Perhaps the biggest failing we see when we meet or talk with people – and this includes incredibly sophisticated and successful business people – is that when there are problems or disputes with another person or a business, the complaining person fails to make a written record of the issue(s) and fails to ensure that the written document actually gets to the person or company with whom they have the dispute. This includes but is not limited to a consumer complaining to a vendor or an agency. This could be a credit card company, a utility company, a collection agency, a neighbor, a family member or whoever. The same goes for a business person who might be fighting with another competitor or a corporation and a contract that they thought they had is not being upheld. More often than not when we receive these inquiries and we ask for basic written documentation that the possible client or complaining person has on file, the person says it was not done in writing. We often hear this reality as it pertains to  fundamental contracts and any salient paperwork that should support their complaint.

So, it is crucial that when you have a problem:

  1. Make a written record of it and make sure you state or outline that what you have done is correct and proper, and also include the failings of the defendant- the other party.
  2. Then, after drafting this important written record and double checking it for accuracy and typos, make sure that the other party actually receives it. This can be done by sending it via certified and ordinary mail (both) . Emails are OK, but often the potential recipient may deny getting it.