| European consumer complaint form | | Print | |
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The European form consumer complaint was drafted by the European Commission. It aims to improve the dialogue between consumers and professional / business and to help them reach an amicable settlement of the problems they may encounter in their transactions. The form is available in the eleven official languages of the European Union. It concerns: If you decide to use the form, please do not send it to the European Commission. The Commission has no powers to intervene in the settlement of disputes between consumers and professionals and cannot be held responsible for the consequences of using this form. The form has been designed to "guide" and orient consumers in formulating their claims. It contains multiple-choice lists of responses to help consumers indicate their problems and their claims, together with sufficient space for users to give additional details or describe particular circumstances not covered by the multiple-choice lists As far as possible the Commission services have used simple, familiar terms understandable to the layman, rather than the official legal term corresponding to each precise situation. The form can be used whatever the sum of money involved and whatever the type of consumer dispute. It is up to the persons concerned to decide how far their problem can be settled using the form. It can be used for disputes within national frontiers or extending beyond national frontiers but still within the European Union. The multiple-choice design, and the fact that the form is available in the 11 languages of the European Union, should facilitate the problem of translation in cases of cross-border disputes where the parties speak different languages. The European consumer complaint form may not be altered by users. The Commission intends to launch a pilot project in the near future, in order to assess the form's relevance and effectiveness. Depending on the results, the Commission's services will then make any changes deemed necessary. The need to create other more specific forms for particular economic sectors will also be considered. Additional informations for consumers When filling in the form please bear in mind that, like any other written document, it may be used in evidence if the case comes to court. You should therefore take great care with it and avoid making any false statements which could be used against you, and also keep a copy for yourself. In this connection, you can contact certain consumer associations which actively publicise and promote use of the form under the pilot project mentioned above and which will help you to fill it in. For help with completing the form you can also use the attached guide, which gives explanations and examples for each category of problems listed in section 1 of the form - "Problems encountered". Try to be clear and precise when describing your problem and formulating your request. If necessary you can tick several boxes to describe several aspects of the same problem and use the blank space provided to give additional information and/or describe particular cases not covered by the lists. We would point out that section III of the form - "Request by the consumer" - is no more than an indicative list of the types of requests that can be made to the professional and is without prejudice to your rights under the applicable legislation. You are therefore advised to find out about the options open to you under the legislation governing your case. Please note that most national legislations stipulate a time-limit beyond which you may no longer seek redress through the courts. This is called a period of limitation and is sometimes relatively short, particularly for purchases of goods. Whether or not the use of this form suspends this time-limit is determined by the legislation applicable to the dispute. In certain Member States, sending a letter of complaint to the professional automatically suspends the period of limitation. Find out from a consumer association whether sending this form suspends the period of limitation. If it does not, make sure that you have enough time to try this amicable settlement procedure without risking losing your entitlement to go to court if that should prove necessary. Attached to the end of the form you will find a reply coupon. When you receive the professional's reply you can detach the coupon and return it to him, taking care to enter on it the reference number that he has given your claim. You can of course communicate your reply to the professional by any other means that you consider suitable (e.g. telephone, e-mail, letter, visit, etc). Additional guidance for consumer groups You will find a reply coupon at the end of the form. Once you have received the reply from the professional you must notify the consumer, who will decide whether to accept the professional's proposal or not. You may advise the consumer as to what his own reply should be and may fill in the reply coupon on his behalf, but it is recommended that you get the consumer himself to sign the coupon before returning it to the professional. Finally, if the consumer and the professional are unable to reach an amicable settlement this form will also give them easier access to out-of-court procedures. The section of the form reserved for the professional's reply allows the professional to propose that the case be brought before a competent body for out-of-court settlement.
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