The Voice - Consumer's Voice

Where’s my bath tub?

Good Morning Richard! I need your help. There is a hardware store in Lobatse, we long paid for goods and transport for goods to be delivered at Goodhope in the beginning of August, Even up to now they haven’t delivered all the goods. They keep on delivering the wrong item. We had told them we want a white ceramic bath tub and we were told ceramic is only in pink and we opted for it only for them to deliver a white plastic tub and a changed story that they don’t sell ceramic. Can you please help so that we get the rightful items or a refund because we should have long started plumbing.

I think the time has come to walk away from this deal and get a refund, don’t you?

This store is clearly incapable of delivering what you ordered and you need to a find a better store, not only one that can deliver what you order but one that won’t make up stories to cover up their uselessness.

I suggest that you contact hem and tell them, either in writing or by message that you are cancelling the deal because they have failed to deliver what you ordered from them and what they agreed to supply. Tell them that they have breached Section 13 (1) (a) of the Consumer Protection Regulations of 2001 by trying to offer you goods that did not “match any sample or description given to the consumer”. Tell them that they have also breached Section 13 (1) (d) by supplying goods that were not “of a particular standard, quality, or grade” and not “of a particular style or model”.

You should then remind them that Section 15 (1) (e) of the Regulations requires a supplier like them “to promptly restore” and payments that have been made when a deal is cancelled like this. I’m not sure what “promptly” means exactly but maybe give them seven days to pay you back. You should end by saying that if they don’t cooperate with your very reasonable cancellation of the deal and refund your money you’ll ask the Small Claims Court for an order against them for the money you paid them. Maybe that will be enough pressure?

Is World Class Billionaires a pyramid scheme?

Definitely, no doubt about it.

There are various clues about this scheme that suggest it’s a scam. For instance, they claim on their web site that it's their "3rd Year of Operation" and they have "Over 12 Years of Experience" but their domain was only registered on 13th June this year.

They also claim that they are based in Dubai, saying that their physical address is "Suite 17, The Iridium Building, Umm Suqeim Road, Al Barsha, Dubai". It took me just a few seconds to discover that this is an accommodation address used by dozens of companies.

Then there are the claims they make. They say that you can earn "10% to 14% Monthly". If that was true, which it clearly isn’t, and you made that sort of money and you reinvested it each month, that would give you an annual percentage rate of 382%. That’s absurd and clearly a lie.

It’s interesting that on their web site they offer some "testimony" from someone who they claim is in Botswana although I can’t find a trace of the person they name. This probably fictitious person says:

"I am still new in WCBG. I Partnered with P5 000 in February and I got P800 four times in March, April, May and June. Thank you for coming to Botswana. I will buy my first house next year!"

Look at that quote again and do the maths. This person apparently invested P5,000 and so far has received P3,200 back. So they’ve currently made a loss of P1,800? And that’s a success? That’s how they’re going to afford to buy a house? Is that meant to be persuasive?

This is very simple. World Class Billionaires is an illegal "multiplication scheme" that offers returns above the market rate. This is forbidden by Section 9 of the Consumer Protection Act of 2018 and the maximum penalty for promoting or even joining such a scheme is a fine of up to P100,000 AND prison for up to 5 years. Is that a risk worth taking?

The Voice - Consumer's Voice

Did he swindle me?

In September last year I went into an agreement with a Forex company in Commerce Park for the PAMM account offered by Hot Forex trading for a period of 6 months. Unfortunately in March 2019 they wrote me a letter purporting that the account has been hacked, which Hotforex trading desk denied. I have since lost over P36,000 of the P50,000 that I invested. I have followed him up on numerous occasions to pay me back but I have failed, even the P2,500 that was a security fee, he has refused to refund me.

Kindly assist because I suspect he has swindled a lot of us as there was a number of us who invested into the PAMM account and he has always refused to reveal the names of the other people. He has threatened that wherever I report, I will not be able to get my money back.

I think this is very suspicious. The Botswana-based forex company you met offer the services of the HotForex trading company which is based in St. Vincent & the Grenadines in the Caribbean. However, from the documents you sent me, it’s clear that you were dealing primarily with the local company. They were the ones who marketed the 60% profit they claimed you could make within six months.

There are various approaches we can use to apply pressure on the local company. Firstly, they made the claim that you could make 60% return on your investment. That claim is illegal, contrary to Section 9 of the 2018 Consumer Protection Act which outlaws what it calls “multiplication schemes” where a company “offers, promises or guarantees to a participant an effective annual interest rate that is above the market rate”.

Also, it sounds to me that they were offering investment services. The agreement you signed certainly refers to you as the “investor” many times. I think that means they might be in deep trouble with NBFIRA who regulate financial and investment advisors.

Finally, there’s the claim that the company in the Caribbean was “hacked”. I can find no news reports of that happening and it’s a big enough story to have been widely reported. I suspect he’s making up stories.

Let’s both contact NBFIRA and I’ll also contact the local guy who seems to be telling stories. Let’s see if he can be more helpful?

Is World Ventures a pyramid scheme?

I am writing to you in order to hear facts concerning World Ventures Company and what is being said that about it that it is a Pyramid scheme. Can you please help me understand why it is said to be a pyramid scheme so as to have a concrete idea concerning it.

World Ventures is most certainly a pyramid scheme and it’s not just me that says so. The authorities in Norway declared it a pyramid scheme in 2014 and despite World Ventures spending a lot of effort and money appealing that ruling, they failed over and over again. In 2015 the Malaysian authorities declared it an “illegal business”. Three years later, in 2018 the Rwandan authorities warned their consumers that it was a pyramid scheme. This year, the Taiwanese have laid charges against the organisers claiming that World Ventures is “a classic pyramid scheme”. I think there’s a pattern emerging, don’t you?

Like all other pyramid schemes, the truth is simple. The people at the top of the pyramid make money but only at the expense of the people they recruit them. Their latest income disclosure statement World Ventures published in the USA in 2016 showed firstly that 80% of the people who joined made nothing from World Ventures. NOTHING at all. Of the lucky ones who made any money, 77% of the money earned went to the top 5% of people. 74% of the people earning money shared just 10% of the income. And how much money did people actually make? If you include just those people who made money, the average earnings per year is a measly $355. If you include everyone in the scheme, it's a pitiful $30.

So please don't waste your time, money and effort joining pyramid schemes like this one. Remember that the new Consumer Protection Act makes promoting or even just joining a pyramid scheme illegal. Joining could result in a fine of up to P100,000 and five years in prison. Is it worth the risk?

The Voice - Consumer's Voice

Where’s my lay-bye?

This email serves to lodge a complaint against a store in Francistown. I had made a laybye of a jacket which cost P1,380 sometimes between end of May or beginning of June 2019 and due to some unforeseen circumstances failed to pay the full amount. I visited the branch today and requested to cancel the laybye and had no problem with the 10% penalty / cancellation fee. I requested for a cash refund to enable me to use the funds elsewhere and even after the penalty, I was informed that they cannot give me a cash refund that they can only put the refunded amount in a gift voucher which I can only use to buy at the same store. They are forcing me to buy at their store even after the penalty which I agreed to pay which is 10% of the P345 I had paid as deposit.

Is there a way consumer watchdog can assist on the issue?

Like almost every agreement, this depends on what was in writing. Written agreements are everything. They’re the only things that matter. Verbal agreements are worthless.

I suggest you go back to any written agreement you had with the store and see what it says about payment terms. What does it say will happen if you default? Does it say that you’re not entitled to a cash refund? Does it say you must accept a voucher to spend in their store? Is that what it says? That’s the agreement you are committed to.

However, if there was no written agreement, I suspect you might be in a slightly more powerful position. My suggestion would be to deliver a letter or email to the store saying that you are cancelling the deal. Make your letter is the first thing that’s in writing. Tell them that the deal is cancelled and that in accordance with Section 15 (1) (e) of the Consumer Protection Regulations of 2001, you are formally cancelling the deal and that they must therefore restore to you any “deposit, down payment, or other payment” you have made to them. Remind them that the Regulations say that such a refund must be made “promptly”. It doesn’t define exactly what “promptly” means but I think we all know when something isn’t done promptly, don’t we?

Where are my forex profits?

There is a company in the CBD led by a certain lady who is a forex trader, I have been following her page in Facebook since 2017 before it disappeared this year. The company was doing great and it's services caught my eye. So beginning of this year around February she introduced account management and entrust account. I checked her at the CBD office with my husband and she gladly explained or described the two new services i.e their advantages and disadvantages. And we told her that we will think about them first. After 3 /4 months I went back to her CBD office to sign up for the entrust account. The account worked more like a loan to her in which we signed a contract on the 12th June 2019 and the contract was valid till the 12th August 2019 that's when she was supposed to return the money with the interest she agreed to pay. But she has since resorted to not paying me. She extended till the 30th August but still she couldn't pay and she promised to pay on the 6th September, but she has since blocked my number. Is there anyway u can help or advice me to solve this.

Here’s a simple truth. Forex trading by individuals like you and me is no different to gambling in a casino. Many of us have heard stories of people who’ve won fortunes in casinos and many of us might have heard of people who made money from trading foreign exchange. Some of these stories might even be true but they cover up the stories that are never told. The VAST majority of people who gamble in casinos lose their money, just like the VAST majority of people who trade forex who also lose the money they gamble.

You need to remember that while forex trading is often described as a “zero-sum” game, where overall the amount of money stays the same, where for every winner there’s a loser, this isn’t actually true with forex trading. Ordinary mortals like you and me, if we’re reckless enough to trade forex, need to do so through a forex trading platform who take a cut from everything we trade. THEY are the only ones who consistently make money from the business. Whoever wins and loses, they make money. That’s why they’re so desperate to recruit new people.

In your case, I wonder whether any forex trading even took place? I think you should contact both the Bank of Botswana who regulate “deposit-taking” schemes and NBFIRA who oversee anyone who offers investment advice. Between them I think they have the power to make this person explain herself. Send me her details and I’ll get in touch with her as well.

The Voice - Consumer's Voice

He’s threatened me with the police!

Sir, I need your help here please. I sold someone a phone. I told the guy before he bought the phone that its not working it fell hard on the floor but still he wanted it. He even charged it himself. Now he is saying it looks like the charging system is burnt and he is demanding his money back and he is threatening me with the police. What can I do?

The first thing you should do is try to find any records you might have that describe the state of the phone you sold this guy. It doesn’t matter whether they’re SMSs, WhatsApp messages or emails, so long as they prove that when you sold him the phone, you had made it very clear that it wasn’t in working condition. Then, if he does involve the authorities, you can show them that he knew exactly what he was buying.

More importantly, in future, you should always sign a sale agreement whenever you sell something of value. It doesn’t need to be a complicated agreement and you certainly don’t need an attorney to draft it for you. It just needs to describe the item you’re selling in detail, including the model, specification and serial numbers. It also needs to include a description of the state of the item, it’s condition and how well it’s working. Also include the cost that was agreed and how the money was paid. Finally, it needs to include a statement saying that the person buying the item understands all of this, agrees to it and that ownership transfers when the payment is made. All it then needs is both your signatures and date and you’re done. If you want to go an extra step, ask a couple of other people to witness the agreement for you.

In your situation, given that there is no such sale agreement, I suggest you tell the guy that you have messages proving that he understood the state of the phone and that he’s welcome to think about that before contacting the Police.

Must my husband pay?

My husband had an accident last February with a car belonging to a company but the car was not as badly damaged like my husband's. The accident was caused by my husband and the police were called to the scene and he was charged. The other driver told my husband that he will see how to cover it at work as the car was not that damaged so they parted my husband knowing that he doesn’t have a pending case. To our surprise at the end of October last we received a court case from a lawyer saying my husband should pay them P26,436 for the damage to the company car. So my issue is it possible to attend the car without the plaintiff’s knowledge then to an extent of suing him only for the company driver to tell him it’s a minor issue.


Unfortunately, it was unwise to rely on the what the other driver said. He had no authority to speak on his company’s behalf and he certainly wasn’t entitled to say that the company would not take action against your husband.

I don’t know whether the company had insurance that covered the cost of repairing their vehicle but regardless of that, it doesn’t alter the fact that your husband, the person who caused the accident, is liable to bear the costs of the repair. If they had insurance, the insurer would pay for the repairs and then claim that money back from your husband. If they didn’t have insurance, they would simply instruct attorneys to chase him for the costs. Either way, your husband pays because he’s the one who caused the accident.

With hindsight, it obviously would have been best if your husband had taken out his own vehicle insurance policy. If he’d done that then his insurance policy would have covered the cost of repairing the other vehicle. If he’d had a fully comprehensive policy it would have paid the repair costs for his own vehicle as well.

I know what many people think that insurance is an expensive luxury but they only think that until they need it. Then it suddenly seems like a bargain.