Lesson 4:
Common Consumer
Problems
Overview of Lesson
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"Caveat Emptor" - "Let the Buyer Beware"
Complaints
Third parties
Small Claims Court
Deposits, gift vouchers and receipts
Quizzes
Caveat Emptor
• Caveat Emptor is a Latin phrase which
means “Let the Buyer Beware”
• In practice, this means that consumers should
act reasonably and sensibly when making
purchasing decisions and examine goods
carefully before they buy
• If you don’t take reasonable steps to ensure
goods are free from damage, your
entitlements may be affected later on
What is a valid complaint?
• Faulty or damaged goods
• Goods that are not as
described
• Goods that do not perform
the task they are designed to
do
What is a non-valid
complaint?
• Shop-soiled goods where the defect
was pointed out at the point of sale
• Consumer changing their mind about a
product
• Consumer causing the damage to a product
• Consumer buys a product without checking its
suitability, e.g. buying a black instead of navy
jacket, item too small or not matching existing
products - jacket and trousers
Making an Effective
Complaint
• Do not attempt to repair the item yourself
– this may affect your rights
• Contact the seller as soon as possible
when you notice the fault
• Ask to speak to someone in authority who
can deal with your complaint
• Explain the problem and how you would
like it resolved
Making an Effective
Complaint
• Consider any resolution put forward by the
seller reasonably
• Make sure that you have proof of purchase,
e.g. receipt, invoice, cheque stub, credit card
receipt
• Keep a record of all contact with the seller in
case you have to go to the Small Claims Court
Third Parties
• If you don’t get a satisfactory resolution
when you complain to the retailer, you
can contact a third party - someone who
will try to act on your behalf or give you
information to reach a settlement with the
shop
• Examples of third parties include:
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Industry regulators, e.g. ComReg for telecoms issues, Aviation
Regulator (CAR) for airline problems
Ombudsman, e.g. in disputes for goods or services in relation to
local authorities
Trade associations, e.g. ITAA for travel agents, SIMI for motor
dealers
Small Claims Court
• If you still haven’t reached a satisfactory
resolution to your complaint, you can go
to the Small Claims Court
• This provides an inexpensive and easy way for
consumers to resolve disputes without the need
for a solicitor
• Small Claims service is provided in your local
District Court office, or you can apply through
Courts.ie
• The charge is €15 and the claim cannot exceed
€2,000
Stages involved in making a
complaint
Paying Deposits
• A deposit is a payment made to a supplier
of a product or service by a consumer
indicating an intention to buy it
• Paying a deposit creates a contract. If
you then change your mind about buying
the product you forfeit your rights and lose
the deposit
• If the seller goes out of business (liquidation,
receivership etc) you can make a claim to the
liquidator/receiver for a refund of your deposit.
• However, you will be considered an unsecured creditor
and are unlikely to get you money back
Gift Vouchers
• Gift vouchers should be treated as cash,
i.e. if you lose the gift voucher, the
retailer has no obligation to reimburse
you
• Some gift vouchers have an expiry date
• Consumers have very few rights if the
company goes out of business, as they
become creditors of the business and will only
receive a fraction of what the voucher was
worth, if anything
Receipts
• Retailers have no legal obligation to
provide a receipt
• However, receipts are considered
proof of purchase, so consumers
should always ask for one
• Handwritten receipts can be accepted if a till
receipt is unavailable
• Proof of purchase doesn't have to be the shop
receipt (e.g. shopper could show a credit card
statement)
Summary of Lesson
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Caveat Emptor “Let the Buyer Beware”
Examples of valid complaints
Examples of non-valid complaints
Making an effective complaint
Third Parties
Small Claims Court
Paying deposits and where you stand
Gift vouchers
Receipts
Test your knowledge
• Go to www.ConsumerConnect.ie and click on
quizzes in “Multimedia” to test your
knowledge by completing the “Clever
Consumer” and “Great Complainer” quizzes