We get a threat!

This arrived this morning. Scarey, eh?

"To Whom it may concern,

We have come across your website and are in the process of taking legal counsel.

As you clearly do not understand the education law in the US which may vary significantly from your country, you are not in a position to identify our institution as ‘fake’ or associate it with ‘scams’. We therefore ask you to remove those statements from your website.

We aggressively pursue for damages those committing libel and defamation against us (including those located in Botswana), and we note this mail as a precursor evidence of our willingness to settle the matter amicably if the matter later arises to a costs order. (In other words, if this proceeds to court, and you did not heed the warning, it will be used as a means for us to obtain our legal fees from you as well as substantial damages).

University of SouthCentral Los Angeles"

I think they are upset by the references we made to them here and here.

This is the "university" that does not appear to be accredited by any legitimate accreditation body. It's the "university" that rather then being based in "SouthCentral Los Angeles" (Yes I wonder about the absence of a space as well) says on it's web site that in fact it:

"is registered in the British Virgin Islands".

This is the "university" that offered me a scholarship to obtain a PhD for a mere $850 despite me providing them with absolutely no details of prior qualifications, skills or aptitude.

This is the "university" that says I can get this qualification by:

"written assignment and multiple choice based questions through self learning & distance learning"

and that I can get the qualification without actually doing any reading. A PhD by multiple choice questions??? Are they serious?

You can see more coverage by other people here, here, here and here.

And finally, perhaps they should consider Section 195 of the Penal Code of Botswana which states that a publication is not defamatory if:

"the matter is true and it was for the public benefit that it should be published".

I think it's in the public interest for this to be known, don't you?

The Voice - Dear Consumer's Voice

Dear Consumer’s Voice #1

Just a few weeks ago, I went to a store in Phakalane and purchased a few goodies which I intended to pay by Rands. To my surprise I was told if you pay with Rands you don’t get any change, regardless of how much your purchases cost.

Imagine having to buy a can of drink for P5.95 and you pay with R50 and that’s it. WOW! How shocking!

What irritates me is the fact that it was not the first time I make purchases at the same supermarket with Rands and I’ve never been told such a thing in the past. Looks like it’s a newly introduced arrangement (if I may call it that).

My question is why? It doesn’t sound fair to me, they are robbing us big time.

I’m not sure I fully understand your problem. This is Botswana, the Rand is not our currency. The Rand is currency in South Africa and despite what certain furniture stores seem to think Botswana is NOT the 10th province of South Africa. We are, in case they haven’t noticed a very happily independent, sovereign nation.

However, let’s assume you can pay in Rand in a store in Botswana. Let’s take your example. You pay for a P5.95 drink with R50. How much change do you expect to receive? In what currency do you expect to be paid your change? If in Pula, how would the store calculate the correct amount? If, for some reason, you took the drink back later how would they give you a refund?

That is where there might be a legal problem. You give them currency A and in return they give you currency B? If the store starts looking up exchange rates, doing the calculations and exchanging currencies doesn’t that make them a foreign exchange dealer? The Bank of Botswana Act says that “no person shall carry on the business of buying and selling foreign exchange without a licence issued by the Bank”. It might even be illegal for them to give you change.

In summary, I think it’s best if you keep life simple. Pay for things in Rand in South Africa and in Pula in Botswana. If you want to swap one to the other go visit your bank.

Dear Consumer’s Voice #2

On 20th January I bought a t-shirt from JB Sports in Ghanzi. I started wearing the clothing item on the 29th January when I knocked off from work. Later when I removed the t-shirt I saw some black spots all over my body and realised that they were left by the t-shirt. I thought it was starch because of the fact that I never washed the t-shirt before wearing it.

The following morning I soaked the t-shirt together with my other clothing items before leaving for work. I did my washing at around 1700 hours when I knocked off. When I tried to shake water from the t-shirt it busted across the chest. I closely examined the t-shirt and found more tatters that apparently occurred when I was washing. The following morning I went to complain about the clothing item. The staff said they could not help me because the manager was not around and queries of that kind can only be solved by the manager. I left the clothing item at the shop and came back on the 11th February and the staff members were in no position to help because the manager told them they couldn’t help me even after examining the clothing item. They wouldn’t even give me their names or the contact address of the manager so that I could communicate with him or her myself. All they did was to accuse me of having been involved in a fight or used some chemical on the clothing item that lead to the condition. I left the clothing item at the shop together with my contacts hoping they will call me when the manager was around but they never did.

Can you help?

Section 13 (1) (a) of the Consumer Protection Regulations says goods must be of merchantable quality, which means they must be “fit for the purpose”. Clearly a t-shirt should be capable of being worn but also of being washed. If an item of clothing isn’t capable of being washed it’s clearly not good enough to sell.

If you are certain that you didn’t mistreat the t-shirt in any way, I suggest that you write them a letter, explaining how you think they breached the Consumer Protection Regulations and give them perhaps 7 days either to replace the t-shirt or to give you your money back.

Please let us know what they say.

Dear Consumer’s Voice #3

I was invited to a presentation by a group calling itself Success University. Do you think I should go?

If you’re in the mood for some fun why don’t you go and ask them to explain why they have been declared “an illegal pyramid scheme” by the Bank of Namibia and they are banned from operating in that country as a result. Otherwise I wouldn’t waste your time. They are a pyramid scheme that, for the moment, is allowed to trade here. Who knows how long for!

We get mail

Someone calling themself "Faith" clearly doesn't like me saying that the BioDisc is a ridiculous lump of useless glass and that QuestNet is a pyramid scheme.

Her comment goes like this...

i am highly dissappointed in you guys.i have one question for you.did you actually try using the disc and did not see the effect before you started saying it does not work.

So sorry you're disappointed. No, I don't need to use a product that is so obviously implausible to have a reasonable suspicion that it's useless. Even the manufacturers admit in their disclaimer that it doesn't do anything.

i am a medical practitioner and no one brought the product to me,i saw it in a magazine and i did a research for over 2 mths looking for different articles about it before i purchased it.

Frankly you are either NOT really a medical practitioner or you're a very poor quality one if you don't demand evidence of something working before you buy into their pyramid scheme. Why don't you provide me with copies of your credentials? I might then believe you.

whether you believe it or not i have amazing testimonies concerning the use the disc.some of my patients are off their hypertensive and diabetic drugs few months after usage.i no longer have bone pains whenever i'm stressed.u don't pay for any registration with your credit card except you are interested in the network which is a mere $10. please the leaders in the network are highly responsible and intelligent people i have read 2 of their books and watched different videos.dont tarnish their images without first doing your due deligence.i'm just 3mths in the network and i'm still in the learning stage but what i have gained in my short interaction with them is amazing.thank you.

Evidence please? If a piece of glass can perform miracles shouldn't there be some evidence, REAL evidence, not just made-up anecdotes? Frankly if this thing worked there would be Nobel Prizes for medicine being awarded and pharmaceutical companies queuing up to cash in on it.

So, please forgive me if I don't suddenly convert to QuestNet and waste my money on the Biodisc. Forgive me if I dont take "Faith" seriously when "her" profile on Blogger list her blogs as follows:

• Panic Away Tips
• Stock trading tips
• BIODISC MIRACLE SOLUTIONS
• Demystifying Network Marketing
• QUESTNET BIZ OPPORTUNITY
• Premature Ejaculation Solutions
• Medical Tips For Women

Please, if you're going to criticise me, try a little harder?

Evolving scammers

Evolution is a wonderful thing. All forms of life gradually evolve over many generations to fit better into their environment. As the environment gradually changes those forms of life that have a natural advantage are the ones that are most likely to survive long enough to breed, thus passing on the genes that gave them that advantage. This works for every form of life, even scammers (OK, admittedly a rather low form of life).

I haven’t received a single old-style Nigerian “419” scam email in months. Amazingly, the children of deposed dictators, lawyers representing deceased businessmen and dying benevolent millionaires have all stopped contacting me offering me a chance to share in their fortune. Evolution must be doing away with them. The environment has changed, it’s become more hostile to them. Instead other species of scams have emerged to their place. Initially it was fake lottery wins but now they mostly seem to be based on fake offers of employment.

We’ve heard from many people who’ve been taken in my companies that claim to be able to get them all sorts of amazing jobs around the world for staggering salaries and wonderful working conditions. All the victims have to do is cough up a registration fee and then a variety of other payments and they are promised a job. Of course these are jobs that never actually occur. They are as imaginary as the millions in those Nigerian bank accounts.

However, these scams are a bit smarter than the 419 and lottery scams. They are slightly more believable. Nobody with any common sense (Yes, I DO know that common sense isn’t common) will fall for the 419 or lottery scams because they’re simply unbelievable. Strangers just don’t contact you and offer you large sums of money. You can’t win a lottery you haven’t entered. That’s fairly simple to work out for yourself.

However, the scammers have evolved. They are now coming up with stories that are more believable, like the job offers. It’s just believable that a company would ask you for money so they can find you a job, isn’t it? It’s just believable that they would ask you to pay up front for visas, permits and travel. Isn’t it?

It might sound believable but that doesn’t make it true. It’s simply not how recruitment works. In every country I’ve ever worked it works the same way. Recruitment starts with a vacancy. It doesn’t matter whether it’s a diamond company, a government or a cruise ship. A vacancy exists and often the employer will appoint a recruitment company to advertise for applicants. The key thing is that the employer pays the recruitment company, not the applicants.

If a big company in Botswana wants to fill a vacancy they’ll go to a recruitment company like HRMC and get them to do all the work for them. HRMC will advertise, process the applications, shortlist, review, interview, lobotomise and psychoanalyse the applicants and eventually come up with a list of the best candidates for the company. At no point will any of the applicants be asked to pay for anything, it’s the potential employer that pays.

OK, perhaps it’s different if you’re applying for a job in a foreign country? I doubt it. We got an email recently from a consumer in Francistown who had been conned by a company up there who were working on behalf of a Czech company calling itself Workerhire. This consumer had paid P250 followed by a further P4,000 to register with Workerhire to get a job in “Shipping” in Australia. He had already sent over his personal details as well as a passport photo to Workerhire to get this fictitious job.

We took a look at their web site and it’s very smartly done. It shows the passport photos that people have sent in with their success stories. However what you find there is simply unbelievable. They claim that there are vacancies for Sandwich maker earning $3,500/month, Au pairs at $3,000 and even Bank managers at $5,000/month. Do you really believe that any bank in the world hires bank managers on the internet? Of course not, it’s ridiculous. Not, however, as ridiculous as one of the other vacancies they wanted to fill. They claim that you can earn $5,000 each month as a marine. A Marine??? I know the US Government is having difficulties fighting their various wars at the moment but I don’t think it’s so bad that they are now hiring African soldiers from East European web sites.

As well as that nonsense there’s also the general lack of credibility of the whole idea. In Botswana we’ve been somewhat protected by the global recession. Our Government and our banks have been fairly sensible over the last few years, they haven’t lent too recklessly, they haven’t taken your money and mine and bet it on a horse like those in other countries have done. Bu the effect in other countries has been serious. In the UK they are expecting unemployment levels to soar. If you believe Sky News (Yes, I know you probably don’t) UK unemployment levels might reach 3 million. So why does the Workerhire web site say it is actively placing people in the UK as care workers, factory workers and receptionists? They’re lying.

Then there’s the final straw, the real sign that they’re a bunch of crooks. The invitation to become their agent. If you give them P30,000 (yes, thirty THOUSAND) you can be their agent in Botswana. They say you’ll “earn from R15 000 to R30 000 per month” as you rip off your fellow country-folk.

Who can resist that? You should.

This week’s stars

• Steven from Apache Spur for brilliant service.
• The entire team at the Ramotswa border crossing for their friendliness.

The Voice - Dear Consumer's Voice

Dear Consumer’s Voice #1

I got an email offering an opportunity to advertise on their web site. It says people can buy my products online and that it has made people millionaires. Can this be true?

Absolutely not. I looked at the email they sent you and it’s very suspicious. Firstly the email fails the first scam test. It came from a free email address. As we’ve said before, there’s nothing wrong with a Yahoo, Hotmail or Gmail account, we all have one, but they are not something real businesses use for their main email.

It also makes a series of unbelievable promises. It says

“Introducing the rapidly fast growing website in Malaysia www.monsun-biz.com. It’s been the talk of the nation since it successfully produce silent millionaire across Malaysia since 2006. We understand your need to grow big and strong and we are here to help.

It’s Cheap! Only RM 50 for 30 days! Compare that to any advertisement out there! We are the best!”

They want you to pay them around P100 to place some pictures of your products on their web page for a month. What’s more, you have to pay them up front, then send them a text message to confirm you’ve paid and only then do they say they’ll contact you for more details about what you want to advertise.

But why would you want your goods advertised in Malaysia? Why would you want to advertise on a totally unknown web site that, as far as I can see, nobody visits?

The web site is not even worth visiting. It is actually selling virtually nothing, very little appears to be actually sold from the site and the few items I saw that were for sale could only be shipped within Malaysia.

So no, I don’t think their promises can be true. This isn’t offering you anything that will benefit you, it strikes me as a scam. Spend your P100 on something better. We even have our own Botswana-based e-commerce web sites these days. Support them instead of wasting your money!

Dear Consumer’s Voice #2

I sold 1999 VW Golf for P27,000 to a company called Gush Gush Car Sales in May this year. The manager told me that the arrangement is that I leave the car for processing, and my money will be deposited in my account before 20th May. That’s when I can give them the registration book. The payment was not made on the agreed date, I contacted the manager on the 22th May, that’s when he told me they had a few minor problems and assured to pay me on 25th May. They also informed me that my car had electric problems, but they assured me that wont prevent them from paying me. But to this day I haven’t been paid not even a single thebe, when I call them they don’t take my calls, when I visit them at their shop, they will give me a date of payment, but still they haven’t paid me. The last time I went to them was on the 20th August, the feedback that I got was “We will get back to you before the end of today” but they didn’t.

What can I do?

First the bad news. It was a MAJOR mistake to hand over the blue book. You should NEVER hand over your blue book until you have got your money. Possession of the vehicle registration documents is more important than possession of the car itself. Now that these guys have the documents they can do whatever they like with your car.

Nevertheless the sale agreement you and the company signed might help you. Although it’s a standard document that says they will sell the car for you they handwrote and signed the following:

“Gush Gush Car Sales to pay XXX the sum of P27,000 on or before 5th July 2009.”

We’ll get onto them and see what they have to say for themselves.

The lesson is simple. When you’re selling a car keep hold of the registration documents until the very last moment when you have the money in your account or better still in your hands!

Are you qualified?

It’s not a widely known fact about me, it’s a secret I try to keep within a small and intimate circle of friends. It’s not that I’m ashamed you understand, it’s just that I don’t want it to change people’s perceptions of me.

I’m an ordained Minister of Religion.

Yes, you might think it bizarre for someone with my beliefs to be entitled to conduct religious services, marriages, baptisms and funerals but it’s true nevertheless. Before you get all sceptical let me assure you that it IS a real ordination. I got it from the Universal Life Church, a wonderfully amusing web site that describes itself as the “torch bearer of online ordinations and ministries”. If you visit their web site you can instantly be ordained as a Minister. Admittedly it only really works in certain parts of the USA and there are, I believe, certain states that have refused to recognise this silliness. However it IS a true ordination.

But, you might ask, isn’t ordination reserved for the holy, the respectable and the devout? You might think so until you realise quite how many evangelists, particularly the ghastly TV evangelist types have religious qualifications as respectable as mine.

Those of you with DSTV may have seen the awful Joyce Meyer on the Trinity Broadcasting Network channel. “Dr” Meyer does indeed have a doctorate but it comes from the non-accredited “Life Christian University”. She also has various honorary degrees from a bunch of wacky Christian universities in the USA. In fact non-Dr Meyer doesn’t have any qualifications at all. This is the same Joyce Meyer whose ministry is a $90 million per year operation, who travels on a private jet and who lives free in a $2 million home.

The same goes for many of the other TV evangelists such as Benny Hinn and Marilyn Hickey. Their qualifications are as bogus as their “prosperity gospel” teachings that seem to consist of the nothing but demands for money, preferably large quantities of it.

Just last week Botswana was “privileged” to welcome Dr Charles Dixon, whose web site describes him as “an anointed prophet of God”. What interested me was his claim to the title “Dr”. I was intrigued to establish whether “Dr” Dixon has as much of a doctorate as “Drs” Meyer, Hinn and Hickey so I emailed him and asked. I haven’t heard anything back from him yet but maybe I’ll be impressed, maybe it’s a real one. I’ll let you know if I hear back from him.

Please believe that this isn’t an anti-religious rant, it’s just an appeal for consumers not to throw their money at the various crooks who take our money under the guise of religion.

What’s more it’s not just religious qualifications that I think we should question before we part with our money. It’s any qualifications that should be questioned.

In the couple of years, as part of various bits of real, paid work I’ve encountered a number of people with qualifications that I thought needed closer examination. These employees of reputable organisations have claimed to have degrees from places such as Knightsbrdge University, the American Institute of Computer Science, “Madison University”, American Intercontinental Online and Calamus University. The thing that links all these institutions is that none of them are real. They are all crooked diploma mills who “award” degrees for cash rather than hard work. None of them require anyone to do any learning, any research or to publish anything.

So what has this to do with us, with consumers? The danger is that you or I will be tempted to get one of these qualifications. It’s not hard to be tempted. As I’m writing this I can see the BBC News web site. Like many web sites this contains advertisements. One reads: “University Degree USA. MBA, PhD, BA, Degree in 12 months. Study On-line from your own country” and has a link to the web site of the "The University of SouthCentral Los Angeles". This offers a range of degrees, up to doctorate level, for a mere US$850. There are no entry requirements, I can assure you of that. I know because a few weeks ago I emailed this bunch of crooks and applied for one of their $850 PhDs. Despite using an assumed name and claiming to have qualifications from diploma mills I was immediately accepted. They sent me some hilarious documents explaining how I would get my fake PhD by not doing any research, not reading any particular books and basically by sitting on my bottom for a year. The only thing that mattered was the $850.

Curiously, this so-called university demands that it be “subject to the exclusive jurisdiction of the courts of British Virgin Islands” which is a little odd for a university claiming to be based in LA. OK, perhaps it’s not particularly surprising because the so-called University of SouthCentral Los Angeles is about as reputable as an educational establishment as is my toilet.

If you are ever tempted to get one of these degrees you really should think again. There is a growing understanding amongst employers of how easily fake degrees can be obtained. You’d be wasting your money, becoming a professional liar and you run the risk of being disgracefully fired.

Is it worth it?

This week’s stars

• Toro Motiki from Multichoice for excellent service.
• Cox, a mechanic from Barloworld Volvo for “fantastic service with a smile and looking out for my interest as the customer”.

The Voice - Dear Consumer's Voice

Dear Consumer’s Voice #1

I have a very serious problem.

I purchased furniture from Supreme Furnishers in Kanye some times last year and I defaulted for 2 months then that furniture was repossessed. During the repossession I refused to sign the repossession form since I did not agree with the terms which said that the goods will be sold and I was to pay the difference in instalments.

Kindly explain to me what does 24 months to pay mean because now Supreme Furnishers has handed me to ITC and I have been blacklisted though I had an agreement with them to pay within 24 months.

Your urgent response regarding this matter will be highly appreciated.

You have misunderstood your agreement with Supreme. I haven’t seen the contract you signed with Supreme last year but I bet it DIDN’T say that you had “24 months to pay”. I bet it said you had to make 24 monthly payments, which is a very different thing. When you sign a credit agreement with a company like Supreme it’s not up to you to decide when and how you make your repayments. You agreed to make payments every month, not when you felt like it.

As you admit you did default on your repayments. Repossessing after only 2 months does seem rather quick but check that contract you signed. What did it say about repossession? You don’t go into detail about any letters they wrote to you regarding your payments, did you respond to them?

You mention that you refused to sign the repossession form but I don’t think this means anything. The original contract you signed will have outlined Supreme’s right to repossess the furniture.

Technically there’s no such thing as being “blacklisted” with TransUnion (ITC’s new name). You will have a record in their database that describes your repayment profile and this will no doubt record the fact that you defaulted and the goods needed to be repossessed.

Unfortunately you still do owe Supreme the outstanding instalments minus any value they received by selling your furniture but you can’t expect that to reduce your debt by a great amount.

What I suggest is that you send us the original contract you signed and copies of any letters you have received from Supreme and we’ll see if there’s anything we can do but I suspect there’s not much chance.

The lesson is simple. Don’t buy on credit!

Dear Consumer’s Voice #2

[This is a long story that we’ve truncated to highlight the important issues. The customer bought a car at auction that had previously been repossessed by Government. He had a number of issues to fix and took the car to garage. When he picked up the car they failed to give him the old parts they had replaced and then problems occurred with the prices he was being charged.]

When I checked on him on Monday he started by lecturing to me how he loses a lot. Only after I convinced him that I can only be satisfied and pay if I see the replacement parts he walked around the workshop collecting the timing belt hanged on one car and a package of tension pulley and some plugs from the rubble and gave them to me. He quoted me P1,550 for the tension pulley and P600 for the timing belt and P170 for the plugs.

When I went to another spares shop a similar timing belt was sold at about P200 and the tension pulley was worth about P300. I did not check on the plugs which I also believe they cost less than the price he quoted.

On the basis of the above I wish to seek your advice as I feel unjustified service has been done to me and my car; hence I want to dishonour the PD cheque pending a justified account for the service rendered and the costs thereof.

I hope you realise how fortunate you are? You gave him a post-dated cheque and he accepted it? Is he insane?

Yes, you should certainly contact your bank and tell them NOT to honour that cheque. Even if the bank charge you it’s surely worth it? You have a reasonable suspicion that this garage is abusing you and it’s only fair to withhold payment from them until they cough up the truth. The prices you quote are just ridiculous and if they can’t prove that they really did replace those parts then they are in deep trouble. The Consumer Protection Regulations are simple enough for him to understand.

They’ve breached Section 15 (1) (a) by failing to deliver a service "with reasonable care and skill". They may even have breached Section 17 (1) (b) which describes "representing that a part, replacement or repair is needed when it is not" as an unfair business practice.

I suggest you write him a polite letter saying you are withholding payment until he can give you a decent explanation for the prices he’s charging and the story behind the replacement parts.

Let us know how he reacts!