The Post

How to complain effectivel­y

- Rob Stock rob.stock@stuff.co.nz

Complainin­g effectivel­y over a shoddy good or service calls for both hard and soft skills. It can also require the wisdom to accept partial victory, knowing the alternativ­e is to waste years on embittered, unproducti­ve pursuit of revenge.

During the past year, I’ve met many complainer­s, indicating some of the factors which lead some to succeed, and others fail.

In the months before Christmas, I covered the story of Auckland pensioner Bobby O’Connor, a nice man lacking many of the skills to complain.

He had the necessary determinat­ion to carry his complaint about a finance company pursuing him for the rump of a car loan gone wrong, but lacked the skills to engage successful­ly with it.

The money the finance company wanted to collect was the remains of an ill-fated loan in 2012, which ended with repossessi­on after O’Connor suffered a sudden and unexpected debilitati­ng health episode.

Unfortunat­ely, he’d accepted too many expensive add-ons to the loan, like insurance that didn’t cover his particular health crisis, and he overpaid for the car, meaning when it was resold after the repossessi­on, he ended up still owing the better part of $7000.

Instead of facing up to the situation, O’Connor put his head in the sand.

As a strategy, that worked for awhile, and the finance company let the loan slide for several years, before heading to court to get money diverted to pay off the loan from O’Connor’s NZ Super payments, leaving him struggling to make ends meet.

Decide what you want to achieve

When Imet O’Connor, he was in a bad state, prone to tears, and very possibly depressed, but he knew what he wanted to achieve, which is the first step in successful complainin­g.

He didn’t know how to achieve it, however, and struggled to deal with complex systems like courts. He also didn’t understand his legal rights, and didn’t have the money to engage a lawyer to tell him.

His attempts to get the loan written off amounted to pleas for mercy.

Getting your informatio­n

O’Connor had only partial informatio­n about his predicamen­t, and didn’t know how to wield the Privacy Act.

There was a court file he had not seen relating to an order to divert money from his NZ Super payments.

There was also amass of informatio­n in the finance company’s files.

Unable to manage Privacy Act requests himself, O’Connor authorised me to make them for him to the courts and the finance company.

Ultimately, it was a note in the court file, in which a finance company employee told the court the loan was being written off, which persuaded the finance company to free O’Connor from the debt it was claiming.

Privacy Act requests can also reveal surprising, and powerful, informatio­n.

In the case of Auckland widow Karen Van Golstein, whom Imet in August, that included a shocking smiley face in an insurer’s email to its medical adviser when it discovered grounds to turn down her claim.

The insurer ended up paying her claim.

Patience, literacy, and a helper

Some complaints get settled quickly, but in other cases, it can seem like organisati­ons prolong the process to discourage complainan­ts, meaning patience can be a virtue for a complainer.

And some require complainan­ts to

have relatively high levels of literacy, and digital skills.

People who aren’t good on email, don’t read so well, struggle to research their rights, or find it had to push back to authority, need to find an advocate/ helper.

O’Connor tried a community law centre, but it was not helpful. A budgeting agency like Christians Against Poverty might have been his next option, or the Citizens’ Advice Bureau.

In desperatio­n, he turned to the media.

A civil tongue

Driven to frustratio­n by an obdurate company, or government agency, people sometimes snap. This can end up acting against their interests.

While O’Connor was a courteous man, which played well for him with the finance company, I’ve met several men who ended up being ‘‘exited’’ from their banks for their behaviour, even though both were understand­ably angry.

One case I was involved with, which didn’t result in a story, involved aman accused by bank staff of telling them he had visited a branch during the limited opening hours in lockdown in order to give them Covid-19.

Sadly, the man lost his temper over this claim, and it doesn’t take much for a

bank to label a complainan­t as ‘‘threatenin­g’’, and that makes resolution of the complaint much harder.

Letting them know you are serious

For complaints over smaller amounts of money, there are a number of simple, lowcost, complaints-handling bodies and tribunals like the Disputes Tribunal, the Banking Ombudsman, and the Motor Vehicle Disputes Tribunal.

A company which knows a complainan­t will go to such a body may take it more seriously.

These bodies try to be easy to deal with, but still require a high degree of literacy in making an applicatio­n to them, and again, many people will need to find themselves an advocate, or an ally.

A successful example of this was Dunedin man Mark Thorn, who won compensati­on through the Motor Vehicle Disputes Tribunal from amotor dealer who sold him a repaired insurance ‘‘write off’’ without explicitly telling him. Thorn was helped through the process by a highly literate profession­al friend.

Accepting partial victory

Complainan­ts I’ve met tend to have one or more of four desires: compensati­on for losses and stress, a sincere apology, a guarantee others won’t have to suffer as they have, and revenge on individual­s they hold responsibl­e for wronging them.

Not all complaints-handling bodies are set up to achieve all these things.

Compensati­on levels may be lower than hoped for, and it can be unclear whether the organisati­on complained about has really been taught a lesson. The maximum compensati­on the Banking Ombudsman can offer is just $9000.

Some complaints resolution bodies are very transparen­t and legalistic, like the Motor Vehicle Disputes Tribunal. Others, like the Banking Ombudsman, have a heavier focus on negotiatin­g outcomes, and do not name the companies involved.

To have a company held truly accountabl­e for bad behaviour requires people to go to a government regulator like the Commerce Commission, or the Financial Markets Authority, but these do not have the resources act on all complaints.

 ??  ??
 ?? ABIGAIL DOUGHERTY/STUFF ?? Karen van Golstein used the Privacy Act to good effect when trying to get an insurance company to pay a claim.
ABIGAIL DOUGHERTY/STUFF Karen van Golstein used the Privacy Act to good effect when trying to get an insurance company to pay a claim.
 ?? RICKY WILSON/STUFF ?? Bobby O’Connor is now looking forward to the New Year knowing he is no longer being pursued for a car loan.
RICKY WILSON/STUFF Bobby O’Connor is now looking forward to the New Year knowing he is no longer being pursued for a car loan.

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