Why complaints are good for business

When someone comes into my takeaway to complain about something we sold them I often find that the first thing they do is apologise for making the complaint! The first thing I have to do is assure them I am grateful they have come back to make the complaint. Ideally no one wants to hear that something has gone wrong, but I always tell a customer in this situation we can’t fix a problem until we know there’s a problem to fix.

When my father started the business nearly 50 years ago he introduced a system we still use today. First we refund the person for their entire order as a thank you for coming back to tell us about the problem and giving us a chance to solve it. We also give them their next order for free as a thank you for giving us another chance. It makes a win for everyone concerned, the customer feels appreciated, and we retain a customer and most likely their family and friends as well.

I complained about the conduct of Which? Ltd, but their CEO won’t reply.

I agree: complaining is good for the complained about company, and good for other consumers – the company has a better chance to improve how they operate and perform.

re. Sales of Goods Act – durable, fit for purpose, merchantable quality
It really would be a good thing to arrive at, or define, standard agreed definitions of how long various products should reasonably be expected to last IF they were of satisfactory quality to begin with… (and under full time, let’s say, domestic usage levels – commercial equipment tends to be more industrially built and proportionately more costly)

one could look at different period of warranty cover – a failed 4yr old washing machine may not be eligible for free replacement, but might be eligible for free repair… at 7 yrs old, the repair might be at 50% cost.
1. How long, with all repairs fully covered by manufacturer
2. How long, with perhaps some contribution toward repairs
3. How long, with some exclusions to what is covered by manufacturer
4. How long until product is deemed outside any warranty for ‘merchantable quality’ ?

e.g. Laptop Batteries are generally excluded – they may get anything from a 9month warranty; batteries are like this – not yet the best technology
But should laptops be expected to last 2yrs minimum, per John Lewis standard warranty terms?
I think so – software excluded. I think John Lewis strike a good balance here.

There is also room in the marketplace for products of a cheaper build quality where, if this is stated at point of sale, it might be reasonable to accept a shorter life span than a very expensive premium brand similar item, whose price suggests the heights of quality… and whose lifetime should be expected to be far far longer.

When I hit a legal issue, I felt confident I could rely on my Which? Recommended, John Lewis home insurance policy. I received independent legal advice that I had a good case, and so I made a claim.

Needless to say, the claim was rejected and my complaints were dismissed. When Which? asked for help on legal expenses insurance, I told them my story. The researcher was very interested and said Which? would consider John Lewis’ status as a recommended provider. A case-study was prepared for publication and sent to John Lewis for comment:

When Gary lodged a legal expenses insurance claim with John Lewis over an employment issue he expected it to be supported. However, the insurer’s solicitors rejected the claim without giving any substantial reasons. This prompted Gary to seek a barrister’s opinion on the matter, which was favourable.

Gary pursued the matter with John Lewis, but despite assurances from their Chairman that he’d receive comprehensive answers within 21 days none was forthcoming. Gary then sent the solicitors a Subject Access Request (SAR), which required them to reveal any information they hold on the person making the request. The SAR revealed that a barrister, instructed by the solicitors, concluded that Gary’s claim had a reasonable prospect of success. Armed with this information, he went to the Financial Ombudsman Service, which upheld his complaint, and following a challenge from John Lewis, later issued a final decision again upholding the decision.

Gary told us: ‘I felt confident I could trust John Lewis to vigorously pursue any valid claim. Considering this is a company that prides itself on quality customer service I feel very badly let down.

Following a response from John Lewis that did not explain why the favourable counsel opinion had been concealed, I spoke with the Which? researcher. The conversation ended with him saying “I see what you are saying. Let me get back to them then and let’s see if we can get a bit more purchase on this. I think that’s the best way I can take this forward and then I’ll get back to you on that”.

I chased up when he did not come back to me. His response seemed at odds with all previous exchanges, saying “I am confused as to what further work could be done on this from my end”. He left a few days later and nothing further was done. The case study was not published.

I followed up with Which? because it doesn’t seem right to me that they should endorse a business that avoided a claim while sitting on contrary evidence and then, when found out, refuses to explain the reasons why. I have no idea whether others have been similarly affected, but how will we ever know, if no one will pursue the questions. I rather thought that to be a role Which? seeks to fill.

I’ve supported Which? for 35 years and am one of the 8,600 members of the controlling charity. I have expressed my concerns to both the CEO and Chairman, but neither will respond.