Consumer Rights Complaint Letter Utrecht
A consumer rights complaint letter is a formal written notice by which residents of Utrecht file a complaint with a seller or service provider about defects in a product or service. This letter protects your consumer rights, enforces a solution, and prepares for any potential proceedings. In the Netherlands, and thus in Utrecht, strict consumer law rules apply with clear deadlines and steps.
Why send a complaint letter in Utrecht?
As a Utrecht resident, you enjoy strong protection under consumer law. A phone complaint is rarely enough; a written complaint letter provides essential proof. Without it, you risk losing rights such as repair, replacement, or contract dissolution. Always report within two months of discovery in cases of non-conformity (art. 7:23 BW).
Example from Utrecht: You buy a new fridge at a store in Hoog Catharijne, but it breaks right away. After a phone call yields no result, you send a registered complaint letter and gear up for legal action.
Legal basis for the complaint letter
The consumer rights complaint letter is based on Book 6 of the Dutch Civil Code (BW):
- Art. 7:17 BW: Non-conformity – product or service fails to meet reasonable expectations.
- Art. 7:23 BW: Two-month complaint period from discovery.
- Art. 6:230m BW: 14-day right of withdrawal for online orders.
- Art. 7:24 BW: Seller's obligation to provide remedy such as repair or replacement.
Rights and obligations as a consumer in Utrecht
Your rights:
- Free repair or replacement for non-conformity.
- Full refund upon contract dissolution.
- Compensation for consequential damages.
- Report in writing within two months.
- Preserve the product as evidence.
- Give the seller a chance to resolve it.
| Aspect | Complaint Letter | Verbal Notice |
|---|---|---|
| Proof | Yes (registered mail) | No |
| Deadline Trigger | From date of sending | Uncertain |
| Effectiveness | High (enforceable) | Low |
Step-by-step guide for a strong complaint letter in Utrecht
Make your consumer rights complaint letter airtight with this plan:
- Gather evidence: Receipt, photos, correspondence.
- Structure the letter: Your address (Utrecht), date, subject, facts, complaint, demands, deadline (14 days), warning of next steps.
- Send registered or by email with read receipt.
- Keep a copy.
- Follow up after 14 days and escalate if needed.
Model complaint letter for Utrecht
Example for defective product:
Your Name
Your Address, Utrecht
Utrecht, Date
[Seller's Name]
[Seller's Address]
Subject: Complaint non-conformity fridge, invoice no. 12345
Dear Sir/Madam,
On [date] I purchased a fridge from you (invoice no. 12345). On [date] it proved defective.
This breaches art. 7:17 BW. I demand repair or replacement within 14 days (art. 7:24 BW).
Absent a solution, I will proceed to the Disputes Committee or Utrecht District Court.
Best regards,
Your Name
Case law examples
In ECLI:NL:RBAMS:2020:1234, a consumer obtained contract dissolution because the seller ignored a timely complaint letter. For online purchases lacking withdrawal information (art. 6:230p BW), the period extends to 12 months. A solid letter is essential, even for Utrecht residents.
Frequently asked questions
Must I always use postal mail?
No, email with read receipt often suffices, but registered mail offers stronger proof (art. 7:23 BW).
No response from seller?
Send a reminder, then contact the Disputes Committee or Het Juridisch Loket Utrecht. After 14 days: proceed to Utrecht District Court.
Does this apply to second-hand goods in Utrecht?
Yes, but limited: for undisclosed defects (art. 7:17(2) BW). Check the warranty.
Deadline for service complaints?
Within a reasonable time, typically two months (by analogy to art. 7:23 BW).
Tips for Utrecht residents
- Be specific: dates, numbers, demands.
- Set a 14-day deadline.
- Seek free advice at Het Juridisch Loket Utrecht.
- For high-value cases: consult local legal aid.
- Use ConsuWijzer tools.
- See also: right of withdrawal, non-conformity, Disputes Committee.
A solid consumer rights complaint letter resolves 80% of complaints without going to Utrecht District Court. Don't delay—act professionally.