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.