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When things go wrong
Things sometimes go wrong with the goods and services we buy. If you cannot resolve the dispute, we may be able to help by providing:
- information about your rights
- sample letters
- conciliation services
- advice about your options with a tribunal or court.
If your dispute is with an online seller, view our Resolve your problem with an online seller page.
Step 1: Speak with the business
If an item or a service does not meet an implied condition, you are entitled to seek a remedy from the business or service provider.
For more details, view our Guarantees, warranties and refunds section.
Approach the business directly, in person or over the phone and explain the issue you have with the item or service.
You can ask the business to either:
- refund your money
- repair the goods
- replace the goods
- fix the work.
Know your refund rights and obligations before demanding a refund. In some cases, you may only be entitled to a repair or replacement. For more information, view our Guarantees, warranties and refunds section.
Keep notes of your contact with the business, such as the:
- name of the person you spoke to
- date of your meeting or phone call
- content of your discussion.
Step 2: Write a letter of complaint
If speaking to the business directly has not resolved your issue, send them a letter or email. Act quickly - delay can sometimes affect your rights.
Putting your complaint in writing is useful because you will have a record:
- of discussions you had with the business
- to show a third party if you choose to take your complaint further
- to show that you made a reasonable attempt to resolve the issue yourself.
If your issue is with a franchise (chain store), write to the store you originally dealt with, and send a copy to its head office.
Send your letter by registered post and keep a copy for yourself. If you do take your complaint further, you will need to show your letter (or email) to the third party.
Timeframes
There is no set ‘reasonable’ time in which a business can resolve an issue. You should allow enough time for the business to receive and reply to your letter, and to start making arrangements for a remedy. This could take anywhere from seven to 28 days.
Be persistent – write a reminder letter if the business does not reply.
You may want to indicate that if the business does not reply, you will take your complaint further using one of the options in Step 3 below.
When writing your letter, use our Letter of complaint template (Word, 56KB).
Example letters of complaint:
Step 3: Take your complaint further
If Steps 1 and 2 do not resolve your problem with the business, contact us. You can do this by:
- completing our consumer complaint and attaching the letter you have sent to the business
- calling 1300 55 81 81 between 9:00 am and 5:00 pm Monday to Friday (except public holidays)
- visiting our Victorian Consumer & Business Centre, 113 Exhibition Street, Melbourne VIC 3000, between 8:30 am and 5:00 pm Monday to Friday (except public holidays)
- finding an office near you.
After seeking our advice, you can take your complaint further by:
- applying for a civil claims hearing at the Victorian Civil and Administrative Tribunal (VCAT)
- requesting conciliation if you have already made a complaint and your dispute meets out criteria
- lodging a complaint with the relevant industry ombudsman or alternative dispute resolution scheme (if there is one for the business)
- seeking independent legal advice.
Our conciliation policy is available upon request. To obtain a copy, contact us.
General conciliation
Conciliation is an informal process to help you and the business resolve a dispute through communication, identifying the issues in dispute and exploring options for resolution.
We usually conduct conciliation by telephone, email and letters, but we sometimes hold face-to-face meetings.
As Victoria’s consumer affairs regulator, we can try to help you reach an agreement, but only VCAT or the courts can compel a business or landlord to resolve an issue. We can advise you about your options with VCAT or the courts.
Specialist conciliation services
As well as general conciliation, we provide specialist conciliation services:
- the Estate Agents Resolution Service (EARS) is a dedicated service for advice, information, complaints and dispute resolution on buying and selling property matters. Telephone: 1300 73 70 30.
- Building Advice and Conciliation Victoria (BACV) assesses building and renovating disputes with a builder when you are unable to reach an agreement. Telephone: 1300 557 559
- Residential Accommodation may conciliate accommodation matters, including urgent problems and those involving renting, retirement villages and owners corporations. Telephone: 1300 55 81 81 (ask for Residential Accommodation).
Alternative dispute resolution schemes
Last updated: 14/05/2012