The Voice - Consumer's Voice

They took my money!

An insurance company has been deducting money from my account but I've never opened a policy with them. A relative of mine had opened a policy with them and I was in that policy so since I'm not their client when opening the policy they chose to make it mine but I wasn't aware of that. I asked that they close it the very first month I noticed they were deducting money from my account. The policy was closed after 5 month and still after closure they deducted money from my account. When they closed the account they sent 2 months worth of deduction to the relative who opened the policy but they have been deducting from my account. I've zent emails and I'm being tossed around. I don't know where to go anymore please assist.

This is a complete mess. I understand that everybody makes mistakes sometimes, we're all human, but when we make a mistake the decent thing to do is to own up, fix the problem and make sure that it doesn't happen again. It's even more important to behave like this if you're an insurance company that is taking money from the wrong person. They should be asking themselves whether their real customer was covered by the policy during the time you were paying for it.

I contacted the company and they responded very quickly, promising to investigate. Two days later they contacted me again saying that the matter had been resolved, which is good news.

However, I have one question. How did they get your bank details?

Can he get them back?

My brother got furniture on higher purchase. So for the past 2 months he couldn't pay and they came and took some of the furniture and left some. They have been pestering and threatening him with endless calls to pay but he always updated them. So this morning the money he has being waiting for has been credited. So he was asking them if they are bringing back the ones they took as he is paying for all the furniture, but it seems they want to accept the money and not return the other furniture taken. How does he go about it?

There are some very important things we need to understand about hire purchase. Firstly, it's called 'hire' purchase because until you've paid the last instalment, you're hiring the goods, you don't own them. They still belong to the store. That changes a lot. For example, it means that they can claim back, or 'repossess', their property whenever they think they have a good reason to.

And what are those 'good reasons'? The best one is being in arrears. If you fall behind with your payments, the hire purchase agreement will say that they can repossess their goods whenever you are in arrears. They don't need to go to court to do this because that's also in the agreement. What it also says is that they can register you with a credit reference bureau when you owe them money.

In your brother's case, it really depends on how generous the store is willing to be. They can keep the repossessed goods and continue charging your brother the monthly instalments until the end of the repayment period if they want.

I contacted them and they're investigating. Let's hope they can be generous.

The Voice - Consumer's Voice

Can I get my money back?

Kindly assist. I bought a new TV on hire purchase. The TV was fine until March when it started producing some black spots on pictures, I reported it to them as it is still under warranty and they took it for maintenance but to my surprise after 2 weeks it was brought back unattended because it showed the same problem. I sent it back with them. They brought it back again after 2 weeks with the same problem and then they promised to exchange it when I demand my money back.

They later called me and told me that they can't replace the TV because the technicians are saying they can't find a problem and then I asked them to talk to the salesman who confirmed that it indeed has a problem. Now they are saying they are taking it back to the supplier. She then said the senior manager is saying they can't give me a new one or my money because I have used it for more than a year even though it's still under warranty. Please help me recover my money because it shows that it will be back and forth issue.

This store is obviously very confused. They're confused about how to deal with consumer problems and very confused about consumer rights. Clearly none of them have read the Consumer Protection Act. Or if they have read it, they clearly don't understand it. Mostly, they seem very confused about what to do. In a situation like this, they just need to make a decision about what to do. Importantly, it should be a decision that addresses YOUR needs rather than theirs.

I contacted their Head Office in South Africa and they responded reasonably quickly. They're trying to contact you. Let's hope they make a decision. Quickly.

Where's my refund?

I paid for a car and have all the receipts but the guy delivered a wrong car and promised to deliver one we agree upon. After i realised he might take me for a ride I hastily drew up a contract and he signed. He then managed to order the one we agreed upon. I was not allowed to see the car because apparently the guy was failing to pay the balance at the bond warehouse when the car arrived.

Around May I realized I might not even get to see the car so I called him in order to give him a cancellation and refund letter. I even gave him extension after extension and there was always a story after another until BURS released the notice about the importation of cars and found out that he undervalued the car. So I gave him an acknowledgment of debt letter of which he read and signed too but to date its story after story. He said he found a client but he is even failing to communicate with me effectively. I do not want to take the matter to court as I feel it will drag on for a very long time and either way I could not even have the car because he has not yet fully paid the BURS clearance and registered the car.

I had taken a P50,000 loan to help get the car but now am repaying a loan and the money had not worked for me. Your assistance will be of great assistance.

So far you've done everything right. Most importantly you forced this guy to sign an agreement promising to repay you. However, he doesn't seem to understand what a promise is.

I'll contact him and see if I can add to what you've already achieved.

The Voice - Consumer's Voice

Where's my tombstone?

I am in need of your help. I engaged a company for a tombstone amounting to P17,055. He asked for first payment which was done on 5th March as P10,000 and we agreed the installation would be done in March. On 1st April he asked for the final payment and details of the tombstone. Till date he has not delivered on the tombstone. I have called him for feedback and he says he has orders dating as far back as last year. He says he deals with many clients.

I even went to the Police and he is saying for him to refund I need to wait for him to sell the tombstone first. I don't believe it's ready because he should have at least sent me a photo to give me assurance, and I can't wait for him to sell as he is claiming.

On 1st April when demanding for the final payment he said the stone is ready, and now it's a month without any communication and I am the one following him as if I owe him, he should have communicated that he has so many customers coz I shouldn't have settled for that. I need help with my refund I no longer want to deal with him.

I have bad news and good news.

The bad news is this is the third time a reader has complained about this company. In the past it's been similar stories. Money paid, tombstones not delivered and promises broken.

The good news is that I made some progress when I contacted him. He's still promising to pay a refund but this time after he's repolished the stone and removed the name of the deceased and resold it. Given my experience with this and other tombstone suppliers I'm not very optimistic. But we can't give up.

Can't I just return it?

I bought a Redmi 14C phone on the 21 May. I didn't use the phone because I noticed the fault the same day I bought it. I then returned it to the shop on the 23 May but they refuse to exchange for me. Rather they took the phone back and said it should be sent to technicians first.

At the back of the receipt it is written that if the customer is not fully satisfied with the product, it can be exchanged or refunded. I need a refund not a repaired phone on first buy. What about 7 days policy? Is it right?

This store has caused some confusion.

I think the 7 days they refer to is the time when you can simply change your mind and return the item. A store isn't required to offer this service, it's just good customer service.

However, there's also the warranty period which is the period when the supplier is required to deal with a faulty item. If a faulty item is returned, they can choose whether to repair it, replace it or refund you. When you returned the phone they saw it as a faulty item to be repaired, assuming you wanted to keep it. I think it's best to allow them to try to repair the phone.

But they shouldn't take too long about it.

The Voice - Consumer's Voice

Can I return the shoes?

Good day. I bought shoes and I bought wrong choice wanted to take money and they say it's not possible to refund. Everything is in good condition.

Is there any possibility that I get the money back?

Unfortunately, I don't have any good news for you. Section 16 of the Consumer Protection Act says that if we buy goods that are faulty within 6 months of purchase, we can return them to the supplier. That supplier can then choose whether to refund us, replace the item, or repair it. It's important to understand that the decision about which option to choose rests with the supplier, not us as consumers. It's a common source of frustration for consumers that stores try to repair something instead of refunding us. However, it's also important to note that if they do repair a faulty item and the same fault occurs again within the next three months, they can then only replace the item or refund us. They don't get a second chance to repair it.

In your situation, it's different. As I understand it, there's nothing wrong with the shoes, it's just that you chose the wrong ones, so you have no right to return them. Obviously, some store managers are kinder than others and some will allow you to return things if you changed your mind or if you made a simple mistake like yours. But that's just good customer service, it's not a right we have.

Can we make them pay a refund?

Hey Richard, my parents got scammed by a construction company. My parents engaged them to build their retirement house and paid them a deposit of P400,000 to begin works. Its been a month and the company has only sent out people to dig the site and that was it. They have since tried calling the owner of the company, but he keeps avoiding their calls. We don't know what to do.

They sent him a notice of breach and that they are terminating the contract but they have ignored our messages. Please help.

I contacted the builder and, to their credit, they responded very quickly with a very long email explaining that they "sincerely apologize for the distress and inconvenience caused to the client regarding the incomplete project. We fully acknowledge the client's frustration and understand their rightful expectation for closure on this matter."

They also said that they were "navigating a difficult financial period, which has delayed our ability to refund the client in a timely manner" And that they are "currently in the process of stabilizing our operations, and as part of our resolution strategy, we would like to formally propose a sit-down meeting with the client to agree on a practical way forward — such as a payment plan or another suitable arrangement".

So far so good. Let's see if they keep to their word and arrange a payment plan that suits everyone and allows your parents to carry on with their project.

Update. Unfortunately, there was no progress at the time I wrote this. It looks like the matter will be going before the courts.

The Voice - Consumer's Voice

I'm a victim!

My documents have been used to get a loan, and now they refuse to absolve me from the case even with evidence of statements and payslips provided. My Omang, as for the payslip, they were fabricated, the account numbers were changed and figures were changed. The police are doing investigations but the lender is not even willing to listen or do anything.

The police say they are on it but I have only received a call from them once. Thing is in my case I am the one who was to open the case and not the lender, though I am a victim in the case of fraud. Its like there are many cases currently being investigated but with me the institution at hand does not want to do anything or absolve me from the case even with evidence provided.

This is going to be difficult.

I contacted the lender and they told me a much more complicated story. According to them, you visited one of their branches and completed a loan agreement. Apparently, one of their employees went through the KYC process and saw your identity documents. Your signatures on all the documents seems to match each other.

They say that your report to the Police, which says you were the victim of a fraud and never received the loan, doesn't prove anything. They later gave me the details of the bank account to which they paid the money and it's not the same bank you say you're with. Nevertheless, they don't see this as sufficient evidence of fraud.

Their suggestion is one that I agree with. You need to encourage the Police to conclude their investigation, prove that a crime was committed and that you were its victim. Then they might be able to fix this problem. 

Be careful what you click on!

Anyone on Facebook will have seen lots of advertisements recently for giveaways and competitions from large chains of supermarkets. A recent one appeared to be from Sefalana, another seemed to be from Fours. Both reported that the company had "480 refrigerators and washing machines that cannot be sold due to minor scratches and dents". To get one of the items, they say that all you need do is reply to the post and then share it in various Facebook groups and pages. But it's all fake. It's a scam.

What happens is that as soon as you reply, you get a message from them saying you're a lucky winner and all you need to do is click on a link. This takes you to a web page where it asks you to register for a video streaming service for P3.56 per day.

I suspect this is what it's all about, that daily payment. I bet they'll make it very difficult to unsubscribe from the service. And who knows if it really will be just P3.56 each day?

The lesson is to be very careful about what you see on Facebook. Don't share things that you think might earn you a gift or some money. It's always a scam.

The Voice - Consumer's Voice

Why can't they refund me?

Kindly shed some light regarding this matter. My son used to go to this certain school and at the beginning of every term l deposit a terms worth of money in their school account to pay for the fees.

Last year at the beginning of the year l removed the said child from that school and enrolled him at a new school. I don''t know how l kept the old school's account number and at the beginning of this term l sent money to the old school. When l realized the mistake l communicated with the old school apologized for the said mistake and asked them to reverse the said money. l just got their reply stating that l should go to the bank and ask them to reverse the money. Is it possible that when l go to the bank l will be helped? Kindly walk me through the steps l should take.

I'm not a banking expert but I know this much. I know more than this school knows.

Can you imagine what would happen if a bank could simply be told to reverse a transaction the way this school thinks can happen? It would mean that anyone could change their mind after paying for something. Someone could buy a product and then get their money back.

I think you should educate the school management about this. Yes, it was your mistake, and I think you should suggest that they can deduct any transaction fees from the money they refund, but it doesn't change the fact that the school needs to make a little effort to return your money.

If necessary, I'm happy to contact the school for you. 

Is it fair?

May I kindly inquire. I owe a furniture shop and the debt is in arrears. They handed me over to their debt collectors as I appear on ITC but now their threatening with repossession of the furniture when I asked them to make a payment arrangement as they already handed me over.

Is it fair that they want to repossess the furniture when I still show interest in paying?

No, it's not fair but it is how hire purchase can work.

The first important lesson about hire purchase is something I've said many times before but it's worth repeating. It's called 'hire' purchase because until you've paid the last instalment, you are hiring the goods, you don't own them. That changes a lot. For example, it means that they can claim back, or 'repossess', their property whenever they think they have a good reason to.

And what are those 'good reasons'? The most important one is being in arrears. If you fall behind with your payments, the hire purchase agreement will say that they can repossess their goods whenever you are in arrears. They don't need to go to court to do this because that's also in the agreement. What's it also says is that they can register you with a credit reference bureau when you owe them money.

However, there might still be hope. Let's both contact the store and see if there's still an opportunity to settle this debt amicably.

The Voice - Consumer's Voice

Can she get her money back?

Hello Richard. Please help. My Mom got scammed by a woman claiming to be calling from her bank. She requested for account number and pin number then she kept on asking for OTP codes until she took P16,000 from the account.

Now I'm asking can they be traced through the number or bank transfer. Is it traceable?

Unfortunately, I can only offer you bad news. The nature of scammers is that they do their best to transfer any money they've stolen from the victims outside the country as soon as possible to stop the banks and law enforcement agencies from tracking the money and putting a hold on it. There is a small chance that if you alert a bank soon enough they might beat the scammers and hold the money but, in this situation, every second counts. If the victim waits even for minutes, it will probably be too late.

I know it's no comfort but your mother is one of many victims of these scams. I know a few people who've fallen for scams like this and I'm sure many readers of The Voice will know others.

One thing your mother MUST do is to report this to the Police. There's a possibility that someone here in Botswana was part of the scam and if so, they need to be dealt with.

Tragically, the only things we have to protect us are education and public awareness. We can our best in The Voice and in the Consumer Watchdog Facebook group but it depends on every one of us spreading the word to the people we care about who are less aware than we are. It's only as a community that we can beat scammers.

They're refusing my refund!

Kindly assist. Last year we registered a company through a consultancy. He assisted with everything we wanted. Now we wanted to make some amendments to our shareholding and we contacted the company and I met him at his office. I then explained that we wanted to remove other shareholders and he charged P850 for that which he demanded upfront payment which I paid in cash.

In our agreement to the service I gave him time frames which he did not meet and later he stopped taking my calls. I then went to his office to request for a refund he is now refusing to. The question is where to I report this guy to pay our money back?

This should be fairly simple, it's not a complicated situation.

However, as we all know, some companies like to take a simple situation and make it much more complicated than necessary. Rather than doing what they've been paid for, or offering a refund, they decide to make like difficult for you. And also for themselves.

I'll contact them for you and see if I can persuade to simplify this situation and give you your refund.

Meanwhile, in future, you know you don't need a consultant to form a company for you? Unless your needs are very complex, you can do it all yourself at the CIPA web site. It's a lot easier than you think.