I have a problem, i bought a car on the 15th May from one of the garages in Mogoditshane, unregistered. I took it unregistered so I could register it for myself since I needed the 2,000 it would cost if they registered for me. I managed to register the car last week Friday, and that Friday I was driving it for the second time since I parked it on the day I bought it. I went to Gaborone to service the and car. When my mechanic saw it, he said it has to be cleaned because it had too much sludge and Sunday before he cleaned it, the car started smoking badly. The same afternoon he cleaned the sludge which seemed to have affected some parts of the engine.
After he completed the service the problem still remained. I tried to talk to the owner of the garage and he said there is nothing they can do since I had already asked the mechanic to help me. I told him I need a refund but he doesn't want to talk to me, he cuts my calls when I try to reach out.
Whenever I try to talk to him he gets aggressive, he doesn't address me politely, which makes it difficult to pursue the matter. Please advise me?
I must be honest, this is likely to be complicated.
The first mistake was to buy the car without having it thoroughly checked out by an expert. Every time you buy a second-hand car, no matter how old or cheap it might be, you must get it checked out by an experienced mechanic. They'll be able to spot things that the rest of us wouldn't spot. If you don't know a mechanic, ask your friends, family, workmates, someone will know one. If that doesn't work, I suggest you visit the last trustworthy garage you used and see if one of the mechanics wants to work a little overtime for you. It might be worth a few hundred Pula and a crate of beer to get their advice. It might save you a lot of money in the long run.
The second mistake was to get anyone other than the garage to look at the problem. They can now say that someone else messed with the vehicle. It's obviously not true but it's an argument they can use to defend themselves.
I think the best option is to contact the Competition and Consumer Authority and see if they have any advice. They've had some success dealing with shady car dealers and their power and experience might be useful. If that doesn't work I can explain the Consumer Protection Act to them. I'll make sure to use short, simple words so they understand.
Can I change my mind?
This serves to enquire about my rights as a consumer who has since purchased some goods and want to retract. I have bought a smart TV at some store and was supposed to come back and collect it since I did not have money for transport by then.
I now want to cancel the purchase due to financial issues I am currently facing. The TV was worth P7,499.95.
This also might be complicated.
Remember that our consumer rights, while powerful and extensive, don't include the right to change our minds. The law only says that we can return an item we bought if it's faulty or if it was somehow mis-sold. If the item is in working order and we've changed our minds, it's up to the good will of the store to take it back. It's their decision.
Yes, some stores have a policy of allowing returns but that's just very good customer service, it's not a right we have. That's why the products from these stores are usually a bit more expensive. We're paying for the right to change our minds.
I think you should ask the store if they'll cancel the deal. Remind them that the TV hasn't been delivered yet, it hasn't even been taken out of the box. It's as good as new and it's certainly not second hand or used.
However, even if they do agree, they might still charge you a fee to do this. It might be worth it.
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