The Voice - Consumer's Voice

Can I get my money back?

I bought a car Mazda CX5 for P92,000 from a car dealership in Mogoditshane on 17th October and it immediately gave me problem of overheating. The salesman said we should bring back the car so he can attend to it. I left it with them on the 18th and collected it on the 21st then travelled to Gantsi.

On our way the car started losing power and could not reach 120km/hr. The salesman said we should observe it and give him feedback. On the 25th the car stopped with me in the middle of the jungle. We called the mechanic to diagnose for us and he said it was injectors. I asked if it we can drive it to Gaborone and he said its best we tow the car. On the 28th we towed the car to Gaborone and we paid for the expenses. We left the car at the garage and collected it on 5th November and travelled back to Gantsi. The car stopped 165km to Gantsi. It was overheating and speed not exceeding 80km/hr. We called the salesman again he said we should let it cool down before proceeding with our journey. The car refused to perform and we called him again and he said we should tow the car to Gantsi. So we towed the car to Gantsi and paid P1,800.

When we talk to him to refund and find a way to come get the car in Gantsi he started being angry and told us to bring back the car and get our money. When reminding him that he is responsible for the cost he said we should use the balance of P3,000 that is left with us but we paid for towing from where we were stuck to Gantsi. When telling him that last time when we towed the car to Gaborone we paid P8,000 after negotiating with the towing company. I need help to get my money back for the car and the money we used to tow the car.

I'm not an attorney, but I suspect there's a mixture of good and bad news for you. The good news is that the car dealership said they would repay you the price of the car, the P92,000. I hope you got that in writing, even if it's just a WhatsApp message.

However, it might be a challenge to get back the towing fees. I'm not trying to defend this dealership that sold you an unroadworthy car, but it's not their fault that you were so far away from them when the car broke down.

The most important thing when you buy a second-hand car is to always get it thoroughly inspected by a mechanic before you pay the dealer. The inspection might cost you a few hundred, but it might save you tens of thousands.

What can I do?

Someone close to me is claiming to have made over P4 million through Yellow Card and is busy paying money every day saying its clearance fees, income tax and I'm told she has been doing this for over a year now. I tried to warn her but she doesn't want to listen.

The victim was told her cheque is at FedEx and was taken to BURS who demanded P19,000 tax and then returned the cheque back to FedEx after the P19,000 was paid by the victim. This other relative tells me she is owed P90,000 being the money the victim keeps on borrowing to pay for those unending levies that are demanded by various financial bodies including the IMF, which are said to be clearance fees for the money to be deposited into the victim's account.

Her debts are mounting every day because she claims the P4 million cheque is waiting for her somewhere. Unfortunately she is keeping this to herself because she thinks soon she will be P4 million richer. I found out the money paid to these guys is over P200,000.

This is tragic. As most of us will know none of what she's been told is true. She's not dealing with Yellow Card, Fedex, BURS or the IMF. She's dealing with scammers.

Thankfully, she has people like you who are skeptical and who are trying to persuade her that it's a scam. However, very often in situations like this, the victim is so emotionally committed to what they hope will happen that they can't see the truth. I think the best thing we can do is report this to the police. We know that a crime is taking place, and we need law enforcement to do their job.

The Voice - Consumer's Voice

How does it work?

Good day sir I want clarity on something. I took a bed and TV from a furniture store then I had challenges to pay so last year around May then they came and repossessed their belongings. Then I was told I was blacklisted. Ok it's then then I went to the shop to ask for my credit scores and they told me to pay them P8,000 to settle the credit. So sir I want to understand how it works?

I also want to know what are the procedures to be removed from ITC. Does it mean banks won't help me with a credit record still in the system?

Unfortunately, as we've explained here many times before, this is how hire purchase works. If you don't pay your monthly instalments the store can do several things. Firstly they can ignore any obligations they have to fix any faults the item develops because the item doesn't belong to you, it still belongs to them. That's why it's called 'hire' purchase. Until you've made the final payment, the goods aren't yours. That leads to the second problem if you're behind with your payments. They can repossess their goods immediately and without going to court. That's because when you signed the hire purchase agreement you gave them permission to recover their goods from you.

Then you encounter another problem. Even though you no longer have the goods, you still owe them the money. They might sell the repossessed goods for a small sum and they might deduct that amount from your debt but it's not guaranteed. This debt will never easily go away.

Finally, the company is likely to increase your debt with penalties, interest payments, and charges for every letter they send and phone call they make. They will then register that debt with a credit reference bureau and that record will remain there until you repay the debt completely. Even after that, it will still be there for a couple of years so other lenders can then decide whether or not to lend to you based on your recent history.

I contacted the store and asked them to check how much you owe them and explain it to you. Then you'll need to negotiate a repayment plan that you can afford.

Can they repair it?

Hi Richard. I recently purchased a washing machine from a certain store in Gabs brand new but it was faulty on the first attempt to use it the same month I bought it in. I only used it once and its been 3 weeks. I requested for a refund or them to fix the machine they are telling me they don't offer refunds but rather fix the machine. How do I deal with the store or where do I report them? Sometimes I think these people sell faulty things and that there is like a loophole for consumers and I think it should also have a duration as to how long they should take action more especially with electrical gadgets.

Readers of The Voice will probably know by now that 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". That's simple. The next section of the Act, Section 16, says that if goods are faulty the consumer can return them within 6 months of purchase for a repair, a replacement or a refund. Those are the three Rs. That's regardless of the warranty that the store offers.

However, the store can choose which of these options they prefer and in many cases a store will try to repair a faulty device first before offering us a replacement or a refund. That makes sense for them because it's probably the cheapest option. But what these stores often forget is that they only get one chance to repair it. Section 16 also says that if "within three months the same problem recurs" they can no longer try to repair it and they only have two Rs left, a replacement and a refund.

Finally, it's important to know about Section 14 of the Act which says that we are entitled to "timely performance and completion" of any services a supplier offers us. So let them try to repair it but make sure they don't take too long about it.

The Voice - Consumer's Voice

Must I agree?

I have an inquiry. So a customer bought a phone from me. The payment plan was monthly instalments. Now after month 2 they started saying they don't have money to pay for the phone asking if it could be returned and wanted the first instalment to be used to fix the broken screen and then return it.

I take it I'm not supposed agree to these terms right?

(I thought it would be good to take a question from a store rather than a consumer because I think this question says a lot about some consumers.)

No, you are NOT supposed to agree to these terms. Let's be kind and assume this customer is unsure about their rights and not just a bad person.

Let's think about this case step by step. They bought a phone from you and you were generous enough to sell it to them on instalments. (You might want to reconsider this idea.) Then they broke the phone and couldn't pay the second instalment. Neither of these were your fault. Then they asked you to take back the broken phone and use the money they'd already paid you, which was now YOUR money, to repair the phone. In other words, they want to turn back the clock and simply borrow the phone from you, break it and ask you to repair it.

I hope you're a courteous person because I think you need to take a deep breath and politely tell them to pay the second instalment and then fix the phone themself. You had a sale agreement in writing I hope?

Can they charge me to repair the phone?

I bought a brand new phone a REDMi A3 on the 3rd of September amounting to P1,600. Since last week the side buttons on the phone are not working. I went to them for help since they told me that the phone have 3 months guarantee only for them to refuse, saying its not a technical problem and if they repair the phone i will have to pay P150?

This store clearly needs some education. They need to know that 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". That's simple. Surely it's completely obvious that the buttons on a phone must work?

The next section of the Act, Section 16, says that if goods are faulty the consumer can return them within 6 months of purchase for a repair, a replacement or a refund. The store can choose which of these options they prefer but they can't decide to do nothing. They must choose one of those options. For those stores that find this difficult to understand, let me repeat one thing. It says six months. Not a week, not a month, not 3 months, not any other period the store decides. It's there, in plain text in the law. Six months.

I think you should go back to the store and tell them this. It's important to understand that most shady stores are really afraid of customers who know about their rights. Just mention these sections of the Consumer Protection Act and most likely they'll suddenly become much more friendly.

If you want to go a little further you should tell them that Section 16 also says that if the store decides to repair the faulty item and "within three months the same problem recurs" the store can no longer attempt to repair it, they can only replace it or refund the consumer. They only get one chance to repair it.

I suspect that faced with you and your knowledge of your rights, they'll treat you better. If not I'm happy to get involved and help you educate them.

The Voice - Consumer's Voice

Can they take these details?

I want to ask if its the correct procedure for these institutions to request a bank card for a loan application?

No, it's not and it shouldn't be. You sent me a copy of the conversation you had with this microlender and they wanted various things from you. Some were reasonable, including copies of your ID, 3 months bank statements, , your latest payslip and a confirmation letter from your employer. However, the last item they wanted was "5. Bank Card". That's where I have a problem.

I contacted the company and they were very polite and explained how legitimate they were. However, they said that sometimes: "we need to make use of a so-called card-not-present transaction, similar to when such client will do an online e-commerce transaction" and that "we need to capture the card number, as is physically displayed on the card – exactly the same as when buying online".

But I don't understand that. That's not how online purchases work. When we buy something online using our debit or credit cards we also enter the CVV number on the back of the card. Does this microlender do that? I asked and they said "No, we don't." If what they say is correct, they can't use the card for an online transaction.

I don't know for sure why they want the card number but speaking personally, I wouldn't trust any company that asked for it. I suspect they might only do this to know that you have a bank account and help prove your identity. It's easy enough to forge a payslip or bank statements. But they should just be honest about it. I also spoke to a very senior banker and he said that this was deeply suspicious. He couldn't think of a reason to take it. My worry is what can be done with the number and how carefully they're storing it.

My advice is to be very careful how and where you disclose sensitive information like your card numbers. Please treat them as carefully as you would your cash.

Can they charge this much?

My mother purchased some furniture items; a bed, TV and fridge on a hire purchase agreement. Beginning of this year her work contract came to an end apparently because of no funding from their donors. She notified the store of this, however the shop has consistently called her requiring her to pay.

My issue is in that now the shop (being owed around P8,300), apparently having involved or in the process of involving sheriffs have indicated that with the involvement of the said sheriffs, my mother will have to pay double that amount plus an additional fee of P2,500 for the sheriffs to leave Gaborone and go to Masunga (where the hire purchase was made). The supposed reason for this process is because the shop does not give the sheriffs my mother's "profile", they have to travel all the way to get it. I don't know or understand what the additional P8,300 which is 100% of the outstanding amount is for.

It cannot be said to be ethical how hire purchase stores make their money, my question, is what is happening here?

What's happening here? It's hire purchase happening here. Hire purchase can be a reasonable way to buy things if you recognise and accept how expensive it can be but it only works well if nothing goes wrong. Even just a single missed payment can suddenly make your hire purchase debt a terrible burden. This is because of the small print where it describes the interest and penalties you can face and also that the store can repossess the goods whenever they like if you're in arrears. And even if they repossess the items you bought, you still owe them the money.

The best thing your mother can do is to discuss this with the company and negotiate a payment plan that she can afford and that they will accept.

The Voice - Consumer's Voice

Scam Alert – a delivery scam

We've heard from several people recently who were scammed after they received notifications about shipments that were to be delivered to them. Unfortunately, several of these people then lost a lot of money to the scammers who sent these messages. It's important that we all understand how these scams work so we can protect ourselves and also help educate the people we care about so they don't fall victim as well.

The scam begins with a text message alerting the recipient to a package that's waiting for them. 

In order to receive this package they are invited to click on a link in the message and then pay a very small amount to have the package released. In many cases, it's just over P4. However, this is a lie, it's just the beginning of a much more complicated process. If you click on the link (you shouldn't) you're directed to a website that looks very much like that of a legitimate shipping company.

The one I received linked to what appeared to be the website of Botswana Post. It led me through a series of screens in which I was asked to enter my personal information including my address and contact details.

Finally I was taken to another screen where I was asked to enter my bank card details. This included the card number, expiry date and the CVV code that is used to prove my identity. 

Obviously I used fake details but I was impressed by how professional the screens looked. The moment I entered the last digit of my fake CVV code the screen went blank and I was returned to the Google welcome page. You can bet that within moments, the scammers will have used my card details to spend my money. I spoke to a victim who had then received an OTP which, unfortunately for her, she handed over to the scammers, still believing that it would lead to the delivery of a package. She lost over P7,000 and another victim I heard from lost more than P18,000. 

The bad news is that if you fall victim to a scam like this your money will quickly disappear forever and your bank isn't going to be any help. It's not their fault that you voluntarily gave criminals your banking details. They'll wash their hands of you.

The solution is simple. Please, never click on a link in an email unless you are 100% certain it's genuine. If you have any doubt, don't click on it. You can save yourself a LOT of money, hardship and distress. Please spread the word to everyone you know never to fall victim to a scam like this.

Can't they cancel the policy?

I'm a government employee and in July I tried to get a life cover from an insurance company because I wanted to get a loan. When I got to the bank they said they couldn't help me with the insurance since it was going to start working after 12 months. I then decided to cancel the cover and do it when I'm ready again. I contacted those who were helping with the paperwork and told them that I would no longer need their life cover so they should cancel it. They came to my workplace then gave me a form to sign that I no longer want the cover. This was around the 14th July. To my surprise end of September I received my pay slip and they had deducted. Just yesterday I received another one for October and they have also deducted. I tried asking the person who was helping me why are they deducting but he is not answering to any of my text.

Could you please help? Is it OK for them to be deducting when I had long signed that I don't need their services?

No, this is certainly not OK. The rules set by NBFIRA are very clear. There is a mandatory cooling off period within which you can change your mind and cancel an insurance policy. Clearly, this insurance company has either ignored this or they've failed to update their records in time. Either way, it's their job to fix this problem, to refund you the amount they've already deducted and then make sure that no further deductions take place. If I was in your position, I would also demand a letter from them confirming that the policy was cancelled.

I think we should both contact this insurance company to make sure they understand what you need them to do.

The Voice - Consumer's Voice

Can they get my money back for me?

Please help me with a legit recovery company that deals with recovery of cryptocurrency platforms. I believe I got scammed and I want to recover my money back. I invested through Yellowcard and I never received any profits as I kept on sending with the hope of receiving more.

I was engaged with one certain company named Recovery Management Service Botswana they said they can recover for me but it seems like it's a scam too. I did not pay coz I felt they want to scam me as they wanted me to pay a fee for their service before they can release my money. Please help, thank you.

Firstly, I'm very sorry that you fell victim to that scam. If it's any consolation, you were certainly not the first person to fall for a scam like this and you won't be the last. It's also important to know that the scam you fell victim to was nothing to do with the real Yellow Card company. Yellow Card is a legitimate cryptocurrency exchange but they are not themselves a way to make money. We've reported endless times about these scams for several years but clearly the message hasn't spread far enough yet. The simple truth is that anyone, no matter how charming they seem, no matter how many impressive Powerpoint presentations they show and no matter how much they offer in profits, they're lying to you.

However, the real tragedy is that many people who've been scammed are then scammed a second time when they're approached by someone who claims they can help recover the losses they made. Like in your case, they give themselves an impressive name and suggest that they can somehow recover the money stolen from you. But this is just another scam. It's probably even the same scammers who know they took your money before and think they can do it again. And many times they're right.

I'm really happy that you spotted this before you fell victim to a second scam. Now please join us in trying to spread the word about these scams and help the people we care about to avoid them.

Where's my money?

A few years ago I opened a savings account with my bank. The account had a balance of P120 which all along I thought was gaining interest. I did not transact on this account for a few years.

Last month I went to the bank to try and deposit some money into the same account only to be told that the account has been closed and my savings have been gobbled by bank charges. Meanwhile I had all along been of the impression that i have invested P120 as savings. Can you help me get my P120 back with interest or ask the bank to reopen my savings account with my original investment plus interest?

Unfortunately, I don't think I have any good news for you. I suspect the solution to this problem will be found in a small print of the banking agreement you signed when you first opened this account. Although the account might have some interest over the years it's also likely that there were bank fees that were deducted from the balance on a regular basis. Given also that the amount of money you invested was so little, the interest would've been tiny and probably very small compared to the bank charges. It's no surprise then to find that the accounts probably empty.

The other problem you face is that bank accounts that are ignored for a long period of time are declared dormant and eventually closed by the bank. You might've seen lists of these accounts published in the newspapers when the banks are trying to contact the account holders to either reopen the account or give them any money they're holding for them.

The lesson is to understand as well as possible the terms of conditions of any bank account you open and then do your best to abide by those terms and conditions. I also think the banks are letting us down by not educating us sufficiently about these things. They're the experts, they're the ones who should be sharing their knowledge with us. Isn't that what we pay them to do?

The Voice - Consumer's Voice

Must I pay?

Good day Mr Harriman I have a question.

In 2020 my then boyfriend bought me a car and I had an emergency and ended up pawning it with a pawn shop. When you pawn your car they change the bluebook to their company name. Things went south and I gave him back the car. He sold it to somebody who gave him half the money and said he will pay the remaining balance so that the pawn shop is paid and he gets the blue book. He failed to pay the remaining balance. I paid two instalments and waited for the money but the person who bought the car never paid. So the debt is still in my name. I acknowledge that.

So here is the issue. They are saying I should pay the whole amount. I have no problem doing or making arrangements for that debt to be cleared but after I clear I get the blue book back in my name. Now they are telling me that the blue book has been collected from their office and it has been change to another person. I don't know who that is. I never sent anyone to collect the blue book. They should have not given out the blue book because I was still owing them.

They are saying the individual who gave out the blue book is no longer their employee. How does an employee give back a bluebook of a car that's still owing? How do I go about this?

I'm really sorry to hear about this. It's a complete mess.

The pawnshop industry is a very dangerous place for consumers. It preys on people who are desperate to raise some money and who either don't understand how it works or they're too desperate to notice or care. It's also an industry with a lot of characters who are uncaring and suspicious.

I'm sure you understand that you made several mistakes here, as did several other people. Your first mistake was to hand back the car to your former boyfriend when the bluebook had been given to the pawnshop. It was also a mistake for your former boyfriend to try to sell it and to accept only partial payment for the vehicle. It was another mistake for the buyer to take the car without the bluebook. The pawnshop then made a mistake when they gave the bluebook to some other person. Who was this person they gave it to? Was it the person who bought the car from your former boyfriend or someone else?

I think the best thing you can do it to meet with the pawnshop managers and discuss what it's best to do. Without doubt you'll owe them money and you have to understand that you'll never get the car back. You should also contact NBFIRA who oversee pawnshops to see if they can offer any advice. They might be interested in investigating the pawnshop to establish how they could have been so careless.

Must I pay 10% for the delay?

On 12th July I placed an order with a local company to import a gadget for me and made a down payment of P1500. They promised to have delivered the items in a few weeks and it's currently more than 2 months. Recently I requested that if the product hasn't arrived within their stipulated ETA I should be refunded so I can order with a different company. They are now charging me a 10% cancellation fee and I find it unfair because of the lost opportunity. This gadget was for a project I lost because of their delay. Can you help me get my full refund?.

I think we need to educate this guy on Section 14 of the Consumer Protection Act. This says that when "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". It also says that a consumer is entitled to "timely notice of any unavoidable delay".

I'm sure we all understand that delays happen but it's important for suppliers to take responsibility for managing any delays and for keeping us updated. I think it's simple. In this case he failed to do this and HE needs to take responsibility and not mention any silliness about 10% penalties. Let's both tell him this?

The Voice - Consumer's Voice

My t-shirt faded!

Hello please Richard kindly help me. I bought a t-shirt and 4 months later the printing is gone. I bought it for P500 plus transport to Kasane. I called them to tell them about the problem they said I should return it for an exchange. I send it to Gaborone again for a relative to return it only for them to be rude and refused to help.

By a strange coincidence I've had two very similar complaints in the last few days. Both involved an item of clothing where the colours and imagery had faded. In the other situation it's likely that the consumer hadn't followed the washing instructions attached to the item of clothing they'd bought. I know it seems boring but those instructions are very important. Firstly, they'll help you prolong the lifetime of your clothing. I'm not an expert but I know that different fabrics have very different washing instructions so it's very important that you read and follow the instructions the manufacturer gave you.

Secondly, those instructions form part of the terms and conditions and like with any other item, if you don't take care of your purchase and something goes wrong, the supplier can politely reject your complaint.

However, in your case there's good news. I contacted the store and within minutes I got a message from them which said:

"I'm one of the Directors there, as I remember they was a time we recalled all those T shirts for exchange. We are very sorry for her not getting a proper help."

He suggested the consumer contact him on his cell number and apologised profusely for the inconvenience she'd experienced.

They made me confess!

Please advise me here, I was involved in an accident on the 16th June and reported the accident to my insurer through my broker. I was then given a claim form to complete it, and there was a part that I skipped and submitted the form because it was too complicated for me! In that portion there was a question which asked me to estimate the speed before the accident and I didn't answer it as I didn't know speed I was driving at. This claim form was later returned to be filled completely. I called my broker upon filing that portion, I was asked to write just any speed as it is an estimation, they continued to say even if you write 80kph of which I chose to write and returned the form. When the insurer responded, my claim was repudiated with reasons being overspeeding in a 60kph! Then my broker lodged an appeal on my behalf and the same claim was still rejected. I then decided to enquire with NBFIRA and they asked me to lodge a written complaint, but since I insured through the broker they insisted that they write the letter on my behalf. I now have 3 weeks still waiting for the letter and nothing is coming forth as they promised. Kindly look into this matter and advise me. Thank you.

I don't want to seem unsympathetic but you made a terrible mistake here. You confessed, in writing, to committing a speeding offence and then gave that document to your insurance company who had a rule that you weren't covered if you were speeding.

I understand that this might not be true and you explained that you did this only because your broker told you to do this but it doesn't change the fact that you confessed and there will be a copy of that confession in the insurer's files forever.

The only practical suggestion I can suggest is that you demand that the broker take responsibility for your situation. They suggested you should do this and it's their responsibility to find a solution. I hope you have evidence to prove that they made that suggestion?

I'm happy to contact the broker as well if they aren't helpful.

The Voice - Consumer's Voice

Must I find the packaging?

I bought a phone in Game City around February but the cellphone just locked so I took it back to the seller. It's there even on their records it shows I bought the phone from them but the problem is my helper misplaced the box and they are saying they cannot help me anyhow. I am stressed kindly advice or help me in the best way possible.

I guess many of us have heard this before. A supplier says that they can't help if we don't have the packaging that the device we bought came in. Without it they say they can't help us.

Is this reasonable?

No, of course it's not reasonable. It's ridiculous nonsense. Clearly this store needs to get a copy of the Consumer Protection Act and read Sections 23, 24 and 26 of the Act. They all talk about what can and can't be in a contract. For instance, it says that a supplier may not impose conditions that are "unfair, unreasonable or unjust" or that allows them to "waive any liability". Refusing to repair or replace a faulty item simply because a consumer no longs has the packaging is clearly unfair, unreasonable and unjust. Anyone knows that. Even if it wasn't, did they explain this to the consumer when they bought the phone? Did the consumer agree to this in writing as required by Section 24 of the Act?

I contacted the store and they sent me a series of excuses about why they couldn't help and they all related to their supplier who insisted on having the phone back in its box. I tried to explain that this is their problem, not the consumer's problem and that OUR laws are more important than their arguments with their suppliers. But maybe they just don't care? The issue was raised in the Consumer Watchdog Facebook group but it's clear that some suppliers really don't care about what matters most.

Where's my refund?

Last year in September I paid a deposit of P850 for a chest of drawers to someone who then failed to deliver on the order. He promised to refund and has since failed to date. He keeps giving empty promises every month. Please help me recover my money.

What is it with some suppliers? I know that none of us are perfect and that we all make mistakes but why are some people so unreliable and untrustworthy?

I'll begin by being charitable. We all understand that sometimes suppliers have problems. Maybe they were let down by their suppliers, maybe something beyond their control happened, maybe there was a pandemic, a delay at the border, who knows. Bad things happen and that often results in delays.

Presumably because we all understand this, it's even written into the Consumer Protection Act. Section 14 says that consumers are entitled to expect and receive "timely performance and completion" of services they pay for but that they are also entitled to get "timely notice of any unavoidable delay". In simple terms a supplier should be on time but if there are delays they need to tell us about them.

Is that very hard to understand?

Clearly it is for this particular supplier. However, I contacted him and asked what he was planning to do. To his credit he responded very quickly and said "i will pay this Month end". He explained that "I'm waiting for someone to pay me and finish the Job that's y i said month end".

Maybe these are just more empty promises but we'll see. Let's check in on him again at the end of the month and see if he keeps to his word.

The Voice - Consumer's Voice

Can they do this?

Last year, I purchased several items from a furniture store including a 58-inch flatscreen TV, for P7,999. On May 25 an attempted break-in at my home resulted in severe damage to this TV. Confident that my warranty was still valid, I promptly contacted the store and was instructed to obtain a police report, which I did without delay and presented to their staff.

To my utter disbelief, I was informed by the store manager that they do not repair or replace customers' damaged electronics, despite the warranty still being in effect. This response is not only shocking but also completely unacceptable. It is clear that they have no intention of honoring its commitments to customers once it has taken their money. The claim that the warranty is void because I paid off my purchase earlier than required is utterly absurd and reeks of a deliberate scam.

I find it appalling that a company would engage in such deceitful practices. The assertion that early settlement of payments voids the warranty is not only false but also a blatant attempt to avoid responsibility and shirk their obligations to your customers. This kind of behavior is unacceptable and reflects a complete lack of integrity.

I demand an immediate resolution to this matter. They must either repair the damaged TV or replace it as per the original warranty terms. I will not accept any further excuses or evasions.

I'm sorry to hear about your experience. However I don't think I have any good news for you.

I'm not an attorney so I can't offer you legal advice but as speaking as a layperson, I suspect you don't have a case here. Firstly, there's a confusion between a warranty and insurance. A warranty normally only covers manufacturing faults, usually for a year after purchase. It doesn't cover damage caused after the purchase that is no fault of the supplier.

Also, the insurance that comes with hire purchase typically only lasts for the duration of the hire purchase period and while the item remains the property of the supplier. If you settle the contract early, the property then becomes yours and all the risks associated with ownership become yours.

I'm happy to contact the store for you but I suspect you'll be out of luck.

Is this right?

I have a problem with a furniture store. I took a sound bar radio I don't remember well that I took it last year or end of 2022. Then I started my monthly instalments which was P200 last year. Last May I had family matters as I was attending to my grandmother illness and I notified them so I didn't pay for my monthly instalments up until early this year. They took the radio from me and they have blacklisted me. I cleared my balance last month and they removed me from the blacklist. Now my question is, is it fair for someone to pay full price of a good that has been taken away from you? That have been sold out with less money I paid? How can I be assisted?

Unfortunately, this is another example of how hire purchase is often misunderstood and how it can go badly wrong.

One thing that's often overlooked and misunderstood about hire purchase is the first word in the title: 'hire'. It's called hire purchase because until you've paid the final instalment, you are just hiring the item you think you're buying. You don't own it, it still belongs to the store. That means that if you fall behind with your instalments, the store is entitled to repossess their goods without notice and without going to court. This was all agreed in the hire purchase agreement you signed.

The best thing you can do is to move on and do your very best never to buy anything on hire purchase again.

The Voice - Consumer's Voice

What should they do?

This insurance company opened a policy in my name without my consent. After I noticed the deduction on my payslip, I called and was told that a fraud investigation will be conducted and that I will be contacted with an update soon. A week later I got an update and I was told that my case is on a list that their fraud department is handling and I will be assisted as soon as possible. Its been 2 weeks and no one has contacted me. This is a concern because I am wondering how many fraud cases they are investigating. I'm not sure if they will make another deduction this month.. I don't know how long it will take to get my refund because my family needs the money.

Most importantly should we report such cases if they are taking this long?

This is not acceptable. This isn't just a typical consumer problem, a crime has been committed here and you have a right to expect rapid action. You also have a right to expect police involvement.

Unfortunately, I've heard a few stories like this recently. In the other cases rogue insurance agents managed to gather details of potential customers and then set up policies in their names. They then benefited from the commission paid to agents for making a sale. Except there were no sales.

Did you recently speak to such an agent? If so, at least we know their name and there's enough evidence for the insurance company to investigate and, most importantly, to call the police.

I'm worried about this suggestion that your case "is on a list" and the suggestion that you need to wait for this matter to be resolved. That is not good enough. You deserve immediate action. The time to fix this problem should be measured in hours, not days and certainly not weeks.

I've contacted the insurance company and alerted them. I hope they'll take very rapid action. If they don't, I suspect that NBFIRA will be angry as well. And the cops.

Where's my gun?

I bought a BB gun sometime last year. I have on several occasions taken the item in for repair due to gas leakage. All the safe keeping of the item was adhered to as advised and as per instruction sheet insert. On 23rd April, I took the item back yet again for the persistent issue of gas leaking to be repaired. I went back again on the 26th April for collection and upon collection, I asked them to have the item checked by their store assistant. I discovered the leakage still happened and that is when they booked in the gun for further repair. On that day, the Manager told me they had ordered the correct seals for the same make together with other parts for different guns and that their consignment was still held by SARS awaiting clearance.

To this day, I have never received any communication from the store on progress. I have been making trips and phone calls to get any answers on when I can get my gun back to no avail.

On the 17th August, the manager told me that they were not in a position to either replace or refund me for the goods purchased, saying that I have to understand that they have issues with their supplier. I further advised him of the Consumer Protection Act, that his statement offended some of the sections contained therein but maintained his earlier position.

How can I go about this issue?

You don't need my advice. You have done exactly the right thing already. You told them that you understand your rights and that they've had their one attempt to repair the item and that now it's their job either to replace the gun or refund. That's what Section 16 of the Consumer Protection Act says very clearly.

Update: I contacted the store and they agreed with you and me. You've now been offered a refund or a replacement, it's your choice, just like the Law says.

The Voice - Consumer's Voice

Can I cancel the contract?

I am currently outside the country but I am coming back in 2 days. I want to buy a washing machine on hire purchase furniture. It is my first time using hire purchase. I had discussions with a salesman I usually buy from. There machine was advertised at P6,999 cash and P8,799 for 30 months. I paid deposit and I was to collect the machine next week Wednesday. Now he sent me an invoice now I have to pay P16,802. They say its insurance cost but they did not include it on the advertisement and they did not mention it to me throughout all our discussions.

i was wondering if its even legal to do this. I haven't asked for my refund yet. I will let you know if they refuse.

I think this is a very good example of how expensive hire purchase can be. Something that's on sale for a cash price of P6,999 can cost more than twice that amount if you buy it on hire purchase. In this case it's more than 2½ times the cash price which you'll pay for 2½ years.

However, in your case that's not the issue. You were sold a deal that offered you the item for much less than this total amount. Clearly that's wrong. But was it a mistake or was someone trying to deceive you?

Either way, it's very important that you tell them that the deal is cancelled and you will not be continuing with it. If necessary, tell that that Section 7 of the Consumer Protection Act says that if products are "are not availed as advertised, the consumer shall have the right to cancel the contract" and that if this happens, "the supplier shall refund the consumer the amount paid". It's very important that you ensure they understand this and that you won't be changing your mind.

We should both also alert the store to this mistake or possible deception. They need to investigate and take action. If this happened to you, perhaps it's happening to other consumers as well?

Most importantly, this deal needs to be cancelled.

Update: The deal was cancelled.

Where's my watch?

I ordered items online from China and the package was delivered today by the shipping company and unfortunately a smartwatch is missing in the package. They claim that the watch (battery items) was removed at the Chinese airport due to license expiry issues but I was never informed of this development but instead I received a very high duty charge from them who I believe was made higher by the electronic device. They right away initiated to compensate me for the smartwatch which is alarming anyway.

My issue is I want the watch but they claim that it's not their fault. They went back to the company in China and I've already informed them that my package has a missing item. Online the watch is still available for sale to clients. Would they continue availing an item that keeps being removed by customs due to licensing issues or did the shipping company took my watch for their personal use and are rushing to compensate me?

I really need your help, because of the costs I experienced just so I can get the watch here. If they refund me, help me get the watch duty fee at least.

I think the best thing to do here is to accept the suggestion of a refund for the watch and compensation for any shipping costs and for the duty fee. I'll contact them for you as well and make sure they understand what they need to do.

I know it's frustrating that you can't get the watch, but I think it's best to take the money instead.

The Voice - Consumer's Voice

How long is a warranty?

Regular readers of The Voice will know that very often we're asked about the warranty offered when consumers buy something. You'll also know that many, many times we've spoken about situations where someone has bought a cellphone, something has gone wrong, they've taken it back to the store and they've been told that there is no warranty on the phone or that the warranty is just a few days or maybe just a month. The customer has then been told that nothing can be done, that there will be no refund, no replacement, and no effort to repair the faulty item.

Is this acceptable? No. It's not. Not only is it unacceptable but it also goes against what the Consumer Protection Act says. 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". That's simple. But too difficult for many stores to understand.

Section 16 of the Act says that if goods are faulty the consumer can return them within 6 months of purchase for a repair, a replacement or a refund. The store can choose which of these options they choose but they can't decide to do nothing. They must choose one of those options. For those stores that find this difficult to understand, let me repeat one thing. It says six months. Not a week, not a month, not a random period the store decides. It's there, in plain text in the law. Six months.

There's another thing these stores seem to forget about these faulty items. Section 16 also says that if the store decides to repair the faulty item and "within three months the same problem recurs" the store can no longer attempt to repair it, they can only replace it or refund the consumer. They only get one chance to repair it.

Here's yet another thing that cellphone stores need to know. Section 13 of the Act says that a store that sells second-hand 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". Again, simple. But too difficult for some stores to understand. Or maybe they just don't care.

The lesson is simple. When we buy anything we need to know our consumer rights. And stand up for them.

What must they do?

I bought a Huawei Nova 9SE phone only to find out that it has been cut off from Android services so I returned it. Even the manager confirmed this. Then they tried to manipulate me into getting a different brand Samsung or Tecno but I refused. After a long conversation they promised to refund but I am still waiting.

I contacted the store about this and they responded very quickly. They said that when you were at the store to buy the phone they told you that the phone didn't come with Google Play Service but that the apps you might want, like WhatsApp, could be installed legitimately from other places. The said that they did this for you and also showed you how to use the Huawei App Gallery to download and install other apps.

They also told me that you still weren't happy and insisted on getting a phone that had Google Play Services. They said you could have any other phone of the same value or a more expensive one if you pay the difference.

I think what they've offered is reasonable. I suggest you allow them to offer you another phone.

The Voice - Consumer's Voice

Will she refund me?

There's this other lady I asked her to design a two piece for me in December. She did that and upon delivery the sizes were too big for me even though she had taken my measurements. We agreed that she will do another set for me but even today I'm still waiting. When I approach her she always tells me she's working on it. I ended up asking her to refund me because she's failing to deliver even now since December last year.

She's not willing to pay me because she will not even say anything until I text her. Mind you she said I'll be paying P250 for the whole set and I had to pay her a deposit of P125.

I think this might be difficult but we mustn't give up hope.

I contacted this lady and asked how she was planning to deal with her obligation to you. To her credit, she was honest enough to admit that what you said is true. However, she couldn't offer any solutions. Her many messages to me included:

"I told her I'll refund her. I'm still broke right now."

"I told her month end but this month was hectic like the past ones. But im working on it."

"It will have to be end of this month. "I haven't refunded anyone I owe."

"Im struggling financially cause I bought material twice with their deposits. My machine is dead I dont have business, I had a piece job and I havent been paid. I talked to her gore a nkemele so I get my life in order. But if she feels Im lying she can take any action she feels will work for her. I really cant control how things unfold in life."

I'm actually sympathetic, mainly because she appear to be honest about her situation and unlike so many people, she's not trying to deny it and avoid her commitments. However, that doesn't solve your immediate problem. The real problem is that even if you take her to court and you get a court order against her, how can you get money from someone who doesn't have anything?

I think the best thing we can do is to get her to acknowledge her debt to you in writing so you have some protection in case she ever denies the situation. I'm hopeful she'll cooperate.

Update 1: She tells me she got a loan and will be repaying people this week. 

Update 2: It's the next week and still no loan...

When will they pay me?

I got involved in an accident when someone destroyed may car. He was the one who was wrong, then his insurance assured me that it will cover me as a third party. His insurance is the one to cover all vehicles mine and his vehicle.

Now my worry they had already paid that guy only me left. They're always telling me stories each and every day. It's two weeks now. I submitted everything and did the KYC forms. They gave me a release form that they're agreeing to pay but to pay the money it's a problem. It's story after story two weeks now.

Last week the guy was saying he requested my payment and he is waiting for authorization. Yesterday he was saying the payment has authorised but no money reflected to my account.

Firstly, you're lucky that the other driver had insurance. Otherwise you would need to take the guy to court yourself to get your car repaired and your losses compensated.

You say that the insurance company has already paid their customer but not you. I agree that's not fair but it's only to be expected. He, after all, is their customer, you're not. so they'll see you as a second priority. Nevertheless, they still owe you the money and there's no real reason why they should take too long to compensate you. If you like I'll contact them for you and see if they can go a little faster.

The Voice - Consumer's Voice

Where's my phone?

Please help. I took my Samsung A13 which I'm buying on hire purchase to this guy in Maun for him to replace the screen for me. Whenever I go there, I am the only one at that guy's office. Day after day, he tells me that my phone has been stolen. The worst part is that he has my number but never calls me. You know, my heart is aching. It's been a month already, I have to pay the store.

I reported it to the police, and they told me that they only deal with criminal cases and that I should go to the Small Claims Court or the kgotla or Consumer Affairs. I need help, at least someone who can track my phone because I still have the box.

I'm really sorry for you, this must be very upsetting and costly.

I contacted the repair guy and he was very unhelpful. He refused to comment to me and told me that if I publish anything about him that is "defamation of my character … it will have to be brought before the jurisdiction of the magistrate."

Here's a lesson for you based on many threats of legal action for defamation that we've had over the years. Anyone who immediately threatens to sue for defamation before even addressing the complaint is either feeling guilty or is a bully. Or both.

Your situation is very unfortunate because you're still paying for the phone on hire purchase and the store you bought it from is very unlikely to be helpful. All they want their monthly instalments. It's also highly unlikely that the insurance included in the hire purchase agreement will help because that usually only covers theft from your possession, not someone else's.

Of course a reputable cellphone repair place will have insurance against things like fire and theft but I suspect he's not sensible enough to have this. As the Police suggested it might be worth consulting the Competition and Consumer Authority, the Small Claims Court or even the kgotla. Maybe even all of them? Maybe pressure from us all might make him do the right thing?

It's unlikely because people like him can't be trusted.

Does it last forever?

Hi again Rich. I'm just curious because I had a misunderstanding with a certain furniture shop in 2016 and I got blacklisted. It was around P4,000 if I recall well. I lost the documents when I relocated. Does that last forever or what?

Yes, it lasts forever or until the debt is settled. Even after it's settled the record will remain there for a couple more years so other potential lenders like banks and other furniture stores can see your recent credit history. They can then use that knowledge when they decide whether to lend you money or not.

The simple truth about debt is that it never goes away. In fact, the longer a debt lasts, the bigger it gets. The store will continue to add interest, penalty charges and they'll probably even charge you for every phone call they make to chase you.

The best thing you can do is contact the store and talk to them about it. They might have already handed it over to debt collectors or even to attorneys and that's when debt like this can grow massively. You really need to talk to them as soon as possible.

The Voice - Consumer's Voice

Must it take so long?

Please intervene here. I had bought a phone at a furniture store in Selebi Phikwe and enrolled on insurance. I was mugged on May 26 and filled a claim form with the store for replacement. I was told to wait 3 days to 3 weeks maximum. After 4 weeks I started calling the store at my expense with no satisfactory response even from the supervisors. Please assist.

Firstly I'm glad you had insurance cover for the phone. When you buy something on hire purchase the deal often includes an insurance policy that covers the item you're buying against theft or damage. However, it's important to note that these policies often protect the store more than they do the consumer and the cost of this insurance is often incredibly high, much higher than an insurance policy you could've got yourself. It's incredibly important, if you can afford it, to get a basic home contents insurance policy. This will cover all of your belongings in the case of a disaster and not just one item such as a cellphone.

Insurance claims do sometimes take a while to be processed and it depends very much on the details of the claim, what was lost, and the circumstances of the loss. The insurance company has to double check everything to make sure the claim is legitimate before they can pay out. That's why I suspect they told you it could be between three days and three weeks. However, in your case, it's taken more than four weeks and that's excessive. I emailed the store and they contacted the insurance company and they told me they were missing the police case number from your claim. However, when I contacted you, you told me you'd long given them this. Maybe they should read the claim forms more carefully in future? Also, haven't they heard of cell phones? They could and should have called you if something was missing. They shouldn't wait for me to contact them before they told you this.

If this takes much longer I'll remind them that Section 14 of the Consumer Protection Act says that when a supplier performs:

"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". 

In simple terms, they should pick up the phone and call you to reassure you that things are happening. It's the legal and polite thing to do.

Where's my refund?

I need your advice about my issue with a tracking company. On Wednesday I paid a tracking company to track my laptop and paid them P900 the same day. Before the end of the day my laptop was returned back to me by a stranger. I notified the tracking company the same time that I found my laptop and they promised to return P600 of the amount I sent which we agreed. Now to date they are not responding, they even blocked my numbers.

Please advise on how best you can assist?

I'm very suspicious about many of these companies that claim to be able to track stolen or lost devices. Many modern cellphones and laptops have built-in tracking features that allow us to locate them very precisely if they're switched on. Whenever we buy such a device it's very important that we switch on these features in case we later have a problem.

However, I suspect some of them are using a different approach which, I suspect in many cases, is illegal. This company is more complicated. I checked their registration with CIPA and the company was deregistered late in 2023. Something even more suspicious is that on their Facebook page they've posted several pictures of cellphone thieves they claimed to recently help catch. A quick search showed that these pictures were all from Nigerian news sites from a few years ago.

I contacted them about your refund and it was quickly processed. However, when I asked them about their company registration and the photos they became very defensive and argumentative. Do you think they have a guilty conscience?

The Voice - Consumer's Voice

What should I do?

Good morning. I need help. I bought a car at a pawn shop, after the disk expired I found out that it has been flagged with the Police and also the disk on the car was fake. The Transport system shows that the car long expired in 2022 whereas the disk on the car was for 2023. I have tried to get them to rectify this but they are just sending me from pillar to post. Please assist.

The first thing we should all learn from this situation is that whenever we buy a second-hand car, it's important to get the seller to prove that the car hasn't been flagged by the Police. This is a process where the Police record a car as connected to a debt that an owner incurred when they failed to pay a Police fine. The problem occurs when the car is sold and the new owner then has problems registering the vehicle in their name. The Police should be flexible about this because it's obviously wrong to charge you for someone else's debts but it's clearly an inconvenience.

However, what worries me more here is that the car was sold with a forged registration disk. That's a criminal matter and the pawn shop management needs to take some responsibility for this. I know they didn't forge the disk but they neglected to check that the car was legally registered. That's something that any company selling a car should do.

I contacted the pawn shop and he responded quickly, saying: "Hello sir ...I understand the case....that car I also bought from another guy who has been promising to pay and cover all the necessary needs .I even gave him the guys numbers and they were talking and still promising to pay …"

I'm not impressed. You didn't buy the car from "another guy", you bought it from the pawn shop and it's their responsibility to fix this matter. I'll keep chasing them.

Finally, I think you need to speak to the Police and explain everything that happened here, most importantly about the fake registration disk. They need to understand that you are the innocent party here.

Update: The pawn shop manager persuaded "another guy" to compensate the consumer and this has started.

Can they do this?

Hey Mr Richard. One of requirements for this cash loan is a picture of your bank card including CVV. Is it allowed?

No, it most certainly is not.

Every part of your bank card is important and needs to be treated with great care. Obviously the 16-digit card number is important and you should be VERY careful how you use it and who you share it with. The Expiry Date is also critical but the most important thing is the 3-digit CVV number on the back of the card. This Card Verification Value number is used to prove that the card is in the possession of the card holder when they purchase things over the phone or online. Giving this to anyone is incredibly risky and giving it to a microlender who asks for it is dangerous. Incredibly dangerous. You are giving control of your money to someone who can't be trusted.

It's also illegal. NBFIRA, who regulate the microlending industry, have repeatedly said that lenders may not take any borrower's identity documents or their bank cards. I don't think it matters whether a lender takes a bank card physically or just a photo of it. If they have the CVV number, they've crossed the line.

I'll contact NBFIRA about this and I'll also contact the loan company. It might be just one employee that's breaking the rules or it might be company policy. Either way they ned to stop it immediately.

The Voice - Consumer's Voice

Can't they fix it?

We have a phone here, a refurbished iPhone 11 we bought for P6,000 but recently the phone keeps going off and it doesn't not recognize the battery. The store owner is saying that it's because the software was changed.

They mentioned that the phone was not supposed to be updated but the software update was automatic. They said they can only fix it with P800 which I feel it does not make sense as it also does not recognize the battery.

Firstly, I suppose we should recognise that at least this store were open about the phone being refurbished. That's what the Consumer Protection Act requires. There's nothing wrong with buying and selling refurbished phones. In fact I think it's a very good idea, so long as suppliers are honest about this. I'm also pleased that the receipt you were given confirms that the phone had been refurbished.

However, despite being honest about this, I'm not sure they've been so honest about other things. The story about you not updating the software is complete nonsense. In fact it's incredibly important that you load all the software updates that your cellphone manufacturer releases and as soon as possible. They're there to protect us. Any store that says you shouldn't is behaving very strangely. It's even stranger that their receipt even includes a stamped statement saying, "No warranty when you upgrade software".

Section 23 of the Consumer Protection Act say that a contract between a supplier and a consumer may not "impose terms and conditions that are unfair, unreasonable or unjust". Not allowing you to keep your phone safely updated is, in my humble opinion, "unreasonable". And silly.

I've contacted the store and asked what how they suggest this can be resolved.

Readers might remember that we recently asked the Competition and Consumer Authority to investigate the cellphone industry because so many cellphone stores are either illegally selling second-hand phones as new or either ignoring or avoiding their legal obligations. We'll keep you updated on the progress they make.

Can I get a refund?

Mr Richard. Ke kopa thuso. I bought a sofa at a furniture store in Broadhurst but it came in a bad condition. It had marks on the arm and the corner was torn. Now they refusing to pay me back. The sofa was bought for P27,000 as new. I return the delivery guy with it and continue to ask for a refund. I sent all my bank account and confirmation letter like they asked but nothing. I can't get my money.

Please help with way forward.

This is really unacceptable. If we spend P27,000 on a sofa, it needs to be the best sofa in the world, delivered in perfect condition and by the politest delivery guys you've ever met. For that money we have a right to expect perfection.

However, it's debatable whether you can demand a refund. Section 15 of the Consumer Protection Act says that consumers are entitled "to receive goods which are of good quality" and clearly this sofa isn't that. Section 16 says that when goods are not of good quality, the consumer may return those goods "within six months after the delivery of the goods, without penalty and at the supplier's risk and expense" and that then the supplier must "repair or replace the defective goods; or refund the consumer".

However, it's up to the supplier to choose which of those three options they want to do. They are entitled to try to repair the sofa if they can. But the Act also says that if they try to repair it and the same fault happens again with in 3 months, they can't try to repair it again.

I'll contact the store management and see if they can deal with this more helpfully.

The Voice - Consumer's Voice

Where are my badges?

I paid for students badges to this company last week Tuesday and they had promised to courier them on Wednesday. Up to today they haven't sent the badges. Last week Friday they lied saying they sent them but when I got to the courier company there was nothing.

After I made several calls he told me he had sent my order to wrong destination and he will rectify the situation immediately. Since then he hasn't communicated. I've been trying to call but there's no response and WhatsApp messages ain't responded to either. And what's painful the most is the students were expecting the badges on Monday hence we made the order last week. 

This must be very frustrating and irritating for you. What suppliers often overlook is that when they fail to deliver a service, it's not just their customer who has a problem, it's all the people relying on the customer as well.

What's even more frustrating is when a supplier starts making up stories. Don't they realise that as soon as a customer detects one lie, any trust they had disappears completely?

I contacted the supplier and asked what was happening. To his credit he responded quite quickly and he said: "Hello Sir i am on a process to deliver them this week, hopefully by Friday". That was the good news. Unfortunately it was the only good news. The bad news is that nothing actually happened that Friday and since then he's gone quiet on me, like he did with you.

The simplest thing to do will be to publish a detailed complaint that identifies his company in the Consumer Watchdog Facebook group. That often motivates disappointing suppliers to be more helpful and warns other consumers to be careful if they engage with him.

Can't they investigate?

Can you please assist me. I have been scammed by a lady of P20,000. She was saying she is selling land to pay for her medical bills. I decided to enter an agreement with her. Gave her the first instalment with me drafting the contract. Then after giving her the rest of the money that's when she started being sick all the time. I researched her on Facebook and realized people are looking for her. I called some of the people she scammed, all had different stories. I once met a Chinese man saying she took around P700,000 from his company and a truck.

From what my other sources tell me, is that she cannot be imprisoned because of her illness. From her, she says she has cancer. How can we protect our nation from this lady? Many of her victims has lost families and large sums of cash. Most of the victims say they've reported the matter to the police and no action taken against this lady because of her condition.

Please advise on the way forward. Thanks.

I'm very sorry for your trouble and for your losses. However, I'm glad that you realised this was a scam before you lost as much as the other victims.

This woman can't be allowed to continue like this. Even if she's unwell, which she's probably lying about, that doesn't mean she can escape the consequences of her many crimes. I suggest you revisit the Police and speak to a more senior officer. If necessary ask to speak to the Station Commander. The Police need to establish whether she's really unwell and how many other victims she's stolen from.

An even better idea would be for you and other victims to go to the Police together as a group. It might be much more persuasive if a senior officer is confronted by a polite but assertive group of crime victims who demand an investigation. I'll also alert some senior officers I know who might be able to persuade their colleagues to take this matter seriously.

The Voice - Consumer's Voice

Should they compensate me?

Sir I have a problem with my bank. Sometime in February I applied for a loan at Gemvas. The funds were released April 9 and reflected in my lawyers account after 3-5 working days. My attorneys then paid the seller. The bank called in May to tell me that Gemvas usually sends documents late at Ministry of Finance so they want to deduct first instalment so I avoid arrears. So since I had gotten paid by then they deducted the instalment from my account and assured me that in June the money will be deducted directly from salaries. Yesterday I went to another bank to seek a small loan of P25,000 to purchase sheep from a friend. They called to say they can't help me since am listed at CRB for bad credit. I asked the agent to send me the CRB report only to find out I was listed by the first bank. I met the manager and the lady that helped me with the home loan only to be told they didn't tell me that the first instalment was to be paid in April so that's why am listed.

I have been working for more than 11 years and I have never had bad credit record so I want to sue because this bad credit record will haunt me for the rest of my life. Honestly there should be some sort of compensation for all this. They inconvenienced me. They should give me the money I failed to get because of their carelessness. I want P25,000 compensation.

I'm not an attorney so I can't offer you legal advice but I suspect legal action is not the right choice.

Clearly the bank messed things up big time. Listing you with a credit reference bureau incorrectly can have a serious effect on your future financial life. They need to remedy this situation as soon as possible and make sure your credit history is perfectly clean again. I've already emailed them and they're on it.

However, I think that's probably as far as you can take it. As far as I can see, you don't deserve P25,000 because you haven't lost P25,000. What you lost was an opportunity to borrow P25,000 from another bank and then try your luck with the sheep business. Remember that the P25,000 wasn't your money, it belonged to the second bank and they would have charged you interest on that loan.

What you lost was just an opportunity and we'll make sure the first bank helps to get your life back to normal as quickly as possible.

What can I do?

My husband and I purchased a bedroom suite from a store in Serowe. He was told he needed a payslip which he didn't have so the salespeople advised him to ask someone to apply for him using their payslip and he would just continue paying instalments. He suggested me and they called to ask me if I was ok with it and I went to the store right away. We agreed and I used my payslip. After about 6 months my husband lost his job meaning he had no income now. I tried pitching in to pay but it was not easy and sometimes I would miss it. I communicated this with the salespeople that I was struggling to pay for the goods. I asked them if I could return them. They advise me not to do so saying I would lose money but I didn't have a choice because at the time they were harassing me and even showing up to my workplace every second day which almost cost me my job. The debt was also not dropping significantly because it had arrears I was trying to pay off but they were still adding more interest every month.

I write to you now because this store has now handed my name over to Norman Bisset who are now constantly calling me to demand payments. I have tried my best to explain to them but they just ignore my pleas but all they do is demand payments. I can't afford to pay them because I am going out of a job in a few months even so my pay is so stretched since we are living off my small income which is also unreliable.

Unfortunately, there is very little helpful advice I can give you. As you probably understand now, it was a mistake to buy this furniture and it was another mistake to buy it using hire purchase. It was a mistake to do it your name and it would be a mistake to allow the store to repossess the furniture. The only thing I can suggest is that you speak to the debt collectors and try your best to negotiate a repayment plan you can afford. It will be hard work but the bad news is that debt doesn't ever go away.

The Voice - Consumer's Voice

Is this phone new?

On the 6th June, I bought an iPhone 11 Pro for P6,200 from a shop on Facebook. I transferred the money to them and have proof of payment. The phone was collected by my friend on the 6th June 2024 and couriered it to me and it arrived on the 7th June 2024. I called the man I had spoken to and told him that the phone refuses to register on iCloud and the camera flash on the back is a bit burnt and the back cover was chipped. The screen was flickering, and as someone who has had a phone screen replacement, I informed them I know that's how a replaced screen acts. They didn't even deny it, they said that customers must have damaged it while testing it, which I followed up by asking how since the phone was sealed. I got no answer to that.

I think the time has come for the authorities to investigate the cellphone sales industry. I know that there are legitimate, respectable and honest dealers who sell good quality phones but there's also a community of dealers who are crooks.

We've heard so many times about people with stories the same as you and readers of The Voice will know about this too. The story is very often the same. Someone buys a slightly older phone and very quickly suspects that it wasn't really new. For example, the latest iPhone is version 15 and the iPhone 11 series was first released in September 2019. So if you buy an iPhone 11 today you have to ask where it's been for the last few years? Was it sitting in a warehouse waiting to be bought or was it already being used?

In your case, like so many others, there are clues that this phone was previously used. Firstly there's some damage to the camera and the case is also chipped. Then there's the issue with iCloud. All Apple devices try to connect to the Apple iCloud service as soon as you unbox them and it's a remarkably simple process. Any Apple device that can't do this has something wrong with it.

I contacted the store and they promised to examine the phone when they get it back from you. I also asked them if they sold second-hand or reconditioned phones? Eventually they said the phones they sold were"

"Brand new sir. Sometimes we have pre owned. But not always." 

So they do sell used phones, they admit it.

It's really important to note that there's nothing wrong with selling and buying used phones. In fact it's a good idea. Most of us would be perfectly happy to buy a slightly older and cheaper phone. But stores need to be honest about this. Section 5 of the Consumer Protection Act says that they must be honest about whether "goods are new or reconditioned". Section 13 says that a supplier must place "a label on the goods that indicates that such goods are used goods" and "a notice on the invoice" they give a customer. It goes on to say the penalty for not doing this is a fine of up to P50,000, three years in prison or both.

The bad news is that many cellphone stores either don't know about this or perhaps they just don't care.

When was the last time you heard about a cellphone store owner being fined P50,000 and being led away in handcuffs to prison? It hasn't happened. But it needs to. We need to see this happen and then the word might spread. Then we might see these stores behaving better and not ripping us off in the way they've been doing for so long.

So here's a plea. To the Competition and Consumer Authority, please accept this article as a request to launch a comprehensive investigation into the cellphone industry. The Authority will remember that Section 29 of the Consumer Protection Act says that a "consumer, class of consumers or consumer organisation may lodge with the Authority a complaint against violations of the provisions of this Act."

Over to you. You have the support of Consumer Watchdog and readers of The Voice. And the shady cellphone stores need to know we've had enough.

The Voice - Consumer's Voice

Can this be true?

Richard please check if this company, Profit Recovery Enterprise is legit? They claim to recover money lost through scams. Maybe we could recover from Ecoplexus?

I'm very glad you asked because you have just avoided being scammed again. They make this claim: 

"If you've fallen victim to a scam, we're here to help. With our expertise, we can assist in recovering your lost funds. We understand the frustration and pain that come with being scammed, and our team is committed to help recover lost funds. Here's what we can do for you. We'll thoroughly search for your account using the international trading server and when found get you access to it and guide you withdraw immediately."

While this seems like an appealing idea, that scam victims can get their money back, this is just another scam. Sooner or later they'll ask for money for this service that they claim to offer and if you pay them they'll just demand more and more money until you realise that you've been scammed again. 

For research purposes, I contacted them and using a fake name I pretended to be a victim of the Ecoplexus scam. Despite using a fake identity they immediately said they had found my money and were ready to send it to me. All I needed to do was sign up to a cryptocurrency exchange. No doubt that's where they would want me to send them money. 

The painful lesson is that once you've given a scammer your money you're not getting it back. There is still a slight hope that some of the money paid into the local bank accounts used by the Ecoplexus scammers might be returned eventually but it will only be a small proportion of what was paid. The scammers failed to transfer all of the money before the accounts were frozen but it will take a long time before the authorities can decide who deserves to get some back. 

Where's my work? 

I wish to know if you could possibly assist me. I engaged with a certain consultancy company that does academic research. So far I paid an amount of P3,695. I've since been getting the worst service. They're missing deadlines because the promised work was never done. Calls were unanswered and texts not responded to. 

I've complained several times to no avail. Worse today was my deadline but I found out my work was never done yet I paid a required deposit for it. This was the 2nd deadline I missed. I just requested that I need my refund and so the director told me to check terms and conditions on their website. Really I would appreciate some assistance in this matter. The company is registered with CIPA.

Whether I can help you really depends on one thing. What was it you wanted them to do for you? 

If you were using them to do coursework that you were planning to submit as your own work then there's nothing I can do to help. We've exposed a few companies in the past that will write coursework for students for a fee and we'll continue to do so. What they do is immoral and wrong. However, I also blame the people who pay these companies to do their work for them and then lie when they submit it, falsely claiming it was their own work. If it's discovered that they did this they can rightly be expelled from their place of study and they can lose any job they get using the qualification they fraudulently obtained. Their reputation can be ruined. 

However, if you hired this company genuinely to do some research for you without any plan to deceive anyone, then I can do my best to help. Regardless of what their terms and conditions say, if they've been paid to do some work for you then they must either do that work or give you a refund