the procedure is rather speedy, I am led to believe.

 Spam post or abuse? Please let us know

I am wondering if it is worth asking our solicitor to go to both offices and fill in this form for us? Bad selling practice is bad selling practice irrespective of whether you are buying a packet of fags or a house.

In my current email to MRI, I am asking them if they have this book available, should be an interesting answer .

Mark

 Spam post or abuse? Please let us know

Yes get your lawyer onto it as he will know.

Good luck with MRI - you could also look at reporting them in the UK as well

 Spam post or abuse? Please let us know

As far as I know, any and every registered business activity must have a claims book.

( Rixxy just can't remember where her's is because nobody has ever had cause to ask for it  )

 Spam post or abuse? Please let us know

Awww thanks Roberto! In fact I have had all of one complaint in the 4 years of this business and yes we do have the book even though no ground floor office!

Lady complained we took her property off the website after showing it for 8 months with no viewings! She was advised many times to bring her price down but to no avail.

We put in back up and she was then unhappy we didnt call her every other day to tell he what was happening!!!

Luckily we have loads of satisfied customers, both buyers and sellers alike who appreciate our hard work.

 Spam post or abuse? Please let us know

You should've asked the silly b*tch for her complaints book - even REAs have some rights (don't they?)

2 viewings this week. I feel it's getting warmer........

 Spam post or abuse? Please let us know

Marksfish:

Of course, every company  ( so that every developer in business) and every autonomo proffessional needs to have a complaint book.  In Andalucia that is regulated by a Decree from 1989.

Best,

MAria

 Spam post or abuse? Please let us know

Mark

Keep me informed on this one please.

I am waiting until MRI do my snagging before I take any further action but if this course looks like it could work then I may use it.

We are getting someone else to do the snagging as well because we have no faith in MRI & I am just waiting for MRI to miss something !

Thanks

Noreen

 Spam post or abuse? Please let us know

Hi Noreen

Are you going to use Dave Baxter? I have read some good recommendations from him and his prices are good too.

Thank you for that Maria. I shall pursue the books as we will still be coming over in December.

Mark

 Spam post or abuse? Please let us know

Hi Mark

Yes I think so.

I am going to email Dave today or tomorrow to set up a meeting next week.

We also need to sort out the light fittings & other odd jobs that he can do.

Noreen

 Spam post or abuse? Please let us know

I know a lot of people feel very frustrated at the perceived lack of justice here in Spain, and feel totally at the mercy of the "big boys", who seem to just keep getting away with their shabby ethics. Perhaps if enough individuals start requesting, and completing/submitting complaints forms about a particular company, that company would be forced to smarten up it's act. Even by just requesting the complaints book, it might prompt them to rethink their strategy of capitalising on what they believe is their client's lack of knowledge and understanding of how things work here. If nothing else, it may help people to feel like they are able to do something, other than contemplating the stressful and potentially costly option of legal action.

 Spam post or abuse? Please let us know

The submission of real estate conflicts into arbitration ( rather than Courts) need to be agreed on the contract ( in the jurisdiction clause which is at the end of the sales contracts) Developer may or may not been submitted to the Arbitration system.

Best,
Maria

 Spam post or abuse? Please let us know