The Voice - Consumer's Voice

I have no receipt!

I bought a TV in April for P9,999 and the TV stopped working beginning of October.

I reported the issue on 10th October and sent them all the information, the serial number and bank statement proof of purchase. He told me at the time that their system that reprints invoices is not working and IT in South Africa are looking into it.

After several follow-ups, I went to see the Shop Manager on the 22nd October to escalate the issue and sent him the details. He promised to give me feedback but he did not bother. I called after a week, he told me the same story that the other guy had told me and that he is waiting for the IT team to assist.

I called him several times and never answered my calls until yesterday when he told me there nothing he can do without a receipt. He gave me an email address of someone in Namibia. I sent an email and got no response.

Richard, am frustrated, please help.

There are several issues here and more than one law that I think applies. Before I start it's worth saying that whenever possible we should keep receipts for the goods we buy, particularly the expensive ones like your TV. The problem is that this isn't always practical. Receipts get lost, are left in the washing or simply fade so that after a few months they're just a blank piece of paper. That's why we should always take a picture of any important receipts with our phone and then send it to a reliable friend or relative as a backup.

However, even without a receipt it's still possible to prove that you bought an item from a particular store. You had a bank statement proving you spent the right amount of money on that date. That should be enough for any reasonable person. In my view, the situation is simple. The store should be able very easily to prove you are their customer and then honour the warranty on the TV you spend a lot of money buying. Frankly I don't care that their system isn't working properly, that's their problem. Not yours. I wonder if they know that any system that contains personal data like your purchase history must, by law, be supported by "reasonable security safeguards"? That's what Section 14 of the Data Protection Act says. By coincidence Section 14 of the Consumer Protection Act says that a supplier must offer "timely performance and completion" of services to a consumer.

I contacted the store and they gave me the same silly excuses. Let's hope they come up with a better solution very soon. And let's hope they understand the law sooner rather than later.

Are they legit?

Mr Richard do you know a company called Legit Notch FX they are in Bitcoin mining. Are they legit or just scammers?

Firstly, I'm very grateful that you asked before "investing" with a company like this. That's because it shows all the signs of being a scam. Firstly, while they have a web site which describes them as a "Trusted Forex and Cryptocurrency Broker", they give no clues about where they might be based. They give a phone number that appears to be in Delaware in the USA but their domain is registered to an address in Iceland. It was also only registered in January 2022. It doesn't add up.

Because they don't seem to offer their location it's also almost impossible to see if they're a registered company anywhere in the world. I suspect they're not. The biggest clue that this is a scam is actually their web site. Like many such crypto and forex trading sites they offer testimonials from what appear to be satisfied customers, including pictures of these customers. However, these testimonials are clearly fake because I found identical pictures with identical comments on several other scam crypto and forex sites.

The biggest lesson for all of us about cryptocurrencies is that it's an incredibly risky place to put our money. Only a few weeks ago, FTX, the third biggest cryptocurrency exchange in the world collapsed losing investors billions of dollars. In sworn evidence, John J Ray, the appointed liquidator of FTX said that:

"Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here".

That's not just true of FTX, it's a real risk even with the legitimate exchanges. There is no oversight, no effective regulation, no protection if things go wrong. Is that a risk you're prepared to take with your money?

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.

The Voice - Consumer's Voice

Will they fix my couch?

I bought a couch on instalment and before the end of 1 month the couch got broken and there were nails piercing as you sit on one of them. I reported through phone call and was told to go to the shop but I could not manage however I reported to the shop where I paid my first instalment.

They took them for fixing, but I went to the shop and told them that I no longer want to keep them as they are of poor quality and are unsafe. The store insist that I take them back. I stopped paying for them.

I was thinking of calling them to collect the rest of the chairs. They have collected the couch it's been more than a month.

I know this sounds unfair but you must immediately start paying your instalments again.

The reason is simple. The hire purchase agreement you signed says that if you're in arrears the store isn't required to honour the warranty and repair the faulty couch. They can just stop work and keep it. They can also repossess the chairs you still have. Why? What's often forgotten with hire purchase is that the goods don't belong to you, they still belong to the store. That's why it's called 'hire' purchase. The goods only become your property when you've paid the final instalments.

The biggest danger you face is that the store can repossess everything, including the chairs but that won't be the end of the matter. You'll still owe them the total hire purchase cost, minus the instalments you've already paid but you'll also owe them interest, penalty charges, debt collection fees and legal fees. You can end up owing them even more than you do now.

My advice is to pay the missing instalments as soon as possible and then tell them that they've failed to offer you "goods which are of good quality, in good working order and free of defects" as required by Section 15 (1) of the Consumer Protection Regulations. Let's see if that encourages them to give you what they promised?

A warning for Facebook users

Several readers have contacted us recently asking for advice about the scams they've seen on Facebook.

The main problem with the scams we see on Facebook is that the profiles running these scams often look like real people, perhaps even people we know. That's because they ARE the profiles of people we know. They could be family members, friends, workmates or strangers but these are their real profiles which have been taken over by scammers.

So how do they take over people's Facebook profiles? The truth is actually a lot simpler than people think. The accounts aren't "hacked", the hackers don't have amazing technological skills, it's much simpler. They get the login details and passwords simply by asking for them. And the victims hand them over without any protest.

What makes them do this? It's simple. Money.

I'll give you an example. A few days ago, a real Facebook profile tried to post this message in the Consumer Watchdog Facebook group:

"I will help 20 people with P700 who can complete the word that start with M and end with D."

I've seen before so knew what was happening but I contacted the poster asking if was true. They told me

"before we proceed on the giveaway to tell you that we are doing this giveaway for the people that are serious and really in the need of money hope you understand?"

They then asked for my name and basic details, including my email address and cell number and then said:

"you will receive a confirmation code now, send it to me immediately so we can verify your account for the giveaway".

That confirmation code is the code Facebook sends to someone when they've forgotten their password. While I'd been talking to them they'd tried to sign on to my Facebook profile and clicked on the button you use when you've forgotten the password. If they got that code they could have changed my Facebook password, take over my account, and then use it to run their scams.

Please don't fall for this. Do you really want to give away your Facebook identity to a scammer that all your friends and relatives will think is you?

The Voice - Consumer's Voice

I need my money back!

Good day Richard. Kindly assist here. I engaged an interior designer for my house on 3 October. He promised the turnaround time would be 21 days. I kept following with no luck. I sent him a watsapp and email demanding my refund and alerted him that I would now be engaging a different designer because I was running out of time only for him to send sub standard work on 23 November which doesn't even include everything that was on the quote. I haven't responded to the drafts he has sent so far as it broke my heart and I already engaged another designer. Please advise on what I could do with him.

I had gone to the police but they couldn't assist me as they said its a civil matter not criminal.

Firstly, the police were right. This isn't a criminal matter, no crime has been committed, it's a matter between you and this failure.

Let's begin with the Consumer Protection Act. Section 14 of the Act says that where:

"a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to … timely performance and completion of those services (and) timely notice of any unavoidable delay".

That's reasonable, isn't it? It means that a supplier must offer services reasonably quickly and if there are any delays, they should tell us. It's just good practice and being polite. That's not too much to ask.

Section 15 of the Act says a consumer:

"has the right to receive goods which are of good quality".

You deserve to get what you paid for. Again, that's not complicated, is it? It's just good business.

Part of the problem is that anyone can call themselves an "interior designer". Any of us could create a Facebook page and get some business cards printed. But that doesn't mean we're any good.

I think you should contact the guy and tell him very clearly that you cancelled the deal and demanded a refund after his promised turnaround time and long before he submitted the work. Also make it clear that what he submitted was not good enough. Give him enough detail that he can't argue with you.

They sold me a refurbished phone!

I purchased an iPhone 11 earlier this month, I was told it's a new phone. I asked if it was a second hand and they said no they are new phones. I believe I asked more than 2 times and the 2 ladies said it's a new phone. Even on my warranty card, they failed to state that as well .

A couple of days later it started giving me problems, that's when I noticed that it was a refurbished phone. I looked for their number on the warranty card. When I couldn't find it I decided to look in the receipt, that's where it's written that it's refurbished. I took it back and they gave me a different one. Now this new one has started giving me issues too. I want my money back so I can go buy a phone somewhere else. What steps can I take since I'm sure they won't want to refund me?

This is totally unacceptable..

Firstly, they sold you a refurbished phone as new. Section 13 of the Act says that 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".

Do you think they know that the penalty for breaking this Section of the Act is a fine up to P50,000, 3 years in prison or both?

Secondly, their warranty card says that their warranty on the phone is only for 3 months. That's strange as Apple offer a 12-month warranty on their products. It's also nonsense because Section 15 of the Consumer Protection Act says that a consumer:

"has the right to receive goods which are of good quality, in good working order and free of defects"

and Section 16 says that if they're not of good quality a consumer

"may return goods to a supplier … within six months".

I'll get in touch with them.

Update: The reader messaged me saying "The shop called me to come and collect my money. Thank you very very much."

The Voice - Consumer's Voice

What made my child ill?

Hi Richard. Please clarify something for me. It happened that last week Tuesday I bought a pack of biscuits from one store for my 19 months baby. She ate the first packet same day I brought them, then the following day she had another one. Then I noticed she had some rash on her arms and part of her face. I thought it was heat rash. The following day, when I arrived home from work I found that the rash was now spreading to the rest of the body, I then took her to the doctor. Later I found out that the biscuits I've been giving her the best before date had passed, I sent a message to the said store's page. They responded and advised I come to the shop which I did. Met the manager who then told me to bring a doctor's report indicating that indeed the child was sick. Unfortunately the doctor could not help me because at first I did not tell him that the child was reacting to the biscuits which is true because I did not know what was causing the reaction.

I'm not a doctor or an expert in food safety but I suspect this is more complicated than it seems.

Firstly, the store did nothing illegal by selling biscuits that were beyond their Best Before Date. BB dates just offer advice about when something will be in its best condition. Expiry Dates are the dates that really matter and a store that sells something after an Expiry Date can get into serious trouble.

Then there's issue of your child's reaction. It's almost always incredibly difficult to state with certainty what food might have caused us to be unwell. Most of us, including children, consume a huge range of food items every day and without lab tests it's very difficult to pin the blame on just one of them. I would ask what other, perhaps more risky items she consumed that day and in the recent past? It could have been any of them or perhaps even not related to food and drink. It could have been something she touched, a new washing powder, an allergy to a pet or even just the heat we've experienced in the last few weeks.

Was I retrenched?

I am requesting clarity on a personal note. I want to understand which way or regulatory body to use when lodging complaints against my bank.

I took a personal loan with my bank which is insured against retrenchment in 2018 and I am now retrenched. I submitted my claim with the bank in March after been retrenched and they claimed to be doing their investigation. Now 7 months later they respond having declined my claim for cover.

What can I do?

Like many issues this all depends on what's in writing. Banks, insurance companies, almost every industry rely on contracts with their customers that dictate what their agreement says. Consumers like you and me rely on them just as much.

There's a fundamental principle in the law that says that when an agreement is in writing, that writing is all that matters. Subsequent verbal agreements, things we thought we understood, something a friend told us, none of that matters. The only thing that matters is what's written. Of course these days an agreement can be electronic, it doesn't need to be on old-fashioned paper but it's still in writing.

In your case the detail is what matters. The retrenchment clause in your loan agreement does indeed protect you and cover the payments if you are retrenched. But that's not what happened. You weren't actually retrenched. The bad news is that the company you worked for closed, it shut down and no longer exists so you weren't actually retrenched. Not technically. Not according to the agreement.

I think the best thing to do is to read your policy document very carefully. That's what matters.

The Voice - Consumer's Voice

Where's my wine?

I bought a box of wine at a bottle store in Palapye. When I opened it and drank some it smelled bad. I took it back to the bottle store and they said I could have taken back the wine from the glasses and the person who was helping me said they don't drink so they don't know how it should smell. I had only drunk 2 small wine glasses, about half I think.

They said they can do nothing. They just said how are they going to take it back when it's half full. I told them I'm a regular customer I buy 2 boxes every week the same wine. I know how it smells and tastes. They kept on saying its just half.

What can I do?

I know drinking alcohol is not compulsory but you'd think someone who worked in a bottle store would know the difference in smell between good wine and wine that's spoiled, don't you? Even if they can't tell the difference, surely there must be someone there who can check it for you?

I contacted the bottle store and they weren't very helpful. They kept on saying that you had consumed more of the wine than they thought was reasonable. They told me that you "drinked all the wine in a box only one glass was left". They then told me " I manage to spoke with the supplier, they asked me to talk to you to contact them so that they can explain more about this issue."

Here's an important lesson. When you have a problem, the only people you need to contact are the people you paid. If they say you need to speak to someone else, such as the supplier in this situation, you can politely say No. You didn't buy the wine from their supplier, you bought it from the bottle store so it's the store's job to come up with a solution. It really is that simple.

I explained this to the bottle store manager but they found it difficult to understand. Then something surprising happened. The supplier called me. They were very understanding and very sorry that your wine was bad. They said that of course they would replace it but also explained that their understanding of the situation was exactly the same as mine. All it would need was for the store to ask nicely, return the bad box of wine to them and they'd give them a replacement to give to their customer.

I'll try again with the bottle store manager. Let's hope they understand now?

Is this real?

I saw a post on Facebook from a man saying he wanted to help 5 people with P3,000. All I need to do is tell him something reasonable I can do with the money. Do you think this is genuine?

Yes. It's genuine. It's a genuine scam.

I've seen several of these messages on Facebook and many people have tried to post them in the Consumer Watchdog Facebook group. As you can probably guess, it's not true. People don't give away large amounts of money to total strangers just because they ask. They really don't.

I've chatted with these scammers several times, pretending to be an innocent potential victim and every time the story is the same. There was always the promise of money and all I needed to do to get it was to prove my identity. However, instead of wanting to see my ID documents, they wanted something else. One told me "You'll got to verify with a Traction control now that you'll the one accpecting the giveaway". They then asked for my name, address, date of birth and "Facebook phone number". I gave them fake details and they then said "A verification code has been sent to your email send it to me so that we can verify you immediately".

This is what it's all about. That code was a Two-Factor Authentication code that Facebook sends when someone tells Facebook they've forgotten their password. If I sent it to them they'd be able to sign on to my Facebook profile, change the password and then do whatever they want with my profile.

The real tragedy is that once someone has given their Facebook profile to a scammer, it LOOKS like it's the victim who is the scammer. Do we really want our friends and relatives thinking WE are running scams?

The Voice - Consumer's Voice

Should they have sold them?

I bought solar panels from this shop and unfortunately left them at the shop because of transport logistics. We had planned on collecting same day but when we got there our car was too small. I went to Gaborone to collect only to be told the panels have been sold and I was told to wait a week for the shipment that was expected a week later. Today I went back to collect and I was told they do not have the panels still. Now am offered back the money with 12% cut or am offered better panels and I have to top up the money to get an extra 2 panels.

Is that how it is supposed to happen when I didn't cancel my order? Are they not supposed to fully refund me if they can't provide the goods? I have collected all the other things

I just thought if they wanted to sell they could have communicated. Why didn't they communicate when selling?

When I first read your message I was shocked. Shocked by how unreasonable these people are. You spent a lot of money with them and they sold a major part of your purchase before you could return with suitable transport? That's wrong in so many ways. I was ready to contact them and tell them how terribly they've treated you.

Until I asked a question. I asked how long it was between you buying the goods and returning to collect them. You told me "about 3 months".

I had assumed it was a matter of hours, perhaps even a day or two. Now I think the problem is more complicated. I still think the store was wrong to sell the solar panels without calling you. That was rude of them. I've seen your receipt and it has your cell number on it. There's no reason for them not to call and ask what you were planning to do.

However, I also think you put them in a difficult position too. You bought an item and then disappeared. For three months you didn't contact them. They stored your goods for you for much longer than was reasonable to expect and like most companies, they'll expect to be paid for that, certainly if it was for so long and wasn't agreed in advance. I suspect, given the situation, that their offer to refund you minus a fee, or to sell you newer, better equipment is reasonable.

Is this scheme legit?

I'm writing to make enquires about the running of unregistered motshelo scheme. I am one of the members. We're charged 10% interest when borrowing money.

I borrowed P4,300 back in July 2021 and then my employer closed his company during Covid-19 lockdown. I didn't manage to payback anything until when I got another job in May 2022. On the 22nd July 2022 I said I was ready to settle my debt. They said the money had accumulated and that in January this year it was P8,000. I paid P9,040 because I wanted to increase my contribution so that by December I should get a better amount PLUS my interest.

To my surprise they're saying I still owe a balance of P7,000+. According to my calculations I have paid more than I was supposed to. I must say I deeply regret the choices I made I just thought we were ladies from the same village. Now I need answers as to why exactly are they demanding some more money when I already paid.

I contacted NBFIRA and they told me that it's an illegal scheme and my interest shouldn't exceed the money borrowed. I need a second opinion from you Sir.

My second opinion is exactly the same as the first opinion you received from NBFIRA. This a very shady motshelo scheme. Firstly, the numbers are staggering. You borrowed P4,300 and you've paid back at least twice that amount. And now they want you to back almost double again? That's not acceptable. 

I think you should go back to NBFIRA and this time, don't just ask for their opinion, instead you should submit a formal complaint and ask them to investigate and get this scheme to behave itself. NBFIRA have the power and I know they have the capacity and will-power to use it.

The Voice - Consumer's Voice

Must I pay?

I desperately need your assistance. In 2020 my aunt bought a sleigh bed at a furniture store with the sales representative's idea that she opens an account with my initials and when she has a letter from her workplace she'll transfer everything to her names which she never did. I was given forms to fill in under my names.

Unfortunately along the way she failed to settle her debt, now I'm the one who has been blacklisted even though I was just a there to assist until she able to sign the account in her names.

Just recently I tried to buy a TV by hire purchase and my application was declined because apparently I have been blacklisted. That is when I tried to explain my situation to them and they told me that their hands are tied.

I'm only 26. I'm starting my own life and now I can't buy anything through higher purchase. I desperately need you to help me solve this issue.

I wish I could offer you some good news. But I can't. There isn't any.

I think you now know that you made a serious mistake in signing the forms in your name on behalf of your aunt, don't you?

I'm not an attorney but I suspect the legal issue here is very simple. Your aunt doesn't exist. Her promises don't exist. Her plan to switch the contract into her name doesn't exist. Only you, the store and the written agreement exist.

There's a principle in law that says that when an agreement is put in writing that writing is all that matters. "She promised", "she said", "but we agreed", "the salesperson thought", none of that matters. Only what's in writing matters. The agreement is between the furniture store and you.

Morally, it's obviously up to your aunt to find a way out of this situation but if she has no money there's little she can do. Perhaps the extended family can help? The only practical suggestion I can offer is that you keep talking to the store and assure them that you're doing your best to pay back the debts that are in your name. I'm sorry I can't offer better news.

Where's my refund?

On the 1st March I bought a used MacBook Pro from a store in Main Mall with 3 months warranty. I took it back on the 2nd March the following because it had fault, they fixed it and when I got it back I discovered another problem. I took it back again on the 12th March and they fixed it but it took something like two months to get fixed. I used it and then in July again it had a problem. I took it to them and told them I need a refund. In August I wrote them a letter asking for refund but the keep on promising me with empty promises and they never communicate. I can go to their shop and don't find the owners and leave the message but they never communicate. A week ago they promised me that they will pay me last week Friday but they didn't. I sent them WhatsApp messages and they responded saying they will send me money before end of yesterday because they are waiting for a payment somewhere but they didn't and they didn't even communicate even up to now.

You've been incredibly patient and I really admire your persistence. Many stores who let down their customers rely on people giving up after waiting for too long. You haven't given up and I respect that. I also like that eventually you put something in writing demanding a solution.

I'm sure you understand that the MacBook Pro you bought was used so we can't expect it to be in brand new condition but we can and should expect it to work reasonably well considering its age.

The good news is that the guy has offered you a refund. The bad news is that I dealt with the same company late last year with a slightly different situation. The company bought used equipment from someone who never got paid. They told me that even then the company was in financial difficulties. Seems like nothing has changed.

I've contacted them again and asked for an update.

Update: They responded, promising to pay half within a week and the rest as soon as they have some money.

The Voice - Consumer's Voice

Where's my refund?

Hello sir. I bought an SSD for P400 from a technician. Upon buying it I got to test it at home and found out it does not work. That was two weeks back and he has been saying he will refund or give me another one for two weeks. Kindly help me sir.

Let's start with the basics. Section 15 (1) of the Consumer Protection Act says that a consumer "has the right to receive goods which are of good quality, in good working order and free of defects". Section 16 of the Act says that if the goods fail this test within 6 months, the consumer may return the goods for a replacement, repair or a refund. In this case it was quite simple, this guy offered you a refund. So far, so good.

However, as often happens, he let you down. Despite promising you the refund, he's now spent three weeks wasting your time with empty promises.

I contacted the guy and to begin with he was helpful. He told me a long story about his problems with his supplier, the items he'd supplied you in the past and something about the compatibility of the SSD he sold you. He finished by saying that he would "give him cash before Wednesday next week". I asked him if was certain of that and he was very clear. "Yes", he said.

That was two weeks ago. Nothing has happened yet.

His latest approach is to refuse to believe it's me he talking to. Am I really the Richard in The Voice? Perhaps I'm an imposter? No, I hope he now knows this is the real me.

Let's hope he can find the P400 that he owes you soon? Otherwise I suspect he's not going to have many customers left.

Will they fix my shoes?

I bought shoes at a store at Game City on the 19th of June 2022 amounting to P2,300. I only started wearing the shoe on the 27th of June 2022. I then realized on the 13th of September that the shoe was tearing on the side. I then contacted them in what I presented as a complaint for a possible refund or replacement. The shop Manager got my contacts and advised me that she would get in touch with her supervisors and give feedback. I could pick from her attitude towards my complaint that I was not going to get a satisfactory answer.

A day after she sends me a WhatsApp message telling me her supervisors have come back to say there is nothing they can assist me with because their return policy provides that an item can only be returned within 7 days. I reasoned to her and she bluntly refused and advised me to take the matter up with anyone who can assist me. I am here feeling robbed that a shoe costing P2,300 should not display the characteristics of the one I got. I kindly request for your assistance regarding this matter.

This one is simple.

I've heard this story many times before. A consumer buys shoes from a store and very quickly there's a problem. However, the store refuses to accept any responsibility and says nothing can be done. Sometimes they blame their customer for damaging the shoes.

Of course it's possible that some consumers DO damage their shoes. It's possible. However, in every case I've heard I've believed the consumers.

The secret is to bypass the store completely. I'll get in touch with the manufacturers themselves. They have a reputation to consider and they'll protect it like they'd protect their baby. I'm confident that they'll help you out. I'm also confident they'll be speaking to the store and encouraging them to treat their customers a little better.

The Voice - Consumer's Voice

When should they deduct?

Mr Harriman please help me. My phone hasn't been working well and I really needed a phone so the only option for me was to get a phone on credit. And I did, then comes payment time we agreed that they debit my account on the 21st of each month the first instalment being last month but they did not debit as agreed. On the 23rd September I receive a message stating that my account hasn't been paid and I have to make an urgent payment by the 25th September. I made a plan and went on the 24th September and paid cash. Before paying I told them it was supposed to have debited on the 21st September but it did not. They advised that I just pay cash because the system does that at times

Then to my surprise on the 26th September they debited the account after making me pay over the counter. I called them and told them how unhappy I am and I need the money as it was the only money I had for the independence holidays and I had to use it. So they kept on saying there is no refund at all once I have paid that's it. After 2 hours of arguing they then decide to ask me to come fill forms for a refund which they still need to ask for from South Africa and up to today they haven't given me my refund. Please help.

I think this store needs to learn a few things.

Firstly, they need to learn how to process payments. They need to take a very careful look at the processes they have for setting up these payments and making sure they work properly. Clearly they don't work properly today. They also need to take a very careful look at the way they deal with problems.

The mark of a really good organisation is that they look at their processes and system through the eyes of the customer. Do these processes only serve the company, or do they serve the customer as well?

I've heard from so many people like you, who have agreed with a supplier that payments will be deducted on a specific date but then the supplier decides to make the deductions on a different date, just for their own convenience. Whether it's a bank, an insurance or telecoms company or a technology store, it's disrespectful, rude and just wrong.

I contacted someone I know at the store and they alerted management. You'll get your money back in a day or two. I'm sorry it wasn't in time for the Independence celebrations.

Where's my refund?

On May 28th this year I bought a Kids tablet from a store in Sarona Mall for P850.

In June I returned it back as it was not working properly. They took it and promised to get back to me as they are taking it for repairs. A month passed but I kept on checking but got nothing from the Sales Rep. At some point she told me I must forget since it seemed I won't get it nor any refund.

Last week the owner of the shop is telling me stories that he still wants to see receipts and job cards from his office since he fired all staff. I called him today and he tells me that his partner is away outside the country so he will wait for to come next month. I am concerned, I just need a refund from them.

This company is treating you with complete disrespect and you've been patient enough. The situation is actually very simple. They sold you an item that was faulty and you returned it. They had the choice to repair it, replace it or refund you but what they chose instead was to do nothing.

That's obviously not good enough.

I really don't care about the problems they have within their company, about firing all their staff and about the partner being out of the country. None of that is relevant, none of it is important.

I contacted the store and they said they received your complaint and that "we have explained to her that unfortunately there was no paper trail of her tablet and the person who was assisting her left the job now verification of the device is still rough but we are working on it and we will call her very soon".

I don't care about their failure to keep paperwork and neither should you. They need to give you a complete refund or the world will soon know how much contempt they have for their customers.

The Voice - Consumer's Voice

The collapsing Jojo (an update)

Last month I answered a question from a reader who asked this:

"I engaged a compony for installation of a Jojo tank at my farm. I paid them the full amount and 2 days after the installation the structure collapsed owing to their poor workmanship. They then promised to buy the Jojo tank and re install the structure. It's been over a week since their promise and now they are not even taking my calls.

How can you help? Or do you suggest I move forward?"

I suggested then that the time for patience and tolerance was over. I said that Section 14 of the Consumer Protection Act says that when "a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to" they have a right to expect the supplier to do their job "in a manner and quality that consumers are reasonably entitled to expect".

A Jojo tank on a stand shouldn't fall over in any circumstances other than perhaps earthquakes and powerful storms. Neither of these things happened this time, It fell over because it was badly constructed and it's obviously the job of this supplier to fix it.

The bad news is that despite lots of promises and even sending me his WhatsApp location to prove he was nearby and ready to fix the problem, nothing has happened. Nothing at all.

So what next?

One option is to involve the Competition and Consumer Authority. They can approach this guy and compel him to explain himself and then remedy the situation. Another option is to seek an order from the Small Claims Court for a refund. Perhaps the most effective option is for the customer to identify the company who let him down so badly in the Consumer Watchdog Facebook group? I know the consumer is telling the truth because I've seen the pictures and the supplier has also admitted that he's responsible. So maybe that's the first thing to do?

Where's my wiring?

I desperately need help. In April I asked this young man to wire my house. He came to see my house and told me he can get material through his company where he can get better discounts. So I sent him P3,620. He never came back to me, he always had stories and reasons up to date. I reported him to Mochudi Police but they never assisted me saying they don't handle such cases.

Please help me here, where can I get proper help to report this young man. I need my money back.

This guy is very suspicious. I'm a bit confused. In a conversation you told me that you hired him as an individual so what is this about getting discounts through his company? I wonder whether he's trying to separate a personal contract from his normal business dealings? There are many ways of trying to avoid tax if a company owner channels business through their personal account rather than through the business.

But in fact things are more complicated. You sent me a picture of his business card which describes the various things his company does, installing generators and solar panels, household electrical work, air-conditioners, refrigeration equipment, cold rooms, it's a long list. But here's the strange thing. The company doesn't exist, CIPA have no trace of it. Or of him. Obviously he exists, just not in the way he suggests.

Regardless of all this there is one very simple truth. You paid him a lot of money to do some work for you and he didn't do it. He now owes you one of two things. He can either do the work or he can give you a full refund. However, we already know that he's a bit suspicious and I don't think you should trust him to do do anything electrical in your home. Please don't take that risk.

I've contacted him and asked him when he's likely to pay you a refund. So far I've had no answer but I won't give up.

The Voice - Consumer's Voice

Must I pay this much?

I'm writing to make enquires about the running of unregistered motshelo scheme. I am one of the members
We're charged 10% interest when borrowing money.

I borrowed P4,300 back in July 2021 and then my employer closed his company during Covid-19 lockdown. I didn't manage to pay back anything until when I got another job in May 2022. On the 22nd July 2022 I said I was ready to settle my debt. They said the money had accumulated, and that in January this year it was P8,000. I paid P9,040 because I wanted to increase my contribution so that by December I should get a better an amount PLUS my interest.

To my surprise they're saying I still owe a balance of P7,000+. According to my calculations I have paid more than I was supposed to, I have sought for advice and I need a second opinion from you Sir.

I deeply regret the choices I made I just thought we were ladies from the same village. Now I need answers as to why exactly are they demanding some more money when I already paid. NBFIRA told me that's an illegal scheme and my interest shouldn't exceed the money borrowed. Could you please advise?

I'm not going to disagree with NBFIRA because they're right. Clearly this is an illegal motshelo scheme. I'm betting they're not registered with NBFIRA and they're also breaking the "in duplum" rule which says that when a debt is settled, the amount of interest cannot exceed the capital amount that you still owe. You borrowed just P4,300, you've paid back P9,040 and they still want another P7,000? That's a total of P16,040, nearly four times the amount you borrowed. That's crazy. At least some of the money you've paid should have reduced the loan amount and not just paid the outrageous interest this scheme is charging.

I suggest you speak to whoever is administering this scheme and pass on the advice from NBFIRA and insist that they do the maths again and this time come up with a better result. Either that or you submit a formal complaint to NBFIRA.

What can I do?

Kindly advise if this is worth suing or taking up with the legal team. I bought phone at a dealership in May. 2 weeks ago it showed that it couldn't read the sim slot 2 and I took it back to them. They told me that they would be sending it to Gaborone and it should be back in 2 weeks. 2 days before the 2 weeks I go there just to check if its back yet and they didn't have feedback for me and called the place to enquire but were told that the person fixing my phone is out of office.

On Thursday when I called to enquire I was told the phone has arrived. The sim slot has been fixed but they have also flashed my phone. When asked why they say the phone also had a software problem that needed to be updated hence they flushed it without my consent or at least backing up my information.

Richard the information that they erased is worth more than millions in value literally. Some is evidence that I am to use at court. A spreadsheet with loans. Screenshots of my loan agreements. Loans worth over 100k and convos between myself and the people who owe me. Conversations and proformas as well as proof of payments for stuff that I have ordered in China.

Kindly assist.

I'm sorry but I don't think I can offer you any assistance. Firstly, it was very unwise to hand over a phone that contained such important information without first taking a backup. Yes, the repairer should probably have asked you before wiping the phone but you should have been much more cautious. From what you told me, your business and much of your personal life depended on that information. You should have been backing this up on a daily basis. There are plenty of free backup services available these days. There no reason not to be using them.

Secondly, from what you said, and our later conversation, you were using that phone to operate a microlending business that hadn't been registered with NBFIRA. The bad news is that if you had been registered with NBFIRA they would likely have banned you because you failed to keep reliable records but as you weren't registered you face a different set of NBFIRA's rules. Perhaps worst of all for you, you probably no longer have any way to enforce any of the loans you made. Bu as you were making them illegally, can you really complain?

The Voice - Consumer's Voice

Is my phone new? (An update)?

A few weeks ago a reader of The Voice complained about a phone she bought. She said:

"I bought my iPhone XR from a store, they claimed it's a new phone, but the battery health wasn't 100%, also the model number according to Apple community is a refurbished phone. A month into using the phone it kept crashing. I had to send it back to them and they claimed it needed a software update, which wasn't true because I had already updated it. It also came with a damaged box and no charger.

And they informed me that a cellphone shop in Square mart is their supplier, and the supplier is not willing to assist with the query. They claim that it has been 8 months with the phone. I showed them the complaint I sent them about the phone being refurbished in January, hardly 3 weeks after buying it, So they are the ones who didn't escalate my issue well on time with their supplier, and that isn't my problem. So I told them I still demand a new phone and not a refurbishment. They said they'll call you so you help them hold their supplier responsible."

My reply a few weeks ago was simple. I said:

"Firstly, selling a refurbished phone as new is illegal, contrary to Section 13 (1) of the Consumer Protection Act which says that a supplier must "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".

Secondly, do they really think consumers can't identify a refurbished iPhone when they see it? It's simple. If you check the model number of an iPhone, the first letter describes its origin. If it starts with M it's new, F means refurbished and N, like in your case, means it was a replacement phone. Someone in the world returned their new iPhone to an Apple store and it was replaced with the phone you now have. And guess what? Most replacement phones have been refurbished.

Next, like you, I really don't care about their relationship with their supplier. That's their problem, not yours."

The latest update is that the store is still refusing to do the right thing. They've told their customer that I wasn't able to help them with their supplier so nothing can be done to help her. That's silly. Ridiculous. Nonsense. While I'm sympathetic to their situation, their business dealings with their supplier are their business, not yours and not mine. I've contacted them again and ask them whether they really think it's acceptable to treat a customer this way?

Must I pay after so long?

I bought a phone on hire purchase agreement from a furniture store in December 2014. It was brand new from the box. In less than 7 days the phone started freezing and becoming slow. I took it back to the shop and they told me that they will take it for repairs. I told them that the phone was still very new and it didn't deserve to be sent to a technician. I requested that they exchange and give a different phone. I was told that they will contact their suppliers and call me.

After a week I went back to them and I was told that the supplier hasn't responded to them. A month passed still awaiting their call but nothing. I paid for December but didn't pay for end January 2015. Around March 2015 I went back to them and I honestly don't remember what they were saying regarding my phone. I never bothered to check on them again. I waited for 6 years and 9 months for them to call and explain themselves but they failed and instead I received a call from a firm they use to collect their debts, saying that I owe them for the phone that I only used for less than a week. They say I should pay them the full amount which I can pay but will they bring back my phone?

This is insane.

Yes, you breached the terms of your hire purchase agreement and that's always a bad thing to do. Even though you didn't have the phone you were still committed to make the payments. However, this situation is completely absurd. They've had your phone for SEVEN YEARS and they still expect you to pay for it?

I'll contact them and suggest they either need to fix this issue immediately or find a psychiatrist.

The Voice - Consumer's Voice

What can I do with my phone?

I bought a Samsung a72 from a store at the station in Gaborone with a warranty of 3 months. Within a short period of time the phone started freezing and showing pictures when making calls. Then I went back to the shop and they exchanged the phones. 2 weeks later the phone was flashing on screen and when I scroll down it will be scrolling forever without stopping until I switch it off.

Then I reported to the shop where I got it and the owner said there is nothing he can help me with unless I give it to them to fix which I refused telling them I can't get a brand new fixed phone. Right now it has a speaker problem and when I talk it either increase or decreases the volume.

I bought it at P6,200.00. I'm struggling to use it and I reported at Consumer Affairs but its dragging. Please help me sir.

Where shall I begin? Let's start with this nonsense about a 3-month warranty. That's not a real thing. Section 16 (2) of the Consumer Protection Act say that if goods are faulty a consumer:

"may return goods to a supplier in their merchantable or original state, within six months after the delivery of the goods".

So it's six months, not three. Don't they know this? How can any company that sells things in 2022 not know this?

Secondly, they clearly have a problem with the phones they're selling. I can understand one phone being faulty, these things occasionally happen, but two? That's too much to believe. There's something wrong. It might be a faulty batch of phones but these are high-end Samsung phones, so I find that hard to believe. It's more likely that they're second hand, perhaps refurbished or maybe even faulty phones that have been returned by customers overseas and then ended up being sold here as new. We all know this happens, don't we?

I'm also surprised by the price. I checked around and the price you paid is cheaper than in other stores. A lot cheaper. That's always suspicious.

I'll get in touch with the store and see if they'll see sense.

Is it a virus?

I bought a memory card from a store at Riverwalk on the 5th of September and on the 10th of September my phone reported SD card not inserted yet it was inserted and when I look at my files they were all deleted. I then took the matter to the manager who told me that I should come next day when the IT guy is around. The manager told another IT to check if indeed the card that I bought is the problem or my phone. Then she verified that the problem was the card, so she couldn't help me since she was not sure how to handle the issue. Then she said I should come the next day after she talked to another IT to help her. She even mentioned that the virus is now left on my phone they will have to clean it up and clean the memory card. Then to my surprise when I followed up today they told me a different story that they can't help me. I asked for a refund and they refused. As a result of all the above my phone cannot do voice notes, cannot even take any pictures, my phone cannot open any stickers sent to me please advise.

They need to take full responsibility for their fault. All I want is them to clean up my phone and the card as well like they promised or issue another card. I already lost important information on my phone because of their card.

I think you need to speak to a real expert, instead of the so-called IT people this store uses. It's highly unlikely that a brand new SD card would come with a virus on it, it must have come from somewhere else. Even though SD cards and memory sticks are very useful, they are very dangerous and are one of the most common ways computer viruses and malware spread from one device to another. I know several organisations that have now banned them completely because of the risks they pose. You only need one employee to download something dangerous alongside pirated music or movies and store it on such a device and before you know it an entire company can be a victim to a ransomware attack.

My suggestion would be to find someone or a company who is expert in these things and see what they can do to inspect your SD card and phone to see if they can be recovered.

And in future, please make sure you backup everything that's important to you.

The Voice - Consumer's Voice

Where's my car?

Sir i need your help. In March, I signed a car contract with a car importer. I paid for the car of which they were supposed to import from Japan. The car was supposed to be delivered in 12 weeks from the time of payment. Even up to now they have not yet delivered the car.

I have made several attempts to get in touch with the director but he is not taking my calls and isn't responding to my messages. Your help will be highly appreciated. Thank you.

I have good news and bad news.

The good news is that they're talking to me. I contacted them and they fairly quickly responded, confirming that there have been delays with your vehicle. They also suggested that they'd been in touch with you to discuss a solution.

Now here's the bad news. FIVE other people all contacted me in the same week, telling me identical stories about the same company. They all paid the company large amounts of money and are still waiting for their vehicles, months after they were promised. They were also being ignored and not given feedback.

Section 14 (1) of the Consumer Protection Act says that where:

"a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to … timely performance and completion of those services (and) timely notice of any unavoidable delay".

But we don't need a law to tell us that, do we? Isn't it just polite to tell people if something will be late, particularly a customer who has paid a great deal of money.

This company is clearly going through some difficulties and I hope they manage to honour their promises to refunds their customers.

Update: It's now SEVEN other people with the same problem. 

Further update: It's now NINE other people.

Where's my stuff?

I have a problem with a company. I ordered a vinyl cutter from them in February. I paid cash and to date since then they have been giving me excuses. They always say since May that the goods had arrived and its always another month and now I also wonder where are the goods?

All I want is what I ordered, and it seems like I was lied to for all those months. Last month I was told my goods have arrived and to come collect and when I got there there was a different story. I gave them the whole month to clear their goods and now we're on 2nd month.

Please how best can you advise me, because now I can't get what I ordered and to get a refund is also another month. Today I spoke to one of the owners and told me that isn't not his problem. How can you help me at least to recover my money back?

Again, I have good news and bad news.

The good news is that like the car importer above, this company is also talking to me. They told me that they responded to you and that "he asked to be refunded immediately and he was told refunds are not immediate they take 2-3 weeks."

Readers of The Voice should know that when I passed this message to you, you responded by saying "That's what exactly what they always say. Since May the goods had arrived and I've been told the same, now that it's been months.

We should both keep the pressure on them because clearly they're a bit confused about where the goods are, when they'll arrive and (I suspect) whether they really exist.

The bad news is the same as the reader who is still waiting for his car. In the last couple of weeks I've heard from several other readers who have exactly the same problem with the same company. They also seem to be going through some difficulties.

With both of these companies, I'm sure we all understand that times are tough but that doesn't excuse letting them down and then going silent on them, does it?

The Voice - Consumer's Voice

Is my phone new?

I bought my iPhone XR from a store, they claimed it's a new phone, but the battery health wasn't 100%, also the model number according to Apple community is a refurbished phone. A month into using the phone it kept crashing. I had to send it back to them and they claimed it needed a software update, which wasn't true because I had already updated it. It also came with a damaged box and no charger. They gave me a separate charger with the claim that the phone doesn't come with a charger rather it's sold separately.

And they informed me that a cellphone shop in Square Mart is their supplier, and the supplier is not willing to assist with the query. They claim that it has been 8 months with the phone. I showed them the complaint I sent them about the phone being refurbished in January, hardly 3 weeks after buying it, So they are the ones who didn't escalate my issue well on time with their supplier, and that isn't my problem. So I told them I still demand a new phone and not a refurbishment. They said they'll call you so you help them hold their supplier responsible.

I think this store need to learn a few very simple lessons.

Firstly, selling a refurbished phone as new is illegal, contrary to Section 13 (1) of the Consumer Protection Act which says that a supplier must:

"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".

Secondly, do they really think consumers can't identify a refurbished iPhone when they see it? It's simple. If you check the model number of an iPhone, the first letter describes its origin. If it starts with M it's new, F means refurbished and N, like in your case, means it was a replacement phone. Someone in the world returned their new iPhone to an Apple store and it was replaced with the phone you now have. And guess what? Most replacement phones have been refurbished.

Next, like you, I really don't care about their relationship with their supplier. That's their problem, not yours.

And finally, they don't get to tell me what to do. I'm not getting involved in any arguments with their supplier. They need to honour their obligations to you and to the law. Quickly.

Update: I contacted them and they said they'll contact you and see how best they can assist you.

Where's my loan?

Can you please assist? My husband applied for a personal loan with his bank. Before this application, a friend paid him back a certain amount she owed him and the payment was done through the bank. Now the lady who was assisting him at the bank says they cannot assist him with the loan he requested because he has to submit a formal written letter with a stamp and letterhead from the person who was paying him back. Mind you they were just friends assisting each other with money. Now the question is since they are just friends where should they get the letter with stamps and letterheads because it was not even company money or anything.

How is that possible and how can we go about it?

I haven't spoken to the bank but I think I know what's happening here. I think this is about the anti-money laundering laws that banks are required to follow. These AML rules say that banks need to have some knowledge about where the money we receive and give to other people comes from and what it's being used for. Most of the time it's simple. We get our salary, we pay our bills, we go shopping and occasionally we make large purchases. Those are easy for the bank to understand because they can see when we swipe what we're doing. However, payments they can't easily understand make them unhappy if they can't explain what's happening. The authorities are entitled to wonder whether the money is secretly funding terrorism, drug smuggling or the paying protection money to the mafia.

I suggest that we both speak to the bank and ask them how they can help you fix this problem.

The Voice - Consumer's Voice

Will they repair it?

I have a complaint about a shop in Main Mall where I bought an iPhone 6S Plus which is not working according to my expectations.

Ten days after the date of purchase the charger stopped working. I tried to reach out to them but they kept ignoring me, I bought it in Gaborone but I stay in Serowe so because of lack of money I couldn't go to Gaborone. In July it was less than a month after buying it, I went to them to tell them about the charger. They gave me another one and I went back to Serowe. Still in July the phone had a problem of vibration I told them via WhatsApp but they ignored it until it started switching off at 29% power. I also tried to reach but they kept ignoring me until I told them that I'm going to the police. A constable in Serowe connected us until they agreed to diagnose the phone and repair it so last week Monday I went there to give them the phone for diagnosis and repair. They suggested I come back with money to top and get another iPhone bigger than the one I'm using. I left my phone which was supposed to be back on Wednesday, I tried to communicate with them but ever since then they switched off their phone. I received my phone on Thursday morning but they are still not replying and they did not repair anything.

I think we need to escalate this situation and help you demand your rights.

Section 15 (1) of the Consumer Protection Act says that a consumer "has the right to receive goods which are of good quality, in good working order and free of defects". Clearly they failed this test.

Section 16 (2) of the Act say that a consumer "may return goods to a supplier in their merchantable or original state, within six months after the delivery of the goods … if the goods fail to satisfy the requirements and standards" required by the Act and then they must either repair the item, replace it or refund the consumer. They failed this test too.

Section 16 (4) of the Act It goes on to say that once something has been repaired, if "within three months the same problem recurs in the goods, the supplier shall … replace the goods or refund the consumer the amount paid by the consumer". Yet again, they're failing.

I'm not convinced this was a new phone when you bought it. I checked the serial number and the warranty on the phone expired in 2017, suggesting the phone was first activated in 2016. I think they're hiding something.

I contacted the store and all they could say was that you should return it to them again. They weren't able to offer anything better than that so let's get a bit more aggressive, don't you think?

My Jojo collapsed!

I engaged a compony for installation of a Jojo tank at my farm. I paid them the full amount and 2 days after the installation the structure collapsed owing to their poor workmanship. They then promised to buy the Jojo tank and re install the structure. It's been over a week since their promise and now they are not even taking my calls.

How can you help? Or do you suggest I move forward?

I suggest you DO move forward. By getting even.

I can't think of a better example of a failure by a supplier. Section 14 of the Consumer Protection Act says that when "a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to" they have a right to expect the supplier to do their job "in a manner and quality that consumers are reasonably entitled to expect".

A Jojo tank on a stand shouldn't fall over. It's not complicated, is it? And if it does fall over, the job of the supplier is just as simple to understand. Fix it.

I'll get in touch with the guy and try my best to explain these simple facts.

The Voice - Consumer's Voice

Where's my tractor?

I followed a certain page on Facebook in June who claimed to be selling used tractors in Caledon in Western Cape in South Africa. I made an enquiry on their Whatsapp line and they responded that they do have it. 

A proforma invoice was sent to me on 11 July 2022 and they told me that tractor will be delivered within 3-4 days. On 12 July they confirmed that they have received my payment and will now process the export documentation. That was the last time I heard from them.

The amount of money I sent is R85,000 and this was done bank transfer using FNB online banking.

Now they do not read my Whatsapp chats or answer my calls.

Unfortunately I don't think I have any good news for you. The bad news is that your money is gone, never to be seen again. You've been scammed.

There's a company with the name you gave me that's registered in South Africa, but it isn't registered with the number shown on the invoice you sent. The real company's registration number is very different. This isn't just a simple mistake, this is a con. The genuine company is also registered at a very different address to one shown on the invoice.

Their Facebook page is also suspicious. They only offer a cell number and the web site they give hasn't been set up yet. Also, the domain they're using was only registered a year ago. The Facebook page offers some very good deals on tractors but these deals are way too good to be believed. I'm no expert on farm equipment but I checked the prices for similar equipment and the prices these guys offer are incredibly low.

This is yet another scam, just like many others we've seen before. These scams always offer normally expensive vehicles or equipment at remarkably cheap prices. In fact they're nothing more than Facebook pages that anyone can set up.

The lesson for us all is a simple one. If something seems too good to be true, it probably is.

How do I buy cryptocurrencies?

Hello Mr Harriman, I need to buy a certain crypto currency. By doing a bit of research I have heard it's going to go up. I have tried to buy it through some American crypto app but cannot download the apps because of our region. I have done my research, I just need the correct avenue to enable me to buy.

I know it's a gamble but I don't mind I just need an avenue to buy it because there are a lot of scammers. You probably don't believe in crypto, I understand, but just like stocks, if done right it can be lucrative. I just need help on how I can purchase the currency.

Can you recommend any crypto person or company to help me buy?

It's not that I don't "believe" in cryptocurrencies, it's just that they're incredibly risky. Their value can rise extremely quickly but it can also fall just as quickly. That's why they should never be seen an investments, just like any other currency. People don't "invest" in the Pula, US dollar, Euro or Yen, they trade them. Some people, a very small percentage, make money by doing this but the overwhelming majority either make no money or lose it. That's even more so with cryptocurrencies. For example, if someone had bought Bitcoin this time last year they would have lost 57% of the money they spent by now. With the smaller cryptocurrencies like the one you told me about the risks are even greater. Just remember that even though it's quite easy to buy a cryptocurrency, it can be very difficult to sell it again if the value drops. You might not find anyone foolish enough to buy it from you and you'll be stuck with an asset that's disappearing in front of you.

Then there's the scammers. The currency you mentioned appears to be legitimate but the whole industry is dominated by crooks, scammers and liars, all trying desperately to get your money.

My advice is simple. Investing your money in cryptocurrencies, like any other currency, is little more than gambling and you should treat it that way. If you've done your research and have some spare money you don't need and can afford to lose, then have a go. Otherwise, play safe.

The Voce - Consumer's Voice

Where's my car?

Hello Richard. On June 15 I paid P68,000 to a South African car dealer through their agent in Botswana. I wanted a Nissan Dualis which they promised to deliver that same week. On the day when I was expecting to receive the car (20 June), they informed me that the truck that was carrying the cars to Botswana had a slight accident and unfortunately my car got damaged (they sent me photos of the damaged car). I then told then that I cannot take a car that has had an accident, so they promised that they will sort me out with another Dualis soon.

Days and weeks passed without any communication from them, unless if I am the one who questions on the progress. I am still waiting even now, and they are taking me from pillar to post. Every day is a new story. I have asked them for a refund since they cannot give me a new car, and still they are not helping.

None of them, the car dealer and the carrier company, wants to take responsibility. Please help.

I'm sure there are some honest people in the car import business but sometimes it's hard to find them.

I understand that when importing cars there are occasional accidents like the one that happened to your car. I also understand that in a situation like this, it's the job of the importer to find you're a new vehicle. So far, so good.

But something doesn't add up. If it only took 5 days last time, from the 15th to the 20th of June to ship your vehicle why is it taking so long this time? Why has it been two months? Perhaps they don't have the right vehicle available? If that's the case why can't they just tell you and let you decide what to do? Whatever the reason, I think it's time for a refund.

I suggest you contact them and give them a deadline. Tell them that if they don't refund you within a week you'll take legal action against them to recover your money. Tell them you'll also be contacting the Competition and Consumer Authority, Consumer Watchdog and The Voice. Between us we should have enough muscle.

Another second-hand car disaster

I bought a BMW X1 from a dealer in Mogoditshane on the 20th June. On the 31st July I experienced an engine problem and contacted the owner of the garage the next day only to be told that the warranty was only 7 days and that I had signed to agree with that since it's written on the receipt. I was never told about the 7 days before then.

Their salesman gave me the car with a dead left headlamp and promised to fit it but never did it and I had to pay someone P600 to fit it. I also had to buy myself the back wiper for P150 since they did not put it on. Also a pipe from the water tank started leaking and I had it replaced for another P600. On the 31st July while on a trip the car slowed itself down near Mahalapye and we stopped to observe what was the problem and there was some loud noise coming from the engine. We had a towing company transport the car on a truck to Mahalapye since it was the nearest place of safety. I paid P850 for the service.

Please help me get assistance.

Buying a second-hand car is an incredibly risky business. We've had hundreds of complaints over the years that were all very similar to yours and the challenge is always the same. Most second-hand car dealers offer almost no warranty on the cars they sell and customers often only discover this when they get a receipt, after having paid a huge amount of money. We could argue that explaining this after the consumer has paid isn't legal but that would be a job for attorneys.

The lesson is simple. Be VERY careful when buying a second-hand car. You should ALWAYS get a mechanic to inspect any car you're thinking of buying. Most of us have a friend or relative who knows more about cars that we do. Ask them to take a look. If you don't have someone, go to the garage that serviced your last car and ask if one of the mechanics wants to earn something extra. I promise you it will be worth a few hundred Pula or a crate of beer to get their expert advice. It might save you a fortune in the long run.

Also, get the dealer to put something in writing about the state of the car you're buying. Insist that they identify all the known problems before you hand over your money. If they refuse, ask yourself what they're hiding because they certainly can't be trusted with your money.

The Voice - Consumer's Voice

How much was the engine?

Please advise. We went to a certain store in Mogoditshane to buy a car engine. Upon arrival we were told that the engine costs P9,800. After a discount we paid P8,700.

So then the manager told the shop assistant that the price has changed and was not updated on the system yet. He said the price is P14,000 and expected us to top up and pay the amount. We refused and requested a refund. He then changed and said it's fine we can take it. While they were preparing to give the engine to us another man came in seems like the owner and told us they will be making a loss if we took it at P8,700. They didn't want to give back our money and we ended up negotiating with them and taking it at P10,000.

I was just wondering if they are even allowed to do that to customers. I feel frustrated.

I think this store needs to think very carefully about how they advertise their products, in particular how they display their prices. You had a reasonable right to expect that the price displayed for the engine was the correct price and my view, as someone who isn't an attorney, just an amateur, is that once you paid the price and they accepted your money the engine was your property.

So maybe the store made a mistake when they displayed the price? Yes, that might be true, everyone makes mistakes sometimes. But the time to correct the mistake was before they took your money. And if they did make a mistake and don't want to sell you the item at the lower price, how dare they refuse you a refund? That's completely unacceptable.

You were very flexible and tolerant when you agreed to negotiate a higher price and I think the best thing is to put this behind you. Yes, you paid more than you originally thought but you paid a lot less than what the owner wanted you to.

Maybe you've done ok?

Where's my refund?

I wanted to track a lost phone and I searched numbers on Facebook to find someone to help me locate it. He said I should send P400. After a few hours I managed to find the phone and I called him to refund my money.

He said they had already cashed the money so I should wait until they close and he will ask his boss to ewallet which he didn't do. The following day he said we don't have enough in the till and he said he will do it when he goes for lunch. That's it, he stopped communicating with me. He's refusing to refund me and he's not picking my calls nor replying to my messages.

He said he is from a store which was a lie because when I called them they said they don't know him.

There are two issues here. Firstly, should he refund you? I think that depends on whether he did any work in the few hours after you sent him the P400. I suppose it's possible that in that time he was very busy doing his best to track your phone. It's possible you would have been very pleased to be told where your phone was. It's possible you would have thought it was value for money. However, I think it's up to him to demonstrate that he was a busy guy in that time. But that would mean he must answer his phone and anyone who refuses to answer for so long is hiding something.

The second thing is he's a liar. He claimed to be working for the company, he made excuses about talking to his boss and getting money from the till when in fact they've never heard of him. He was lying to you and you can't trust a liar.

This guy can't be trusted. I'll contact him and try to persuade him to do the right thing but you know something about liars? They lie. They can't be trusted. If that approach doesn't work I think you need to visit your local Police Station and suggest they consider laying a charge of Obtaining By False Pretence, contrary to Section 308 of the Penal Code. That should wake him up and help you get your money back.

The Voice - Consumer's Voice

Can they charge me so much?

I'm kindly asking for your advice. I owe someone P1,500 motshelo money. When returning back the money is it possible for the person to say I owe them P6,000. Looking at the duplum law rule. Shouldn't I be paying P3,000.

Thank you.

I think you know your rights already!

The in duplum rule is something understood and enforced in many countries including our own and it's quite simple. To quote a highly respected judge (one of ours) in a judgment passed in 2008, the rule "serves to aid debtors in financial difficulties by holding that it is unlawful to recover interest equal to or more than the capital sum upon which interest had accrued". Later in the judgment the judge also said that "the application of the in duplum rule cannot be waived".

In simple terms, the in duplum rule is law and there's no way around it. If the person running this motshelo scheme wants their money back, they're entitled to demand it form you including interest but the interest cannot be more than the P1,500 capital you owe. So you're right, they can't demand more than P1,499 in interest payments.

I think you should also approach NBFIRA, the Non-Bank Financial Institutions Regulatory Authority and get their advice and ask them to examine this scheme. Depending on the setup of the scheme, they might be able to give you some advice and assistance.

The simple truth is that you can't avoid paying your debts. They don't go away and they can damage your finances for the rest of your life if you're not careful. However, the Consumer Protection Act offers consumers protection from lenders using "force, coercion, undue influence, pressure, duress, harassment, unfair tactics". They must recover their debt in a reasonable manner and charge only what the law allows them to charge.

If this person refuses to see sense, I'm happy to contact them for you and explain all this to them.

Will they pay us?

My brother is late we buried him this month. He insured himself and we proceeded with the claim and they promised that it will take 24 hours. We waited and waited until I phoned them and they said that the policy has been deactivated last year August but the owner has been paying until the last month, they didn't communicate with him telling him that the policy has lapsed. They took the money even after August.

They said he missed some months in different years and they didn't communicate as they are supposed to do. I went to the post office were the claim was processed and they were surprised because they didn't tell them as they do in all policies, when someone missed payments they inform them to tell the person to pay outstanding balance but with this one they didn't.

I know that some companies insist that it's entirely the responsibility of a customer to make sure that monthly instalments are made, whether it's insurance, hire purchase or a bank loan. I understand that. However, it's 2022 and don't they have our cellphone numbers and email addresses? Don't large companies have expensive computer systems that can be set to send out messages when the payments they expect aren't made? Is that too much to ask for? I don't think so. They're making enough money from us that I think they can afford to ask their IT people to help us all out.

However, that all depends on us keeping them informed if we change our contact details.

The lesson here is that we can't always rely on banks, insurance companies and hire purchase stores to let us know if there's a problem with our payments. Yes they should be telling us but we know they can't be relied upon to do so.

Update: I contacted the insurance company and they responded extremely quickly, saying they would look into the situation urgently. I then heard from the reader who said the insurance company had already been in touch, apologising and promising to make the payment the following day.