The Voice - Consumer's Voice

Should I get my goods?

May you please help me get my money back from a company that advertises on Facebook. They scammed me of my heard earned P1,000 that I sent to them for quilt bedding sets on 8th September. I did a bank transfer and they did confirm receipt and later said they will send them after 5 days when they receive new stock because they were now our of stock of my bed size because I had paid for super king bedding sets.

I have tried to reach out to them but they no longer respond to my messages on Whatsapp and my number has been blocked.

I have bad news and good news. The bad news is that I've dealt with this company before on behalf of another consumer. They were not very helpful then and refused to even deal with her because she had criticised them on Facebook. They have a habit of going silent on people who dare to criticise them.

The good news is that this time they're talking to me. Maybe they developed a conscience? And maybe they realised that giving their customers the silent treatment doesn't help their business.

They responded to my messages and told me "I believe they all received a message from us that we had a delay for deliveries since we had closed down for almost a month. The team is working on re-delivering all orders that had returned back to the office, they should have received they order by end of this month. Thank you."

With luck this means you'll get what you paid for. If they let you down again, I think it's time to take the gloves off and report them to various authorities. We can start with the Competition and Consumer Authority who have the power to demand they do what the law demands. But maybe we should report them to a body that is even scarier, a group that genuinely can make or break a company? Readers of The Voice. Do they really want to take that risk?

Should I get a refund?

I bought an ice pop machine and the machine worked the day they trained us to use it but from then onwards the machine never worked. That was April, I reported the problem to the owner and he promised to give us another machine but till date no machine. In August after losing so much business I asked him to please refund me my money and take his machine.

He keeps on making me false promises. What do I do in such a case? He has even blocked my calls.

May you please advise me what do I do?

I really don't understand why some suppliers think it's a good idea to go silent on the customers they've let down. Do they really think that this will make customers give up? Will it really allow them to keep their customer's money and not give them the products and services they paid for?

No, it won't.

The Consumer Protection Act says a few things about situations like this. It says that consumers have a right "to receive goods which are of good quality, in good working order and free of defects". If they fail to do that, the Act says they must either "repair or replace the defective goods" or "refund the consumer the amount already paid". I don't think that's hard to understand.

I contacted the guy and he responded quite quickly. He told me that he'd already spoken to you and agreed to repay you P1,200 since you used some of the products that came with machine, the flavours, colours, chemicals and the icepop tubing. He also told me that you agreed he can repay you in several instalments. He promised me that he'll pay you P600 by 27th November and the rest the following week.

Let's see if he keeps his promise. If he doesn't, I think he might also need to face the wrath of Voice readers.

The Voice - Consumer's Voice

Where's her pension?

I'm not sure if this is the right platform to seek help on but let me just try since I don't know what to do at this point. My mum retired last year October and it's been a year and a month now. She has not gotten her retirement package, she has made countless calls and visits to offices and she is told her file is going to BURS and even to date nothing has been done.

This has led to her not being able to keep up with payments for her policies and her credit card and loan that she should have cleared by now. Interest has been added and she gets calls from collectors. Her medical aid payments are also behind and her funeral policy. She is accumulating debt that could have been avoided. The administrators have been no help and the officer who is in charge of her file never picks calls or relays messages when she calls. We are left helpless now and I just resorted to this because she is getting old and this is taking a toll on her. We'll appreciate all the help you can give us.

This isn't the first complaint I've had about this situation and about this company. They seem to take quite a relaxed approach to processing retirement packages and have clearly forgotten that pensioners have a right to see things done properly and promptly.

I'm sure we all understand that there are procedures to be followed and BURS certainly have a role to play but that's no excuse for being so inefficient.

I'm no expert but I can't see why this process should take a matter of weeks, certainly not more than a year. That's just useless.

I contacted the pension administrators and they responded quite quickly. They said that "have escalated the complaint from the client to the relevant authorities. They will be assisted accordingly."

Let's hope that all the other retirement packages they're processing will be treated better. 

Update: The pension administrators tell me: "I have escalated the complaint from the client to the relevant authorities. They will be assisted accordingly."

Won't they fix my phone?

I need help with a phone i recently bought at Rail Park Mall. I bought an iPhone 7 128Gb end of September with 12 months warranty and on the 30th October the phone started glitching and showing lines in the screen. Also the touchpad wasn't responding. It was on a Sunday so I waited until Monday to take it back to them but what I am getting from them is a poor service and their technician is telling me that there isn't anything much they can assist me with as it seems like it's a manufacturer problem. But I bought it from them and it's still under warranty also at some point he was telling me he can refer me to another technician of which I will be the one paying if they manage to fix it.

The salesperson also suggested that I get help somewhere since they have lots of such complaints in their store.

No, No, and No again.

This is incompetence and neglect of the highest order.

The situation is actually very simple. They sold you a phone that should work. Section 15 (1) of the Consumer Protection Act says that we are entitled "to receive goods which are of good quality, in good working order and free of defects." This phone is clearly not that.

Frankly I don't care whether they think it's a manufacturer problem and neither should you. Section 16 (1) of the Act says that the "producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards". No longer can the retailer blame someone else and deny responsibility for fixing a faulty product. No more making excuses and passing responsibility to someone else. It's their job to fix it.

I think the best thing we can do is contact the store and make it very clear to them that they have an obligation to fix your phone and to do it quickly. No excuses.

Update: They're being a little slow to respond. We won't give up.

The Voice - Consumer's Voice

Where's my TV?

Can you please help us locate the owner of a store. I long placed a TV order in March, and until now the owner hasn't delivered nor at least refunded us. We reported the matter to the Competition and Consumer Authority but they said they cant find him and he is not taking their calls. I call him almost everyday he doesn't take my calls, now he has blocked me. He even deleted the shop's facepage.

Maybe I have magical powers.

I messaged the owner of the store and he responded quite quickly, asking for your name, contact details and a copy of your receipt. I explained to him that I'm not sure that a receipt is necessary given that he has your name and cell number, I suggested that this should be enough to trace you in his records. That's assuming he HAS records.

It's quite surprising how often the smaller suppliers I contact with issues like yours don't seem to keep records, preferring to rely on nothing more than a receipt book and their own memory. I sometimes wonder whether it's just their way of keeping records out of sight from the authorities but maybe I'm being too suspicious.

Curiously, I checked out the company you paid and they are indeed a registered company but are owned by a parent company that was deregistered in July this year and therefore no longer operates. Maybe I'm being simple-minded but surely a company that is owned by a company that no longer exists, doesn't exist itself? The owner wasn't able to explain this to me.

I won't give up applying pressure to the owner, let's hope he does the decent thing.

Update: He's agreed to pay you P1,000 every two weeks until the debt is fully repaid.

Where's my car?

I ordered a car from UK worth 65k and have paid the 50% deposit last year September. I've been very patient with them since there were issues of lockdown but it's been 12 months now and they are not communicating. I've demanded my deposit but they tell me they can only refund when the car has arrived, which they also don't know when it'll arrive. Their last communication with me was a voicenote on Whatsapp on the 9 February saying the car is about to reach Durban. When I made follow up now the story has changed to saying they're checking at the port of loading if the car has been loaded. It's very frustrating and am thinking of taking the legal route.

I'm sure there are some respectable, reliable car importers that don't tell lies to their clients, I just haven't met many yet. But my experience is based almost entirely on the endless stream of complaints we receive, almost all of them telling stories very similar to yours. Some have waited even longer than you.

The last two years of Covid have made life very difficult for every company that moves goods from one place to another. We all understand that and I'm sure we've all been more tolerant of delays as a result. However, that doesn't excuse companies from their obligation to keep us informed. If there are delays the law says that suppliers should tell us about them. Often.

In your case I suspect we're dealing with something slightly different. He's not telling the truth. He claims not to know when the vehicle will arrive? I don't believe him. He later said he wasn't sure the vehicle had even been loaded? I still don't believe him.

I contacted the guy running the company and his response wasn't very helpful. When I mentioned that I'll be covering the issue in the media he said he'll be talking to his lawyer. Let's see what someone with an understanding of the law says to him. If the lawyer wants to talk, they know where to find me. If they want to get threatening, I'm looking forward to a good laugh.

If he doesn't cooperate, I think legal action might be the right approach but we can use various channels to make him do the right thing. We can involve the courts, the Police, the Competition and Consumer Authority and even the local Council to see if they want to renew his trading licence. I'm sure we'll find a way to make him to behave properly.

The Voice - Consumer's Voice

Will they repair it?

Please may you assist.

I entered into a hire purchase agreement to buy sofas on 24 September 2021 paying a deposit of P2,000. However before even a month passed one of them was broken. I then informed my salesperson and a stock controller later on came to my house and took pictures, thereafter he said that he would inform me after forwarding to the manufacturer. He never did and I kept on going to their premises and calling to ask for feedback to no avail.

The first installment was due on 01 November and they advised me to continue paying as he will give me a response before the end of the day, but he never got back to me and I ended up making the payment to avoid arrears and other implications. Today he says that we should send him pictures to forward to the manufacturer which implies that he might have never done anything at all.

Please may you advise/assist on how to proceed. I am very stressed about having paid and continue paying for a defective product. I have all the intentions to pay off as per my agreement and on time.

First lesson. 

Just because you buy something on hire purchase, that doesn't mean a store can ignore your consumer rights. Your consumer rights are absolute and not something a supplier can argue with you about. 

Section 15 (1) of the Consumer Protection Act says that we have a right to "receive goods which are of good quality, in good working order and free of defects". It doesn't say "except when bought on hire purchase". The Act says that goods that aren't up to standard can be returned and the supplier must offer us a repair, replacement or a refund, whichever they choose. It doesn't say "unless it's hire purchase".

I've sometimes heard that some suppliers will tell a consumer that because they signed a hire purchase agreement their rights are fewer than if they'd bought for cash. They'll point to a clause in the agreement that says they can do whatever they like when something goes wrong. The good news is that Section 23 of the Consumer Protection Act is very clear. A supplier may not enter into a contract which requires consumer to "waive any right" or which allows the supplier to "waive any liability". The Consumer Protection Act is in charge.

Meanwhile, it's incredibly important that you continue doing what you're doing, which is paying your instalments. You're right to want to "avoid arrears and other implications". The moment you stop paying, the store will start saying that you broke the agreement and that means they don't have to repair anything. Whether that's in line with the Consumer Protection Act is an issue we'll explore some other time. In the meantime, they can make your life extremely difficult and very poor.

We'll get in touch with the store and see if they can't move a little faster.

What is insurance?

Again, we were asked about insurance. Several people asked us about what happens when they cancel a funeral plan, having never submitted a claim. Do they get a refund of all the premiums they paid?

No, you don't get your premiums back. The only refund you might get is if the insurer deducts your premiums after you cancel the policy or if you paid for the plan in advance. Then you might get something back.

Think of it this way. Imagine you signed a tenancy agreement to rent a house and then paid the rent for several months, but you never actually moved in and the house was empty all the time you were paying. If, many months later, you terminated the agreement, would you get your rent back? No, you were paying for something you didn't use. It's not the landlord's fault you failed to move in, you could if you'd chosen to.

It's the same with insurance. You pay a premium every month so that if something bad happens, the insurer will pay the bills. If you or a loved one had passed away during the policy, you would have avoided any major funeral costs. But it DIDN'T happen. You were lucky and yes, so was the insurance company. I'm sure you're happy nobody died, aren't you?

The Voice - Consumer's Voice

Is this phone new?

I was wondering if you could help me. I was bought an iPhone 11 by my father about a fortnight ago at a shop in Galo, Francistown. First, I received a notification that it couldn't be confirmed whether my phone had a genuine Apple display so I went back to the store and spoke to the owner, and he told me that some of the phones have those messages because when he receives them in bulk, some are faulty or damaged, so they're sent back to Apple to be fixed and sent back to him. He told me that the message would go away in a few days.

Some days later I had some more problems with the phone. It would either restart itself or the screen would just turn black, even though it was on. So I went back and he took the phone and gave me a new one. With the new one, the verification message still appears, which makes me suspicious. Also, the battery capacity is at 92%, which I thought was odd for a brand new phone. Today, it just randomly restarted. I've never had any problems with brand new phones in the past, and I don't want to have to keep having them exchanged.

Is there any action I can take?

Yes, there's a very simple action you can take. Go back to the store and tell them that the only option you'll consider is a complete refund.

These guys are clearly lying about the origin of the phones. They're either fakes, perhaps second hand phones they've bought from some other country or phones that have been repaired or refurbished. The condition of the battery suggests this is an old phone and when you sent me the serial number I was able to check and the phone is long out of warranty, again suggesting that it's not new.

I'll get in touch with them and explain this to them. If they give us even a hint of resistance we'll escalate this to the Competition and Consumer Authority. Do they want a fine of P50,000? A prison sentence? Both?

What is insurance?

A consumer reported to us that they'd hit another car and were charged by the Police. The other driver asked for P4,000 and so far he's paid them P3,500, owing them the remaining P500. Now he says he's getting calls from an insurance company, demanding a further P45,000 that they spent fixing the car. He asked if this is right?

Here's what might have happened. After the accident the other guy claimed against his insurance policy but had to pay an excess fee of P4,000. Our reader agreed to pay that for him. However, the insurance company had to pay a much larger amount to repair the car (minus the excess). They are now entitled to claim that amount from the guy who caused the accident.

Yet again we need to discuss insurance, how it works and what it is.

I found a quote on Wikipedia that said that insurance "is something people buy to protect themselves from losing money". When we buy an insurance policy, whether it's for a vehicle, a house, our property or someone's life or health, we pay a regular amount to the insurance company and if something bad happens to the property or people we've insured, the insurance company pays the bills.

However, the most important thing to understand about insurance is that an insurance policy only protects the person who pays for it and not anyone else. In this case, the insurance company are looking after the interests of their client, not the guy who caused the accident. If he'd has an insurance policy, his insurer would be protecting him. He didn't, so he's on his own.

In this situation, while it's unfortunate, what the insurance company is doing is correct. They're entitled to ask the person who caused the accident to pay the costs of putting things back to normal.

There's a simple way to prevent situations like this. If you get a car, get an insurance policy as well. The good news is that a third-party policy, one that just covers the damage you might cause to other people's vehicles, can be remarkably cheap. And it can save you a very great deal of money.

The Voice - Consumer's Voice

Can I change my mind?

Good day. Kindly assist. I purchased 8 dispensers from a company in Block 8. I was supposed to supply them to my client but when I got to their end the user didn't want it.

The same day I contacted the company I bought from, for exchange or refund since my client didn't want it but upon contacting the company they told me that they already used the funds. Today as I was making a follow up regarding the refund, the sales officer said there is no refund according to the manager.

I have a screenshot where the sales rep said that and my communication with the manager. I would really appreciate if I can be assisted because I need to supply my client asap.

I'm sorry but I'm not sure I can give you any good news.

The Consumer Protection Act says that you are entitled to a refund only if the goods you received were faulty or if they misled you somehow. Even then, you can't normally insist on a refund until the store has tried to repair or replace the item you bought. There is no immediate right to demand a refund, only the right to receive what you thought you were buying or a refund if they can't offer that.

In your case, unless I've misunderstood, the correct goods were supplied to you at the agreed time, at the right price and in good condition. The store has actually done everything a consumer might expect.

The problem is that there is no connection between your purchase of the goods from your supplier and your deal to supply the same goods to your client. The fact that your client then changed their minds isn't the fault of the company you bought the goods from.

In future in your position I would try to negotiate with a supplier that you can return the goods if they're not wanted, or agree with your client that they can't change their mind. Next time you should ask for a purchase order from your client that commits them to paying your invoice.

I want a working phone!

I bought a phone for P345 from a store in Rail Park Mall on the 28th. I realized the keypad isn't working. After the holidays I took it back and they tried to fix it. I even left it for a day or 2 with them but still it wasn't working. On Thursday last week then they only told me they will have to take it back to the manufacturer or where they bought it. I tried to explain that I can't stay without a phone as I need the phone to provide services for my business. The man who was assisting me then told me they will take it for 7 working days for fix, and they can't give me another phone as their warranty card says no refund and no exchange.

Here we go again. Another store that makes things up. I've heard from so many consumers who are told by stores, most often cellphone stores, that "there is no refund" and "there is no exchange".

But that's not a decision they're entitled to make. The Consumer Protection Act is clear that refunds and exchanges are most certainly option that any supplier MUST consider. They can't just deny their obligations under the law. In fact, there's a word for people that do that. Any guesses?

I suggest that we both approach this store and explain to them that they can't make up rules that satisfy their needs and don't satisfy the needs of their customers and the law. Do they really want the Competition and Consumer Authority on their case? Do they really want readers of The Voice to know how little they value their customers?

Finally, do they really want to be reminded that the maximum penalties for breaking the Consumer Protection Act are "a fine not exceeding P50 000 or to imprisonment for a term not exceeding three years, or to both".

Well, do they?

The Voice - Consumer's Voice

Where is it?

I commissioned a company to make a plant stand for me. They insisted that I pay a 70% deposit, which I did and I have the paperwork to prove it. They told me the work would be done in 4 - 8 working days. That did not happen and they requested an extension which I agreed to.

Two months passed without the stand and I requested my money back. Numerous times they said they would deposit the funds and I think it has been 4 months now. Now they won't pick up my calls and I am not sure whether I need to take them to the police or where to go to get my money back.

Let's talk about the Consumer Protection Act.

Section 14 (1) of the Act 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".

Note that it says "timely performance". That means they must deliver the services in a reasonable time. Obviously that can vary depending on the circumstances. Some services take longer than others. But these guys told you that it would take just over a week. You were kind enough to give them an extension but I don't think you meant four months, did you? I don't think you said they could go silent, did you?

The same part of the Act also says that a supplier must give a consumer "timely notice of any unavoidable delay". This is actually very simple to understand. Suppliers are required by the law to keep their customers updated on progress and inform them of any delays. But perhaps more importantly, it's not just the law, it's good customer service. It's just reasonable behaviour.

I contacted the supplier and he's at least talking to me. He claims to be out of the country but I don't think that should make any difference. I'll keep the pressure up.

A simple rule about prices

In the last few weeks several people have contacted us reporting problems they'd experienced with prices. Most often people have told us about times when the price of an item at the till was higher than the price on the shelf. I know that's happened to me, it's probably happened to you as well. 

One of the consumers who contacted us had a slightly bigger problem. She'd ordered a large number of cookware items from a supplier at a price that both she and the supplier agreed, P107 per item. That price was discussed over the phone and in various messages.

But then it went wrong. The supplier called her to tell her that the items had arrived but the price was now P124, not P107. Obviously she complained, reminding the supplier that this wasn't the agreed price. After some argument they offered to discount this new, made-up price of P124 down to P118.

The consumer and I had a chat and I suggested she give this company some free education. She told them that Section 7 (1) of the Consumer Protection Act says that a supplier:

"shall not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived as to the actual availability of those goods or services from that supplier, at the advertised price".

She told him that Section 11 (3) of the Act says that a supplier:

"shall not charge a consumer more than the price indicated or displayed for goods or services".

I also suggested that she tell him that Section 23 (1) (a) of the Act also states that a supplier may not:

"unilaterally amend the terms of the contract or agreement".

Finally, I suggested that she remind them that any breach of these clauses of the Act can lead to:

"a fine not exceeding P50,000 or to imprisonment for a term not exceeding three years, or to both". 

They had a quick think and offered her the items at the original price of P107.

See what a little education can achieve?