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.