Saturday 19 February 2022

The Voice - Consumer's Voice

Why won't they repossess?

Good day sir! I kindly ask for your advice on something.

My brother bought a bed like some months ago and he couldn't pay his debts as he quit his job. They have been asking us about payments and we told them the best way is for them to come and collect the bed. This was last year around September or October but they didn't come.

Now they tell us they cannot take the bed because they are not supposed to take it and told us to pay P300 then they will give us some few months to settle the debt. I told them that myself I'll never pay for the bed because the debts is about P9,000.

Are the furniture shops not supposed to collect their stuff when a person fails to pay?


Somewhere in the hire purchase agreement your brother agreed there will be several terms and conditions he should have understood before he signed it.

One will talk about what happens if he lost his job. Almost certainly it will explain that if he's retrenched, an insurance policy will cover the payments he can no longer make. However, it will also make clear that it doesn't cover him if he gets fired or voluntarily quits. In those cases, he still has to pay and the store and insurance company won't help him.

It will also say that the store is entitled to repossess the goods if your brother falls behind with his instalments. However, 'entitled' doesn't mean they must do so. It's possible that the store has taken a business decision not to repossess the goods and continue to expect instalments from him. What your brother needs to understand is that repossession rarely makes the situation better. Even though the store will auction the repossessed goods, they'll only recover a small fraction of the remaining debt and the debt will likely remain the same once they add on penalties, fees and interest. It might even increase.

I know it sounds hard but the best thing your brother can do is have a conversation and do his best to agree a repayment plan he can afford.

They gave me a stolen phone!

I need advice. I bought a cell phone sometimes in 2019 and after using the phone for some months I experienced some network problems and I returned it back to the store as it was still under warranty. The phone came back very late and I continued to use the phone, but now the problem is that recently I received calls from the police informing me that they have been looking for the same phone that is in my possession. When I checked the IMEI code on the phone and on the box they do not match. The store personnel told me that there is nothing they can do as the person who was repairing my phone is no longer working there,

What should I do?

What should you do?


It's very simple. Get angry. I know that I'm angry on your behalf.

Clearly the technician who worked on your phone swapped it for a stolen phone of the same model but that's not your fault. The store clearly don't think it's their fault either and I agree but there's a big difference between fault and responsibility. They didn't swap the phone but they employed the person who did and they need to show some professional maturity and show they understand what 'responsibility' means.

I've contacted the store management and I'm optimistic that they'll do the decent thing and treat you like a valuable customer and replace your phone. They should also help you by filing a report with the Police against the technician who was fencing stolen goods. What's most important is that the store needs to take responsibility for protecting you against the consequences of their former employee's criminal tendencies.

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