Saturday, 14 September 2019

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.

Saturday, 7 September 2019

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.