The Voice - Consumer's Voice

My phone isn't new!

Good day Sir. I need your help. My issue goes like this; I bought an iPhone 11 128GB end of June 2022 with a 1 year warranty. In the first week of getting my phone, it malfunctioned. The phone kept on freezing and the screen most of the time was unresponsive, also, it kept on closing an app while busy using it and open others and sometimes make calls on its own. I informed them and since I was outside GC, I eventually managed to change the phone I think 3 weeks after. They changed the phone for me to the one I'm currently using, but the problem still persisted and this time around with a faulty charging system as most times I struggle to charge the phone, other days I charge without a hassle. I have been going to their shop and they keep on doing whatever they knows best as 'fixing' the problem which never truly helps. I even took videos of when it was 'malfunctioning' as they did not buy my story because when we are at the shop, it was working fine, only once when i was at the shop it showed that I wasn't lying about freezing and closing of apps.

You once talked about checking if your phone is brand new or refurb, and with mine the model number start with N and battery health is around 84%. I only got to realise that last month, and its coverage has expired yet I was told that this is a brand new phone. I explained all this to them but it seems like they do not want to help me, right now they do not even respond to my texts and I have spend a lot of money going to their shop with no help.

I contacted the store and they weren't very helpful. Or understanding. The manager first told me that they ask their clients "to check the phones they are buying before they buy and if they are up to standard". He said "As far as I'm concerned we are supplied with brand new phones that we later on supply to clients." But how can a client actually do that? They can't "check" what will happen a week later. He also told me that clients "can't come back after 6 months and then make such claims". Sorry friend, but that's exactly what consumers CAN do. That's their right.

I tried my best to tell him that Section 13 of the Consumer Protection Act says a supplier:

"who offers used goods shall inform a consumer that the goods sold are used goods by … placing a label on the goods that indicates that such goods are used goods; and … placing a notice on the invoice issued to a consumer".

It also says that a supplier that contravenes this section can face:

"a fine not exceeding P50 000 or to imprisonment for a term not exceeding three years, or to both."

The simple fact is that a iPhone with a model number staring with 'N' can't be considered as new and it's illegal to sell something as new when it isn't. This store needs to understand that. I'm not giving up explaining it.

I need my money back!

I have a problem. I have paid P40 000 to this building supply company early this year. I have an account with them, every time when I'm in the process of building I deposit money in that account so that anytime I want materials it's easy for me to get it. Now last week we phoned them telling them that we have health problems we want the money back. They asked my wife to come in person to sign. When she left Palapye they said they will deposit money this week. Till today they haven't.

They are saying they want to bring back P10 000 every month. I told them that the doctor needs P46 000 paid at once. One other thing I explain to them that if I took materials from them I would understand, but now I have taken nothing from them.

Firstly, I'm sorry for the stress this must be causing you. Normally I would say this depends on the written agreement you have with this supplier. However, in this case they've already said they'll give you the money back so that first obstacle has already been passed.

But my concern is simple. Where has your money gone? You paid them P40,000 to cover any future costs you might incur with them. So where is it? I'm not an accountant or an attorney but surely your money should be resting in account somewhere, waiting for you to spend it? That they're suggesting paying you back in instalments is very worrying. My fear is that they've spent your money already.

I think we both need to contact this supplier and ask them politely to explain where your money has gone. And when you'll get it back.