FAQ
Complain to the Trader first - Before proceeding to register a complaint with the Malta Competition and Consumer Affairs Authority (MCCAA) all efforts need to be made to contact and reach an agreement with the trader with whom you are involved in a dispute.
1. Complain to the trader first
Before proceeding to register a complaint with the Malta Competition and Consumer Affairs Authority (MCCAA) all efforts need to be made to contact and reach an agreement with the trader with whom you are involved in a dispute.
When complaining to a trader you may do this in person, over the phone or in writing. If you complained in person or over the phone and don’t agree with the trader’s reply, you should follow up with a complaint in writing. Make sure that you send such notification to the trader through registered mail within 2 months from the date on which you detected the lack of conformity in the good in question.
Draft letters of notification: English Version, Maltese Version
Make sure to keep a copy of the letter. If you don’t get a reply to your letter after a reasonable time or you don’t agree with the trader’s reply, you can register a complaint with the MCCAA.
2. Registering a complaint with the MCCAA
You can register a complaint either by:
- Visiting the premises of the Complaints and Conciliation Directorate at Mizzi House, National Road, Blata l-Bajda or at our Valletta Office at 47A South Street
- The office's opening hours in Winter (from 1st October to the 15th June) are from Monday to Friday between 8.30 a.m. and 12:30 p.m., with the exception of Wednesdays when the opening hours are between 8:30 a.m. and 4:00 p.m.
- In Summer (from the 16th June to the 30th September) the opening hours are from 8:30 a.m. and 12:30 p.m. – Make sure to submit all the relevant documentation e.g. copies of receipts and guarantees;
- writing a letter addressed to the Director, Complaints and Conciliation Directorate, Malta Competition and Consumer Affairs Authority at Mizzi House, National Road, Blata l-Bajda, HMR 9010;
- completing the online form
- downloading and filling in the complaint form sending it via e-mail on fair.trading@mccaa.org.mt
If you choose to register a complaint by email or letter, make sure you include all the relevant details as to the facts of the case and copies of the related documentation. It is important that you include your identity card number, address and contact numbers in all written correspondence.
It is also important that you include a statement in the your email/letter giving consent to the MCCAA to divulge your details to the trader/entity involved in your case in accordance with the Data Protection Act. Click here to download the consent statement.
3. Your case is evaluated and if your complaint is justified at law and falls within the remit of the MCCAA, it will be assigned to a complaint handler.
The complaint handler may request further information or documentation from your end. It is your responsibility to provide all the facts and documentation necessary for the complaint handler to carry out conciliation.
4. The complaint handler will contact the trader and inform him of his obligations at law. All efforts will be made to settle the case in an amicable manner. Note, however that the complaint handler’s role is limited to mediation, and that the resultant outcome will largely depend on the good will of the parties involved. The mediator will spare no effort to reach the ultimate aim of finding an amicable solution. The complaint handler will inform you of any developments throughout the conciliation process.
5. If an amicable solution is not reached, you can either (at your request):
- submit a claim before the Consumer Claims Tribunal (CCT)*, or
- withdraw the complaint.
6. Referring a complaint to the Consumer Claims Tribunal – Note: The Tribunal has jurisdiction to hear and determine claims where the value of the claim (exclusive of interests and costs) does not exceed €3,500
If you choose to refer your case to CCT, you will be asked to fill in the ‘Notice of Claim’ form and submit it to the Consumer Claims Tribunal’s Registry at 47A, South Street, Valletta together with the applicable registration fee. The claim can also be filed by registered ‘advice of receipt’ mail.
7. The trader will be informed of your claim by the Consumer Claims Tribunal and will have the opportunity to register a Reply to the Claim. The trader may also choose to make a counterclaim against you. If the trader registers a Reply to a Claim and makes a counterclaim, you will be served with a copy.
8. The Secretary of the Tribunal will inform you as to when your case will be heard before the Arbiter.
9. You will appear before the Arbiter and will be given the opportunity to submit all the facts of the case. Make sure that you submit all copies of the relevant documentation and correspondence and where possible the goods, which are the subject of the complaint.
10. After the hearing/s, the Arbiter will issue his/her decision.
11. In certain instances, there is a right of appeal from the decision of the CCT. An appeal can be lodged within 20 days from the date of the decision by filing an application to the competent Court of Appeal.
12. Enforcement of a CCT Decision:
If the CCT decision is issued in your favour, and 20 days have lapsed since the date of the decision, you should contact the trader and demand that the Tribunal’s decision be honoured. If the trader refuses to comply with the Tribunal’s decision, it is advisable that you seek advice from your private lawyer so as to seek the execution of the CCT’s decision through the applicable civil remedies. In this respect, kindly note that Article 25 (3) of the Consumer Affairs Act (Chapter 378 of the Laws of Malta) provides that any Court fees payable in respect of any warrant issued for the purpose of enforcing a decision of the Consumer Claims Tribunal shall amount to one-half of the court fees that are normally due.
* When conciliation is not successful in the case of particular complaints the latter cannot be referred to the CCT but to other dispute resolution mechanisms. In all instances, the complaint handling staff will guide you as to the appropriate entity.
The Price Indication Regulations stipulate that all goods displaced for sale must have their prices clearly and accurately indicated, easily identifiable, clearly legible and in euros. This also applies to items in shop windows.
Displayed prices must be inclusive of VAT and any other taxes or charges. This rule applies also to the indication of prices during sales . Retailers have to indicate two prices on goods that are sold by unit weight or volume. One of the prices should indicate the actual price and the other the indicated price is the unit price being the final price per kilogram, litre, metre or cubic metre of the goods. Unit pricing makes it easier for consumers to compare prices in different sizes.
It will be considered an unfair commercial practice if the indicated price is not the final correct one. Lack of price indication may be reported to the Enforcement Directorate within the Office for Consumer Affairs on Freephone 8007 4400 or by sending an email to info@mccaa.org.mt for more information.
However, when consumers are making choices, it is not only the price that influences their decisions, but clear and reliable meaningful information on the product, such as safety, life span, maintenance services, after sales services, environmental claims etc which information the provider must ensure is given to consumers not only in writing but in ways that can be clearly be understood.
Sometimes consumers receive unexpected call from sellers who try to sell them products or services.
Telesales involve the purchase of goods and services through a distance means of communication.
• According to the Consumer Rights Directive, purchases concluded in this manner may be cancelled during the 14-day cooling off period and consumers are not required to give a reason to why they have decided to cancel the sale.
• In case of goods, the only expense consumers may be asked to pay is the cost of returning the unwanted goods . Consumers have to be informed about this cost before the sale is concluded. If this information is not provided, before the sale, then the seller must pay for the expense to have the goods returned to him.
• When consumers are not made aware of their right to cancel the purchase they made, the cancellation period is extended to a year.
• The 14-day cooling off period starts form the day consumers are in possession of the goods.
• Another obligation that sellers have is that of informing the consumer that the call is being made for commercial purposes. The seller has the obligation to identify himself and the business being represented, which the consumer can verify.
• Consumer should always take a number of precautions before entering into a sales agreement to avoid unnecessary problems.
• In the case of goods, the delivery should take place during the period agreed with the consumer or within 30 days from the date the contract of sale was concluded.
• Goods bought over the phone also have a two-year legal protection the same as good bought in shops.
More information is available on www.mccaa.org.mt.
Purchasing a gift voucher requires an informed decision as not all vouchers have the same terms and conditions.
Before we buy a gift voucher, we need to verify with the seller:
• if the voucher can be redeemed from one retailer only or from several retailers
• if the recipient wants to spend less than the value of the voucher what he/she is entitled to
• if the voucher has to be used all on the same purchase or if it can be used in parts
• if a credit is given on another voucher with the remaining amount
• if there is an expiry date which should be clearly indicated on the voucher
Vouchers should be used as quickly as possible to avoid risks such as loss of voucher or closing down of retail outlet
It is our obligation to inform the receiver of the gift voucher of the terms and conditions and how it should be used.
Consumers are advised to ASK FOR A QUOTE.
The quote should include all the information of the works to be carried out and their relevant costs in writing.
It is not illegal for traders to ask for a fee for a quote, as long as this is agreed before the signing of the contract.
Once the contract is signed, the provider cannot charge more than the agreed amount.
The quote should also include name, address, tel no; of the provider or company and the date when the service will be provided.
The quotation should also include an expiry date of services, which if not as agreed in the quote , the price will not be guaranteed.
If the trade can only give an estimated cost, consumers must be informed of any extra expenses in writing and reach an agreement on the amount before signing the contract
If consumers receive a bill higher than the agreed amount in the quote, they have the right to insist on paying the agreed price and not more.
More information can be obtained from: Odette Vella Director Information, Education and Research Office for Consumer Affairs MCCAA