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?