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?

The Voice - Consumer's Voice

What should I do?

Good morning. I need help. I bought a car at a pawn shop, after the disk expired I found out that it has been flagged with the Police and also the disk on the car was fake. The Transport system shows that the car long expired in 2022 whereas the disk on the car was for 2023. I have tried to get them to rectify this but they are just sending me from pillar to post. Please assist.

The first thing we should all learn from this situation is that whenever we buy a second-hand car, it's important to get the seller to prove that the car hasn't been flagged by the Police. This is a process where the Police record a car as connected to a debt that an owner incurred when they failed to pay a Police fine. The problem occurs when the car is sold and the new owner then has problems registering the vehicle in their name. The Police should be flexible about this because it's obviously wrong to charge you for someone else's debts but it's clearly an inconvenience.

However, what worries me more here is that the car was sold with a forged registration disk. That's a criminal matter and the pawn shop management needs to take some responsibility for this. I know they didn't forge the disk but they neglected to check that the car was legally registered. That's something that any company selling a car should do.

I contacted the pawn shop and he responded quickly, saying: "Hello sir ...I understand the case....that car I also bought from another guy who has been promising to pay and cover all the necessary needs .I even gave him the guys numbers and they were talking and still promising to pay …"

I'm not impressed. You didn't buy the car from "another guy", you bought it from the pawn shop and it's their responsibility to fix this matter. I'll keep chasing them.

Finally, I think you need to speak to the Police and explain everything that happened here, most importantly about the fake registration disk. They need to understand that you are the innocent party here.

Update: The pawn shop manager persuaded "another guy" to compensate the consumer and this has started.

Can they do this?

Hey Mr Richard. One of requirements for this cash loan is a picture of your bank card including CVV. Is it allowed?

No, it most certainly is not.

Every part of your bank card is important and needs to be treated with great care. Obviously the 16-digit card number is important and you should be VERY careful how you use it and who you share it with. The Expiry Date is also critical but the most important thing is the 3-digit CVV number on the back of the card. This Card Verification Value number is used to prove that the card is in the possession of the card holder when they purchase things over the phone or online. Giving this to anyone is incredibly risky and giving it to a microlender who asks for it is dangerous. Incredibly dangerous. You are giving control of your money to someone who can't be trusted.

It's also illegal. NBFIRA, who regulate the microlending industry, have repeatedly said that lenders may not take any borrower's identity documents or their bank cards. I don't think it matters whether a lender takes a bank card physically or just a photo of it. If they have the CVV number, they've crossed the line.

I'll contact NBFIRA about this and I'll also contact the loan company. It might be just one employee that's breaking the rules or it might be company policy. Either way they ned to stop it immediately.

The Voice - Consumer's Voice

Can't they fix it?

We have a phone here, a refurbished iPhone 11 we bought for P6,000 but recently the phone keeps going off and it doesn't not recognize the battery. The store owner is saying that it's because the software was changed.

They mentioned that the phone was not supposed to be updated but the software update was automatic. They said they can only fix it with P800 which I feel it does not make sense as it also does not recognize the battery.

Firstly, I suppose we should recognise that at least this store were open about the phone being refurbished. That's what the Consumer Protection Act requires. There's nothing wrong with buying and selling refurbished phones. In fact I think it's a very good idea, so long as suppliers are honest about this. I'm also pleased that the receipt you were given confirms that the phone had been refurbished.

However, despite being honest about this, I'm not sure they've been so honest about other things. The story about you not updating the software is complete nonsense. In fact it's incredibly important that you load all the software updates that your cellphone manufacturer releases and as soon as possible. They're there to protect us. Any store that says you shouldn't is behaving very strangely. It's even stranger that their receipt even includes a stamped statement saying, "No warranty when you upgrade software".

Section 23 of the Consumer Protection Act say that a contract between a supplier and a consumer may not "impose terms and conditions that are unfair, unreasonable or unjust". Not allowing you to keep your phone safely updated is, in my humble opinion, "unreasonable". And silly.

I've contacted the store and asked what how they suggest this can be resolved.

Readers might remember that we recently asked the Competition and Consumer Authority to investigate the cellphone industry because so many cellphone stores are either illegally selling second-hand phones as new or either ignoring or avoiding their legal obligations. We'll keep you updated on the progress they make.

Can I get a refund?

Mr Richard. Ke kopa thuso. I bought a sofa at a furniture store in Broadhurst but it came in a bad condition. It had marks on the arm and the corner was torn. Now they refusing to pay me back. The sofa was bought for P27,000 as new. I return the delivery guy with it and continue to ask for a refund. I sent all my bank account and confirmation letter like they asked but nothing. I can't get my money.

Please help with way forward.

This is really unacceptable. If we spend P27,000 on a sofa, it needs to be the best sofa in the world, delivered in perfect condition and by the politest delivery guys you've ever met. For that money we have a right to expect perfection.

However, it's debatable whether you can demand a refund. Section 15 of the Consumer Protection Act says that consumers are entitled "to receive goods which are of good quality" and clearly this sofa isn't that. Section 16 says that when goods are not of good quality, the consumer may return those goods "within six months after the delivery of the goods, without penalty and at the supplier's risk and expense" and that then the supplier must "repair or replace the defective goods; or refund the consumer".

However, it's up to the supplier to choose which of those three options they want to do. They are entitled to try to repair the sofa if they can. But the Act also says that if they try to repair it and the same fault happens again with in 3 months, they can't try to repair it again.

I'll contact the store management and see if they can deal with this more helpfully.

The Voice - Consumer's Voice

Where are my badges?

I paid for students badges to this company last week Tuesday and they had promised to courier them on Wednesday. Up to today they haven't sent the badges. Last week Friday they lied saying they sent them but when I got to the courier company there was nothing.

After I made several calls he told me he had sent my order to wrong destination and he will rectify the situation immediately. Since then he hasn't communicated. I've been trying to call but there's no response and WhatsApp messages ain't responded to either. And what's painful the most is the students were expecting the badges on Monday hence we made the order last week. 

This must be very frustrating and irritating for you. What suppliers often overlook is that when they fail to deliver a service, it's not just their customer who has a problem, it's all the people relying on the customer as well.

What's even more frustrating is when a supplier starts making up stories. Don't they realise that as soon as a customer detects one lie, any trust they had disappears completely?

I contacted the supplier and asked what was happening. To his credit he responded quite quickly and he said: "Hello Sir i am on a process to deliver them this week, hopefully by Friday". That was the good news. Unfortunately it was the only good news. The bad news is that nothing actually happened that Friday and since then he's gone quiet on me, like he did with you.

The simplest thing to do will be to publish a detailed complaint that identifies his company in the Consumer Watchdog Facebook group. That often motivates disappointing suppliers to be more helpful and warns other consumers to be careful if they engage with him.

Can't they investigate?

Can you please assist me. I have been scammed by a lady of P20,000. She was saying she is selling land to pay for her medical bills. I decided to enter an agreement with her. Gave her the first instalment with me drafting the contract. Then after giving her the rest of the money that's when she started being sick all the time. I researched her on Facebook and realized people are looking for her. I called some of the people she scammed, all had different stories. I once met a Chinese man saying she took around P700,000 from his company and a truck.

From what my other sources tell me, is that she cannot be imprisoned because of her illness. From her, she says she has cancer. How can we protect our nation from this lady? Many of her victims has lost families and large sums of cash. Most of the victims say they've reported the matter to the police and no action taken against this lady because of her condition.

Please advise on the way forward. Thanks.

I'm very sorry for your trouble and for your losses. However, I'm glad that you realised this was a scam before you lost as much as the other victims.

This woman can't be allowed to continue like this. Even if she's unwell, which she's probably lying about, that doesn't mean she can escape the consequences of her many crimes. I suggest you revisit the Police and speak to a more senior officer. If necessary ask to speak to the Station Commander. The Police need to establish whether she's really unwell and how many other victims she's stolen from.

An even better idea would be for you and other victims to go to the Police together as a group. It might be much more persuasive if a senior officer is confronted by a polite but assertive group of crime victims who demand an investigation. I'll also alert some senior officers I know who might be able to persuade their colleagues to take this matter seriously.

The Voice - Consumer's Voice

Should they compensate me?

Sir I have a problem with my bank. Sometime in February I applied for a loan at Gemvas. The funds were released April 9 and reflected in my lawyers account after 3-5 working days. My attorneys then paid the seller. The bank called in May to tell me that Gemvas usually sends documents late at Ministry of Finance so they want to deduct first instalment so I avoid arrears. So since I had gotten paid by then they deducted the instalment from my account and assured me that in June the money will be deducted directly from salaries. Yesterday I went to another bank to seek a small loan of P25,000 to purchase sheep from a friend. They called to say they can't help me since am listed at CRB for bad credit. I asked the agent to send me the CRB report only to find out I was listed by the first bank. I met the manager and the lady that helped me with the home loan only to be told they didn't tell me that the first instalment was to be paid in April so that's why am listed.

I have been working for more than 11 years and I have never had bad credit record so I want to sue because this bad credit record will haunt me for the rest of my life. Honestly there should be some sort of compensation for all this. They inconvenienced me. They should give me the money I failed to get because of their carelessness. I want P25,000 compensation.

I'm not an attorney so I can't offer you legal advice but I suspect legal action is not the right choice.

Clearly the bank messed things up big time. Listing you with a credit reference bureau incorrectly can have a serious effect on your future financial life. They need to remedy this situation as soon as possible and make sure your credit history is perfectly clean again. I've already emailed them and they're on it.

However, I think that's probably as far as you can take it. As far as I can see, you don't deserve P25,000 because you haven't lost P25,000. What you lost was an opportunity to borrow P25,000 from another bank and then try your luck with the sheep business. Remember that the P25,000 wasn't your money, it belonged to the second bank and they would have charged you interest on that loan.

What you lost was just an opportunity and we'll make sure the first bank helps to get your life back to normal as quickly as possible.

What can I do?

My husband and I purchased a bedroom suite from a store in Serowe. He was told he needed a payslip which he didn't have so the salespeople advised him to ask someone to apply for him using their payslip and he would just continue paying instalments. He suggested me and they called to ask me if I was ok with it and I went to the store right away. We agreed and I used my payslip. After about 6 months my husband lost his job meaning he had no income now. I tried pitching in to pay but it was not easy and sometimes I would miss it. I communicated this with the salespeople that I was struggling to pay for the goods. I asked them if I could return them. They advise me not to do so saying I would lose money but I didn't have a choice because at the time they were harassing me and even showing up to my workplace every second day which almost cost me my job. The debt was also not dropping significantly because it had arrears I was trying to pay off but they were still adding more interest every month.

I write to you now because this store has now handed my name over to Norman Bisset who are now constantly calling me to demand payments. I have tried my best to explain to them but they just ignore my pleas but all they do is demand payments. I can't afford to pay them because I am going out of a job in a few months even so my pay is so stretched since we are living off my small income which is also unreliable.

Unfortunately, there is very little helpful advice I can give you. As you probably understand now, it was a mistake to buy this furniture and it was another mistake to buy it using hire purchase. It was a mistake to do it your name and it would be a mistake to allow the store to repossess the furniture. The only thing I can suggest is that you speak to the debt collectors and try your best to negotiate a repayment plan you can afford. It will be hard work but the bad news is that debt doesn't ever go away.

The Voice - Consumer's Voice

Is this phone new?

On the 6th June, I bought an iPhone 11 Pro for P6,200 from a shop on Facebook. I transferred the money to them and have proof of payment. The phone was collected by my friend on the 6th June 2024 and couriered it to me and it arrived on the 7th June 2024. I called the man I had spoken to and told him that the phone refuses to register on iCloud and the camera flash on the back is a bit burnt and the back cover was chipped. The screen was flickering, and as someone who has had a phone screen replacement, I informed them I know that's how a replaced screen acts. They didn't even deny it, they said that customers must have damaged it while testing it, which I followed up by asking how since the phone was sealed. I got no answer to that.

I think the time has come for the authorities to investigate the cellphone sales industry. I know that there are legitimate, respectable and honest dealers who sell good quality phones but there's also a community of dealers who are crooks.

We've heard so many times about people with stories the same as you and readers of The Voice will know about this too. The story is very often the same. Someone buys a slightly older phone and very quickly suspects that it wasn't really new. For example, the latest iPhone is version 15 and the iPhone 11 series was first released in September 2019. So if you buy an iPhone 11 today you have to ask where it's been for the last few years? Was it sitting in a warehouse waiting to be bought or was it already being used?

In your case, like so many others, there are clues that this phone was previously used. Firstly there's some damage to the camera and the case is also chipped. Then there's the issue with iCloud. All Apple devices try to connect to the Apple iCloud service as soon as you unbox them and it's a remarkably simple process. Any Apple device that can't do this has something wrong with it.

I contacted the store and they promised to examine the phone when they get it back from you. I also asked them if they sold second-hand or reconditioned phones? Eventually they said the phones they sold were"

"Brand new sir. Sometimes we have pre owned. But not always." 

So they do sell used phones, they admit it.

It's really important to note that there's nothing wrong with selling and buying used phones. In fact it's a good idea. Most of us would be perfectly happy to buy a slightly older and cheaper phone. But stores need to be honest about this. Section 5 of the Consumer Protection Act says that they must be honest about whether "goods are new or reconditioned". Section 13 says that a supplier must place "a label on the goods that indicates that such goods are used goods" and "a notice on the invoice" they give a customer. It goes on to say the penalty for not doing this is a fine of up to P50,000, three years in prison or both.

The bad news is that many cellphone stores either don't know about this or perhaps they just don't care.

When was the last time you heard about a cellphone store owner being fined P50,000 and being led away in handcuffs to prison? It hasn't happened. But it needs to. We need to see this happen and then the word might spread. Then we might see these stores behaving better and not ripping us off in the way they've been doing for so long.

So here's a plea. To the Competition and Consumer Authority, please accept this article as a request to launch a comprehensive investigation into the cellphone industry. The Authority will remember that Section 29 of the Consumer Protection Act says that a "consumer, class of consumers or consumer organisation may lodge with the Authority a complaint against violations of the provisions of this Act."

Over to you. You have the support of Consumer Watchdog and readers of The Voice. And the shady cellphone stores need to know we've had enough.

The Voice - Consumer's Voice

Can this be true?

Richard please check if this company, Profit Recovery Enterprise is legit? They claim to recover money lost through scams. Maybe we could recover from Ecoplexus?

I'm very glad you asked because you have just avoided being scammed again. They make this claim: 

"If you've fallen victim to a scam, we're here to help. With our expertise, we can assist in recovering your lost funds. We understand the frustration and pain that come with being scammed, and our team is committed to help recover lost funds. Here's what we can do for you. We'll thoroughly search for your account using the international trading server and when found get you access to it and guide you withdraw immediately."

While this seems like an appealing idea, that scam victims can get their money back, this is just another scam. Sooner or later they'll ask for money for this service that they claim to offer and if you pay them they'll just demand more and more money until you realise that you've been scammed again. 

For research purposes, I contacted them and using a fake name I pretended to be a victim of the Ecoplexus scam. Despite using a fake identity they immediately said they had found my money and were ready to send it to me. All I needed to do was sign up to a cryptocurrency exchange. No doubt that's where they would want me to send them money. 

The painful lesson is that once you've given a scammer your money you're not getting it back. There is still a slight hope that some of the money paid into the local bank accounts used by the Ecoplexus scammers might be returned eventually but it will only be a small proportion of what was paid. The scammers failed to transfer all of the money before the accounts were frozen but it will take a long time before the authorities can decide who deserves to get some back. 

Where's my work? 

I wish to know if you could possibly assist me. I engaged with a certain consultancy company that does academic research. So far I paid an amount of P3,695. I've since been getting the worst service. They're missing deadlines because the promised work was never done. Calls were unanswered and texts not responded to. 

I've complained several times to no avail. Worse today was my deadline but I found out my work was never done yet I paid a required deposit for it. This was the 2nd deadline I missed. I just requested that I need my refund and so the director told me to check terms and conditions on their website. Really I would appreciate some assistance in this matter. The company is registered with CIPA.

Whether I can help you really depends on one thing. What was it you wanted them to do for you? 

If you were using them to do coursework that you were planning to submit as your own work then there's nothing I can do to help. We've exposed a few companies in the past that will write coursework for students for a fee and we'll continue to do so. What they do is immoral and wrong. However, I also blame the people who pay these companies to do their work for them and then lie when they submit it, falsely claiming it was their own work. If it's discovered that they did this they can rightly be expelled from their place of study and they can lose any job they get using the qualification they fraudulently obtained. Their reputation can be ruined. 

However, if you hired this company genuinely to do some research for you without any plan to deceive anyone, then I can do my best to help. Regardless of what their terms and conditions say, if they've been paid to do some work for you then they must either do that work or give you a refund

The Voice - Consumer's Voice

Can I get my money back?

Good day sir. Can you please tell Ali Express to return my money I didn't buy anything from them. They are saying I did an online purchase but I didn't. They scammed me through a Facebook page saying they give loans. I applied and I gave them my details not knowing that is fake account. They asked for my ID no, bank card number and cell number and that's how I lost my money. It was a total of P4,100. I even went to the bank and they confirmed that my money to Ali Express.

So is there no how you can contact Ali Express and check these transactions? Maybe they will tell you the name of these scammers.

Unfortunately, I have bad news for you. You've been scammed. The worse news is that scammers don't offer refunds.

The next thing to understand is that Ali Express didn't steal your money. Scammers pretending to be Ali Express did that. Ali Express is a supplier of goods, not a microlender. The advertisement you saw was clearly posted by scammers who were just pretending to be them.

Something else you need to understand is there is nothing you can to get this money back. Your bank can't be held responsible because you voluntarily gave them your bank details. When we spoke you confirmed that you also gave them the CVV code, the 3-digit number printed on the back of your card that allows the scammers to use your cards as if they held it in their hands. The bank did nothing wrong. Also, Ali Express didn't do anything wrong. The scammers used your card and your bank account to buy things from Ali Express using a valid bank card.

Perhaps the only thing you can do is alert Ali Express and see if they can block the account that the scammers were using. However, they're very unlikely to give you any details about the scammers. The irony is that until they have a court order or a warrant from the local Police, the scammers deserve confidentiality.

The lesson here is very simple. If you give your bank card details to a stranger they will steal money from you. So please don't do it.

The second lesson is to block your card immediately.

Can't they exchange it?

I took a washing machine from a store at Gaborone Station on the 8th March and when I tried to use the machine it wasn't working. I tried to call the shop for assistance but they didn't do a follow up until I sent them an email that I no longer want the machine. I wanted them to cancel the contract but they didn't respond up until I got the number for the Area Manager and he straightly told me that it won't be possible to do an exchange. Right now it's been 2 weeks since they said they will assist. Yesterday I was contacted by the Head Office saying they are soon handing over my account because they feel I want to defraud them whilst their employees are the ones who are not competent enough to assist with cancelation of the goods I bought from them since they took the machine back and failed to return it.

I have talked to the call center personnel who told me it's possible to do an exchange but the shop doesn't take my calls nor respond to my emails.

This seems quite a simple situation but it's actually more complicated than we might think. When you buy things on hire purchase you don't have many choices. Firstly, the items you think you're buying, you're not really buying. You're hiring them. That's why it's called "hire" purchase. Secondly, you don't have a right to demand an exchange. The supplier can choose to do that, or they can choose to repair it instead. But I'll contact them and see if they can be a bit more helpful. I'll let you know what they say.

The Voice - Consumer's Voice

Where's my phone?

So I bought this iPhone 14 at The Fields Mall on 13th April. The problem is that it kept on showing some red lines. Even when I played some videos or tried to capture some photos it would at times turn red. I went back on the 28th to complain. They took it and said its the wallpaper, after changing it still it was showing the red lines. They took it and promised it would be fine the following day.

When I called on Monday 29th they said they were still attending to it. Tuesday 30th I called again telling them that I will be travelling to Serowe on the 1st May and that I should find it ready or else they should give me refund. They promised that it would be ready. I got there Wednesday around 12pm they said I should wait for 30 mins they are getting it from the technician at Block 3. I insisted on getting refund because I don't trust the quality of their phones they refused. I even left the store after an hour. I couldn't wait any longer because I was traveling with other people. The manager told me he can't give me refund.

I think this is quite simple. They claimed that the red lines on the phone were just the wallpaper? This store can't be trusted to give you advice. And now they're delaying fixing the screen? It looks like they can't be trusted to fix a phone.

I'll get in touch with them and see if they can try a little harder.

Update: They gave the reader a new phone.

He can't afford to pay!

Last June my father, who gets only govt pension as his source of income and does not have 3rd party insurance bumped a Mercedes and he acknowledged fault for that. The lady stated she will submit with her insurance and my father asked her to keep him updated which never happened. Then January 2024 my father received a letter of demand for P50,214 from the insurance company. We requested for proof of payment and it showed they had paid their client directly an amount of P45,214 and the extra 5k was admin fees. After numerous engagements and follow ups they agreed to reduce the debt by 15% down to P42,682. He indicated that he can commit to P200 per month but where he comes across larger sums he will pay and he should have paid in 3 years.

They stated that my father can attach some of his assets to pay his debt. We requested for another meeting to understand why they are asking for assets to be sold when my father has not refused to pay and has even said he will clear the debts in 36 months. This lady then started making threats that if we fail to reach an agreement they will engage their lawyers and whatever asset they find they will attach and have it sold.

Now we are shocked because we are not refusing to pay and all follow ups were from our end because we wanted this over and done with. Our shock now, when the debt acknowledgement comes with an annual interest of 18% which was not discussed during any of these meetings.

We seek further understanding on whether such a debt accumulates interest or are they taking my father for a ride.

I'm really sorry for your father's situation. However, I can't see an easy solution. The insurance company is entitled to claim their losses from your father because he was the one that caused the damage to their client's car. However, I can understand why they aren't prepared to accept his offer to pay just P200 per month. That will take almost 18 years to pay off the debt. His suggestion that he can also offer larger sums when he finds them isn't really very reassuring. Your father really needs to talk some more to the insurance company and see if there any assets he can sell because this debt isn't going away.

This is a very good example of why all drivers should have third-party insurance. It's remarkably cheap compared to the price of a car and can save people like your father from enormous bills like this.

The Voice - Consumer's Voice

Must I pay?

Hello Richard, please can you assist here. This morning my builder bought goods worth P7,000 from a hardware store in Palapye, only to realize they have bought something which I didn't want since there was a communication breakdown. Within an hour I asked them to go and back and ask for a refund bearing in mind we haven't even got the goods and they haven't even left the store yet.

A guy at the store said he can't refund and then said he would charge 5% for a refund and then this rose to 15%. Apparently they are saying they need my ID, what for? Can you assist in this matter?

The first question to ask is who made the mistake here. Clearly if a store makes a mistake it's up to them to cover any costs involved in reversing the transaction. This might include any bank charges they incurred if the purchaser swiped when they paid for the goods. However, from what you say it doesn't seem that the store made a mistake.

The question is who, between you and the builder, made the mistake? You said there was a communication breakdown but I think it's worth a conversation to figure out how the miscommunication happened. Then you can decide who should cover any costs that the store needs.

I'm also happy to contact the store to discuss exactly how much they should charge to reverse the transaction. It needs to be reasonable. I'll also ask them why they need you ID. I can see why they want to double-check that they're refunding the right person but let's check that first.

Where's my refund?

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 since now. I ended up asking her to refund me because she's failing to deliver even now since December last year.

She's not someone who's willing to pay me because she will not even say anything until I text her.

This really is quite a simple situation. Section 14 of the Consumer Protection Act says that consumers are entitled to expect services to be delivered:

"in a manner and quality that consumers are reasonably entitled to expect". 

An outfit you order should be the correct size. That's not complicated.

The Act continues, saying that when a supplier fails to deliver services to this standard, they must either "remedy any defect in the quality of the services" or "refund the consumer".

In your case you gave her both options, allowing her to remake the outfit but clearly that didn't happen. That's when you correctly demanded a refund.

I contacted the lady and, to be fair, she responded well. She told me that:

"I told her Il refund her, I'm still broke right now". 

When I asked her when you can expect a refund, she said:

"I told her month end but this month was hectic like the past ones. But I'm working on it. It will have to be end of this month."

So let's see. If she repays you at the end of the month we can all be happy. If not, we'll need to think of other ways for you to get your money back.

The Voice - Consumer's Voice

Where's my builder?

Please help me follow up with this builder. In 2022 I gave him 3 jobs, roofing for my farm house, landscaping design and doing a staircase and decking for the house. The roofing has been completed but with some gaps to completely close the house. ⁠I gave him a supply and fit job to do a deck, staircase and exterior door to access the outside space. He did some work in December 2022 and disappeared.

After extensive follow-up he came back in July 2023 and a bit of work on the staircase and the door and then disappeared again. After several follow ups he requested me to purchase further materials, which I did (I have now spent more than the contracted amount) but he has still not completed the work. Last week, he agreed he should finish the house. He requested for some more material but has not done the work as promised. I gave him a deposit to do a landscape design and never even got a draft. Richard, please help me follow up so he can complete my work.

I know for a fact that there are some excellent builders. I also know for a fact that there are others who are unreliable, incompetent and even a few who are dangerous.

Let's be charitable and assume this one is just one of the unreliable ones. However, unreliability is no excuse. It doesn't matter what difficulties he was having, he had an obligation to keep you updated and then to do the work you've paid him for. It's not complicated, is it?

I contacted the guy and he responded very quickly. He promised that he'll visit you and complete the work within the next couple of days. Please let me know what happens?

How can I spot a scam?

We all remember Ecoplexus from last year. Some of us remember Eurextrade from more than 10 years ago. Both of these scams took tens of millions from their victims. This year we had the Miracle Farm scam which luckily quickly collapsed. All involved scammers recruiting people we know to steal money from us. That's part of the tragedy of these scams, they make normally good people into criminals. The bad news for the people who "knowingly join" these scams is that Section 9 of the Consumer Protection Act says that they are as guilty as those who promote them.

Unfortunately, the scammers haven't gone away. They are still actively recruiting people into newer scams. So how can you tell if something is a scam? Here are some ways to help you decide.

Firstly, ask the person who invited you to join, why they did so? Did they do it because they're a kind person who wanted to share their "opportunity" with you? If they say Yes, then you know it's a scam.

Next, ask them if the scheme is a registered company. If they say it is, ask for proof. Then check if it's true. If you don't know how to check, ask us.

Ask them how their scheme creates profits. People marketing a real investment scheme will talk about share or commodity prices, dividends or the income a company can expect from selling products and services. People marketing a scam can't do that. They'll talk about cryptocurrency or forex trading, Bitcoin mining or they'll say it's a motshelo or 'gifting' scheme. If you ask them how profits are generated they won't be able to answer you.

People promoting a genuine investment will welcome questions but scammers will very be defensive and ask you why you're asking so many questions. "Just trust me", they'll say. Anyone who says this is trying to scam you.

Above all, scammers will make incredible claims about how much money you can make. They'll tell you that small 'investments' can earn huge profits. They'll also ask you to invest more and more money, encouraging you to 'upgrade' to higher levels with promises of even greater profits. That's a sure sign of a scam.

Finally, remember this simple truth. Anyone who invites you to join their money-making scheme wants to make money from you, not with you.

The Voice - Consumer's Voice

Where's my refund?

Hi Richard please help your sister out. I bought a bed from a furniture store. I used it for three months and the base broke. I went back to report the issue. The assistant manager showed us the letter where they say they should replace the bed. The letter was in October last year and I did complain before. Richard I spent the whole year sleeping on the floor and my records shows I was paying them nicely. Last week I went to Gaborone head office to complain more. They took a week again to come back to me. They told me that they want to give me another bed and my reply to them is I don't want anything from their shop. I want them to refund me so I can go buy somewhere else. It looks like they won't refund me.

Almost every day I wonder how some companies survive. So many of them seem to have absolutely no understanding how to deal with customers when things go wrong. They also seem to have no understanding of the laws that protect consumers.

Section 15 of the Consumer Protection Act says that consumers are entitled to receive "goods which are of good quality, in good working order and free of defects". In other words, the things we buy should do what they're meant to do. A bed should be suitable for sleeping in and shouldn't break.

However, sometimes things go wrong and Section 16 of the Act deals with this. It says that if goods are faulty we can return them to the store:

"within six months after the delivery of the goods".

It then says that the store can then choose to:

"repair or replace the defective goods or refund the consumer the amount already paid".

Although the Act doesn't say how quickly a store must do this, I'm sure we all agree that 6 months is too long. Your bed should have been replaced or repaired within days, not half a year. I'll contact the store and see if they can move a little faster than this.

Can I get a refund too?

Please help me on this issue. I bought a couch last September for P7,000. Then in December 2023 I realized that it had torn stitches. I called the shop to tell them and they came to see it and said the person who fixes such is on a holiday so they'll come and fetch it in January 2024. January passed but they never came. I went back to them on the 5th March and met with the manager and they said I should bring it to the shop. I refused till the manager ruled that they will collect it. They collected it on 6th March then on 7th the driver called and said the supplier insisted I should come collect the couch and wash it before they fix it. Then I said No I didn't buy the item from a supplier but from them and coming to recollect it will be a cost on me. On 8th April I did a follow up and they said they've long asked me to come collect it and wash it. I don't know why they can't at least return my money because I bought it cash not even on high purchase. I talked to the manager and he says he will give me feedback during the day and on the 12th April I called again then they said the manager is busy. Please help me Sir.

How can this be so complicated? As far as I can see, the situation is very simple. They sold you a couch that started to fall apart and they should have fixed that quickly. Their accusation that the couch was dirty is a distraction. Their job was to sell you a couch that was usable and to fix it if it wasn't.

However, there's good news. I contacted the Country Manager for the chain of furniture stores and his response to his colleagues was very simple. He told them that "This is poor customer service" and demanded immediate action.

Please let me know when they contact you.

The Voice - Consumer's Voice

Where's my deposit?

Kindly assist here. Last year, I made a deposit at a store so I could lay-bye a Sony Soundbar. When I went to settle the balance, I was told that the soundbar is out of stock, and that their policy was to NOT keep lay-byed items in the premises until they are cleared off. I asked them to refund the deposit I had made, but they insisted that they'll order one for me, and that it would arrive within the week. Mind you, last year's "Black Friday" special was still on, all over town. I went back to them 10 days later, and I was told the exact same thing, that "it's not in stock" This was around the 7th of December 2023.

I asked, yet again, to be refunded and they told me to submit my bank statements on some, "it's protocol" and I complied with their tedious 'protocol'. I was assured that I'd get my money "in a week or 2. I went back to them around the 19th, and then every week since then, and each time, I was told a different story. Promises were made to me each time, and not a single one was seen through. Long story short, my refund has been pending, and it has been 4 months now. I relocated, so I don't go to them as often but I call them every week, and I'm just told "We'll get back to you!" which they never do! With that, kindly assist me?

This is intolerable in so many different ways. Firstly, my understanding of a lay-bye is that the item is reserved for you until you've made the final payment. It might not be the exact item you saw in the store but somewhere there should be an identical item for you ready to pick up. It should be quite simple. But not in this case.

I think you were right to demand a refund and it shouldn't have been a complicated thing for them to process. Yes, there should have been some paperwork to complete, confirming that you really want to cancel the deal and for them to process whatever they need to do but I can't see how it would take more than a few days at the most. It's 2024, I'm sure they have the technology to do this. Even if they don't and they're still operating with pieces of paper and pencils, it shouldn't take more than four months to give you your money back. I'll contact them.

Update: They tell me your refund has already been processed. They'll call you.

Can I cancel the policy?

I need your help please. we were approached by an insurance broker and he was telling us about their life cover and investment policy so I got interested but he didn't mention that he is the broker for a particular insurance company which I realised later. I emailed him telling him to cancel the policy because I don't wany anything associated with them because they once did something not good to me. So he didn't reply and I called him and he told me it is not possible to cancel and I will cancel after a year. I told him I will approach the insurance company and he told me they are going to refer me back to him. I realised yesterday when i received my payslip that they have deducted without even enquiring from me. Please help me I want to cancel this policy please.

I think this will be easy to fix. The insurance company will understand that the policy was incorrectly opened and I'm certain they'll close it as soon as you speak to them.

The bigger issue is this broker. He simply can't be trusted. There is a common misunderstanding about the difference between an insurance broker and an insurance company. The most important difference is that the broker works for YOU, not the insurance company. It's the job of the broker to find the right policy for you, a policy that meets YOUR needs. Clearly this guy is working for his own interests and is making up stories when he says you can't cancel the policy. That's simply a lie. Insurance policies have a cooling off period that NBFIRA insist upon. I think we both need to alert NBFIRA that they have a rogue broker to deal with.

Update: The insurance policy has been cancelled.

The Voice - Consumer's Voice

Where's my ring?

Hi Richard. Kindly help. In December I ordered a custom ring from a store and they said total cost is P11,900. I paid the required 50% deposit of P5,950 on 12th December 2023 and was informed of an 8 week waiting time which I was comfortable with as the wedding was on 05th April 2024. In March because of their prolonged silence I enquired about where my ring is and all they told me was that it is in shipping and they promised that it would be ready for collection on 22nd March 2024 which was not the case.

In all these its always too difficult to get any response from them. As we continued to probe, they decided to send us a temporary ring as the wedding date approached. I tried to show them the importance of having my actual ring on my wedding day and as usual it was always difficult to get any response or updates. They did say they're having a customs issue and that they had to submit invoice and other documents and I questioned why they had not done that all along to no response. I now decided I want a refund because I am convinced the ring does not exist and sent them both an email and whatsapp message and they only respond after countless follow-ups of asking them to treat this as urgent. Looks like they are not willing to?

This is completely unacceptable. It's also enormously insulting.

It's a constant surprise how badly some people operating in the various industries supporting weddings can behave. Almost every week we hear from people who've been badly let down when they've ordered wedding dresses, catering, cakes, transport, furniture and jewellery like you. I really don't understand how these shady suppliers can forget how important the date is. These are not events that can be postponed. They also often cost vast amounts of money.

I'm happy to contact the company and see if they would like the public to know how badly they treat customers on such important occasions.

Must I take defective chairs?

Good morning sir. I would like to raise a complaint against a furniture store in Mahalapye. I bought chairs for P33,000 from them on laybye and finished paying in August 2023. Upon settling the balance, the manager insisted we got chairs from the display since he felt lazy to travel to the Palapye warehouse to collect our chairs, which we turned down because we felt like the ones on display were used hence we wanted brand new ones. He then agreed to give us new ones. After delivering the chairs we found defects. I got hold of the sales lady who promised to report the issue to the manager so that they replace. So when the time to replace came, the manager took us back to the display chairs issue which we rejected.

Ever since then the manager keep on saying I'm coming to change the chairs but he never delivers. Even the same broken chairs, none of the staff came to see what we are talking about. Now we have broken chairs in our living room and we scared that they want to tell us that the chairs have been with us since they never came to recollect them. Unfortunately the info we get is that there is no head office and every shop handles its issues which means we go back to the same people who are giving us attitude whenever we are there. We are frustrated because of this issue to the extent of trying to get hold of the regional manager, the same people gave us the wrong number. Please assist us sir.

Again, this is completely unacceptable. Whether it was a purchase by cash, hire purchase or laybye, you deserve new chairs. Not second-hand, used, repaired, defective chairs or former display models. You deserve what you paid for. New chairs.

I also think it was very unwise of the staff to tell you that they have no Head Office. Because they do. And I know the General Manager. Very silly of them. I'll contact the GM to tell them how badly their staff behave.

UPDATE: The chairs were delivered before I got a chance to contact Head Office. But they still need to know.

The Voice - Consumer's Voice

Can I get my money back?

Hello Mr Richard. May you please assist me. This situation is about forex trading. There was a certain person who trades for people and he did trade for me. We entered into an agreement that my funds will be given to me after 22 days. This was last year around June. He did make the trade as per the agreement. I put in $100 and up to now he is giving me the round around to give me my money. A service was done but playing around now to give me my money. He said he made $287 plus he was going to add a bit more for the delay he caused me. He has registered his trading as a company with CIPA. I have the contract we signed and all the conversations. He keeps saying he will send my money but up to now it's just stories. He kept giving reasons like BURS was auditing the company but still giving me the run around. Now that this is a registered business I believe he needs to stop playing these games and pay me. Please help?

The starting point here is that this guy can't be trusted. I suspect he's been lying to you since Day 1.

What many of these so-called forex trader gurus do is simply to pretend to be trading for us. They create impressive looking statements and web pages that appear to show massive profits but in fact they just take victim's money and kept it for themselves. Everything you see is fake, all constructed to encourage you to "invest" more and more money with them. They're like muggers that persuade their victims to be mugged over and over again.

Unfortunately, it's unlikely that you'll get your money back. The only chance will be if you contact the Police and lay a charge against him. The good news is that the Police are becoming much capable and willing to take on crimes like this.

Have we waited long enough?

Hello Mr Richard. I'm asking if I may get help from somewhere. My issue is that my mum insured her mum at her bank and their waiting period is 5 months. Mum opened the policy on the 13th February 2023 and they started to debit the money on the 26th March. Her mother passed away on the 27th July and they refused to do a claim saying she not qualifying.

Is it possible?

Unfortunately it is.

Firstly, I'm very sorry for your loss. Whenever you take out an insurance policy it's critically important that you read and completely understand the terms and conditions. Anyone who has seen an insurance policy will know that the T&Cs can be very long, very complicated and difficult to understand. However, it's the job of the insurance company or the broker or agent that sold it, to explain the things that really matter. One of the most important thing that matters is the waiting period that most policies have. Whether it's a life insurance policy, a vehicle policy, a funeral plan or a medical aid, it's incredibly important to completely understand the waiting period before you can claim.

I contacted the bank and they told me that the "policy commencement period is valid 30 days after the 1st payment and in this case the first payment was deducted on 26th March therefore the 1st month of the policy is effective from the 26th April counting 5 months therefore by July the Policy waiting period had not lapsed".

Unfortunately, according to the small print in the policy, your grandmother passed away only 4 months after the commencement date so they don't need to pay anything. I'm sorry I don't have better news.

The Voice - Consumer's Voice

Must I pay them?

Hello sir. I want to understand something. I was owing a certain clothing store in Gaborone a certain amount of P3,000 but all of a sudden I was called by a certain man saying he is from a certain company sending me their account numbers saying I will be then paying to them the sum of P4,000. When I enquired asking I realised the clothing store have sold my credit/debt to that company but the thing is I'm forced to pay that P4,000. My worry is I have never made any agreement of P4,000 with that company. I don't even know myself what is the right way to go about this?

Unfortunately, there's very little you can do about this. If a company has a debtor who has owed money for a long time without making repayments, it's common practice for them to sell the debt to a debt collector. It's then up to the debt collector to collect as much as they can from the defaulting customer.

The good news is that debt collectors are often a little flexible about the amount they want from you. I spoke to one who even offers a discount to customers who come forward and cooperate. However, the bad news is that debt collectors don't ever give up. It's their job, it's how they make money and they are very good at it.

You also asked whether it's ok for them to collect the money when you never made any agreement with them? Yes, it is ok. If you look back to your original agreement with the clothing store you'll find that it says that they can pass your debt to debt collectors when they choose to do so.

I suggest you contact the debt collector as soon as possible and negotiate a repayment plan that you can afford and that they can accept. Please do it sooner rather than later.

Where's my phone?

Greetings Richard. Kindly advise me here. My younger sister bought an iPhone X 64 GB from a shop by laybye. When we went to clear the balance and collect the phone we found out that they sold the phone she laybyed and offered us to take iPhone X 256GB and told us to top up but we refused to top up so he gave us the latter phone.

After some weeks she found out that the phone has a software problem and it's not even connecting to wi-fi and she went back to the owner to tell him the phone problem and then he said that she will bring the phone for exchange when he receives new stock on Monday. The day arrived but he said stock didn't arrive and he said the next Monday. The next Monday it was the same story and when we spoke to him again he said stocked arrived but there was a different phone and no iPhone X.

I think it's time to say goodbye to this store. Clearly they're incapable of selling you a phone or perhaps even of running a business properly. Firstly they broke their contract with your sister by selling the phone they were meant to have put aside for her and for which she paid them in full. Then they gave her a faulty phone that couldn't do a basic thing like connect to WiFi.

And now they can't even deliver what she paid for. Obviously it's up to her but if I was in her position I would tell them it's over and that I want a complete refund.

I tried contacting the store but I don't think they're interested in responding but together I'm sure we'll get them to respond eventually. Then they can think about doing the right thing.

Update: I messaged the store and their response wasn't very helpful. They said:

"Which one you talking about

And who are you ?

I’m talked with customer

I’m not talking with 3rd person"

But then they did talk. They called me, shouted at me a bit, demanded to know why I was involved and suggested it was wrong of me to contact them.

Eventually they calmed down and promised that your sister will get her phone in 10-12 days.

They said that they told your sister that the phone was refurbished, and not new as your sister thought. I explained that the law is very simple about selling used items as new but they claimed not to know about this. I told them that Section 13 (1) of the Consumer Protection Act says that a supplier who:

"offers used 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"

It goes on to say that a supplier that fails to do this:

"shall be liable … to a fine not exceeding P50 000 or to imprisonment for a term not exceeding three years, or to both"

Maybe they won't do this again?

The Voice - Consumer's Voice

Have I been scammed?

Please I need your help there is this investment company called Enterprise Botswana. Firstly they asked me to invest P1500 into my trade account and in three days I will withdraw my profit. Then after that they said I should send P6200 due to the increasing in signals and my account should be upgraded. I sent that money to a bank account holder. After some hours when I tried to withdraw on my trading account they sent an email saying I should send P5400 for the USA Sort Code and also P4600 for the funds to be converted to my local currency before it can be credited to my account.

Now they are not communicating and I've been trying to get hold of them. Have you dealt with a similar case? Are there chances of me getting my money back?

Unfortunately, I don't have any good news for you. I think you know by now that you've been scammed.

The way they operated is typical of scammers. They start by offering you rapid and fantastic profits from a relatively small "investment", in your case P1,500. On their Facebook page you'll see many screenshots of payment notifications suggesting people have earned huge profits, some as much as P500,000. It's important to know that these are all fakes,, no such payments have ever been made.

The next step is what this is all about. The scammers then start demanding more and more money from you to get these fake profits. The problem is that the victim is so convinced that the enormous profits are real that they willingly pay over the smaller amounts to get the big prize.

Realistically, there's very little hope that you'll get your money back. I suspect the scammers have either withdrawn and spent the money or transferred it overseas. I contacted the bank that holds the account you mentioned and they're investigating but I suspect they'll find that the account belongs to another victim who handed control of it to the scammers. You also need to contact the Police. You've been the victim of a crime and you spoke to at least one person in Botswana who was involved. They need to be investigated.

They gave me a second-hand phone!

I bought cell phone last year in December. On Friday last week it woke up with a message on the screen that it's an unauthorized device and I must take it back to the seller or exchange it. It took me a long fight with them to understand me. Later on they said I should top up and get another phone so I did so. Then today I just realized that it's a second-hand phone with contacts inside. I didn't know they can sell second hand phone to me. What procedures should I take right now because they are so rude even if I go back to them with it they will tell me stories.

This store is wrong in so many different ways.

Firstly, they sold you a phone that was "unauthorized" and failed to address that problem properly. Instead of replacing the phone or refunding you they demanded that you spend even more money to get a phone that worked. Then they sold you a second-hand phone without being honest about it.

Of course there's nothing wrong with selling second-hand, refurbished or used phones. They just need to be honest about it and give us a choice. But in this case they seem not to care.

The correct procedure is quite simple. Take the phone back and tell them that the law, the Competition and Consumer Authority, Consumer Watchdog and readers of The Voice are now on their case.

Do they really want to argue with us all?

The Voice - Consumer's Voice

Must I pay?

I need your assistance. I found out at my bank today that I was blacklisted by a furniture store. I have returned the bed I bought with high purchase from them on the 14 October 2022 letting them know that I am out of employment at the time. They now say I owe the amount P6,609 though they say they sold the bed too. I talked to the accounts dept who informed me that I owe more than P8,000. They say though I returned the bed they were still charging which was not what I was informed. I was told to return the bed so that the debt would stop accumulating. Please assist me. I need to know if this is right or wrong.

Unfortunately, some of what you've been told is right and some is wrong. The bad news is that there is no good news. You almost certainly DO owe the company a lot of money.

One of the many horrible secrets about hire purchase is that the goods you receive and the money you owe are not connected. It's called 'hire purchase' because you are hiring the goods until you pay the final instalment. Only then have you purchased the goods. Until that time the goods still belong to the store.

What this means in practice is that if you fail to pay your instalments, the store can immediately repossess them (because they still own them and you don't) but you will still owe them the hire costs for the remainder of the period you agreed to. Some stores will sell the repossessed goods and deduct the money they get from your balance but others don't even do this. Either way, you'll still owe them a lot of money and that amount will only increase as they add interest and penalty fees.

The best thing to do is to speak to the store as soon as possible and try to negotiate a repayment plan that you can afford and that the store can accept.

And don't buy thing on hire purchase again. It's much better to save money and buy things for cash.

What should they do?

Good day Richard. I have a situation here, I bought a Tecno Pop 7 phone from a store in Game City about a month ago. After a system update the phone had a technical glitch, it went on Device Lock mode, I couldn't access anything. The instructions on the screen explicitly said I should return to the seller which I did. I went to check on them to get a status report or a replacement phone since I don't have a working phone at the moment.

I asked the owner of the store to replace my phone with another of the equivalent amount or to reimburse me with the amount I paid so that I buy a working phone, but he refused stating that according to the Consumer Protection Act, they are allowed 21 days to fix the phone but their warranty terms did not state this.

Richard, I need help with this matter urgently because I am greatly inconvenienced. I was not given a courtesy phone and I feel I am being taken for a ride. Please advise on the way forward.

Unfortunately the store is correct. The Consumer Protection Act does indeed say that the store has a right to attempt to repair a faulty item. In full, it says that the store can choose to repair it, replace it or to refund you. But it IS their choice which option they prefer.

However, it says nothing about a 21-day period, they're making that bit up. The Act suggests that there must be "timely performance and completion" of any services but it doesn't mention a particular time.

Something the store might not know, or perhaps chooses not to tell you is that if they repair the phone and then the same problem happens again within 3 months, they lose the option to repair it. Then they can only replace it or refund you.

Together, let's educate the store on what your rights really are and suggest they hurry up?

The Voice - Consumer's Voice

I want my locks!

I went to a tile shop to buy locks for a normal steel door frame that they costed me P3,420. When I got home with the locks my carpenter realized that the locks are big for my door frames also the locks are for wooden door frames. But during the transaction the sales rep did not mention that the locks are for wooden door frame therefore I feel deceived because of no transparency. They also did not explain to me about the refund policy of 15%. 

Kindly look into this matter before lot of people fall into the trap. I even gave the shop chance to find locks that are suitable for my door frames they refused. My intention is to get the service not a refund.

Unfortunately I don't think I have any good news for you.

When we buy goods from a supplier we're entitled to goods that do the job and that are correctly sold. If they sell us something that's faulty we have a right to return the goods and the supplier can choose whether to offer us a repair, a replacement or a refund.

A supplier also isn't allowed to lie to us about what goods can do or if they're suitable for a particular purpose. They must be honest about that. But this is the tricky part. It's up to us as customers to ask if the goods we buy are suitable for our needs. For example, if we buy a laptop we need to ask the salespeople whether it's the right model for our needs. If we buy building materials we need to ask similar questions. If we buy door locks we need to ask them if they're the right locks for our doors.

My understanding from when we spoke on the phone is that you didn't ask them about this. You selected the locks, paid for them and took them home. It was only later, after your carpenter tried to install them, that you discovered they were the wrong type.

We need to ask this. Did the store do anything wrong? Did they mislead you in any way? Did they sell you faulty locks? I don't think so. The good news is that the store has said they can take them back, even though they don't have to, but the bad news is that they want to charge you a fee for reversing the transaction, restocking them and repackaging the ones your carpenter opened. I suspect 15% is a fair price for that.

Will they pay?

Please I need help I don't know even what to do. I recently bought a car from a garage in Mogoditshane with the promise that the car has no fault. I tested the car myself and since I have no mechanical knowledge I took the car. A few days later I realized the aircon is not working so I went to the aircon specialist because I thought it's a minor thing. I only realized that I was now spending a lot of money on the car because I needed to buy new parts.

I told the garage and the guy is telling he we will give me something when he gets money so I requested for proof that I will get refund for the amount I used to fix the car but he is refusing to do so.

Please advise on what I should do in a situation like this.

I think you're right to insist that the car dealer puts their offer to refund you in writing. However, it's no surprise that he's refusing to do so. I think the best thing you can do is to approach the Competition and Consumer Authority and lodge a complaint with them. They've had some success with car dealerships and they have the power to get this guy to answer their questions.

However, there's a really important lesson here. Some of us have enough skill to give a second-hand car a good test before buying it but most of us don't. That's why it's really important to get any second-hand vehicle, no matter how cheap it is, inspected by a mechanic before you hand over the money.

The Voice - Consumer's Voice

I spent someone else's money

Hello Mr Richard. Sometimes last year my bank sent P4,000 into my account without reason. I called them frequently asking them about the money but they told me its my money. I waited for 3 days without waiting for them to talk to me again but they failed. I used money on the fifth day. In May I received a call from them telling me the money wasn't for me and I have to come to their office. They told me I must pay the money back. I told them that I don't have money but they told me to pay money via instalment.

I managed to pay 800, 350, 1,000 but it still reflects that I'm owing them 4,000 in my account. What can I do?

The first thing you should do is to ask the bank why they haven't updated your account correctly to reflect the payments you've made towards the debt. That's a simple thing for them to do and they're negligent for not doing that already.

The second thing you can do is think carefully about how this situation happened. You know now, and you knew then, that the money that was paid into your account wasn't yours. I know it wasn't your fault and I know the bank told it was yours, but you knew that wasn't true when you spent it.

The best thing you can do is keep talking to the bank and repaying the money you took. They've already agreed to accept the money in instalments so it's incredibly important that you keep to that agreement.

The lesson from this is never to spend money you know doesn't belong to you. If money ever does appear in your account that you weren't expecting, tell the bank immediately and do NOT spend it.

Should he be in prison?

In August last year, a judgement in Francistown High Court was given that my brother can use his pension to pay his debt to his bank. He took all the required documents to the pension administrators and up to now they have not paid the bank. The only time they gave him updates is when he either called or when we went to the office on his behalf to follow up since he is in Francistown and unemployed.

As I am talking to you now, he got arrested by deputy sheriffs of the same bank on Monday as the pension administrator has not made a payment to the bank. He will be at Francistown State Prison until his debt is paid.

Is this a fair treatment from people who have kept his pension money and have not been able to assist him on time when he needed them the most?

No, this certainly is not fair. In fact, this is a disgrace.

I know your brother owes money to his bank, but that isn't the real problem. The bank should know by now that your brother has the money to pay his debt to them, just not now. They know that his pension will pay off the debt and it's not his fault that the administrators have taken their time. So they should have sat down with him and asked him to sign some sort of agreement that when the pension pays out they'll get their money. And then they need to be a little more patient.

We spoke to senior managers at both the bank and the pension administrators when we heard this and, to their credit, they were just as shocked about what had happened. They both recognized that they had failed badly. The pension administrators have assured us that they'll get the pension process done as quickly as possible and they also promised an investigation into why the process took so long that it led to their client spending time in prison. The bank told us they'd make sure your brother was set free as soon as possible.

However, two days later, he's still in prison. You can find out if he's released in the Consumer Watchdog Facebook group. One final word on civil imprisonment for debt. This system is being over-used and often punishes the wrong people. Of course there are some people who deserve it, those who willingly, deliberately avoid paying their debts. They deserve to face the consequences. But very often it's the wrong people who are punished this way, people like your brother. We need a new approach.

Update: The guy was finally released a few days later. He's now back home, recovering from a traumatic experience he didn't deserve. Both companies should be ashamed of how long they took to sort this matter out. 

The Voice - Consumer's Voice

More scam alerts

Maybe it's the time of year, I don't know, but there's a lot of scams around right now.

Last week we warned readers of The Voice about a scam called Miracle Farm which is a replica of Ecoplexus. Luckily a lot of people are more aware these days but people are still falling for it, depositing money into a local bank account that is being used to channel the money to the crooks running the scheme overseas.

But Miracle Fam isn't the only scam going around. There are other, including Ace Car Rental, Ceptual Trade, Crystal Queens and Forzza Odds. They all operate primarily from WhatsApp groups full of promises of massive and quick profits. They all ask for relatively small amounts of money but if lots of people fall victim to them, they still make a lot of money. You can be sure that anyone who gives them a little will soon be encouraged to pay them a lot more.

So how can you tell if something is a scam? Here are some ways to help you decide. Firstly, ask the person who invited you to join, why they did so? Did they do it because they're just a kind and charitable person? If they say Yes, then you know it's a scam.

Next, ask them if the scheme is a registered company. Hopefully they'll tell you that it's registered somewhere but if so, ask for proof. Then check if it's true. If you don't know how to check, ask us.

Ask them how money is generated by the scheme. People marketing a legitimate investment scheme will talk about share or commodity prices, dividends or the income a company can expect from selling products and services. People marketing a scam will be less specific. They'll talk about cryptocurrency or forex trading, Bitcoin mining or they'll say it's a motshelo or 'gifting' scheme. If you ask them how profits are generated they'll do their best not to answer. Because they have no answers.

Those promoting a genuine investment will welcome questions. They'll happily give you complete answers to every question you ask. However, scammers will very quickly become defensive and ask you why you're asking so many questions. "Just trust me", they'll say. Anyone who says this is trying to scam you.

Above all, scammers will make incredible claims about how much money you can make from their scheme. They'll tell you that small 'investments' can earn a great deal of money. They'll also ask you to invest more and more money, encouraging you to 'upgrade' to higher levels with promises of even greater profits. That's a sure sign of a scam.

A common trick they'll try is to show you bank payment messages. These are almost always faked but a few will be genuine because they do sometimes pay the victims a little money to make the scam seem legit. It's not, it's a criminal enterprise and the law makes it just as illegal to join a scam as it does to promote one.

Finally, remember this simple truth. Anyone who invites you to join their money-making scheme wants to make money from you, not with you.

Will they fix my TV?

Mr Harriman I need your help sir. I bought a 58 inch smart TV at a store in Tonota last year July. On the 14th December I found the screen cracked. I reported it to the manager they took it but they don't want to refund me for the television. They say its my fault I broke it while it was mounted on the wall.

I think we need to ask one simple question. Who caused the damage to the TV? The problem is it's hard to say. It's possible that the TV was damaged before it was installed at your place or during the installation. However, the store have already suggested that there's no evidence they broke it and it's more likely that it was broken while you had it. From their point of view, the fact that you took 5-6 months to report it to them supports that.

I'll contact them for you but honestly, I'm not optimistic.