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Filter: Consumer
Is the ‘indemnity’ still alive and well?

07 October 2016

Over the last few years I have read a number of articles that talk about the new Consumer Protection Act... and how it provides protection for me, the consumer. Yet, whenever I visit a shopping centre or sign an in-store agreement, I always wonder whether these disclaimers and indemnities are really enforceable, and if so, how has my position as a consumer, been improved by such legislation.

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251
Article
What to do when your new second-hand car turns out to be a ‘lemon’

11 August 2016

I bought a second-hand car from a dealership about three months ago. The last week I’ve noticed that the engine... sounds terrible. I asked a mechanic to have a look at it and according to him the engine is shot and needs a complete overhaul, which  will be very expensive. The dealer said nothing about the engine being in such bad shape. But it is a second-hand car, so I’m not sure if I can return it or have the dealer fix it properly?

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336
Article
Consumer complaints can no longer be ignored

16 July 2015

I recently bought ready-mix cement at a chain hardware store. I followed the instructions carefully in mixing the cement, but... when I started pouring it the consistency was clearly not right and it would not set. I went back to the hardware store to complain that the cement quality was unsatisfactory, but the store clerk said he couldn’t help me and that I must write a letter to the store with my complaint and attach photos, which I then did but have still not heard from them. Surely they are required to respond to a written complaint and cannot just ignore me?

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231
Article
Direct marketing: How POPI has redrawn the battle lines

11 September 2014

More and more consumers are becoming aware of the war being fought for their attention. The ammunition being used includes... e-mails, faxes, sms’s and other forms of electronic communication. The prize: The attention of the man on the street, your average consumer. Enter the Protection of Personal Information Act (POPI) which will redraw the battle lines of this war for consumer attention. POPI aims to (at least in part) ensure that whoever wins this war for attention, wins it fairly and legally. But how have these battle lines been redrawn and can your business still market directly through electronic means to consumers?

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254
Article
Skipped a credit instalment or two? Maybe you should check your post…

24 August 2014

Are you a party to a loan agreement or a credit account thinking that the contact details you insert are... a mere formality? You skip a payment or two every so often and circumvent the letters of demand or legal notices by ignoring the registered post sent to you? If so you may wish to reconsider your approach. With debt, ignorance is never bliss and the recent case of Kubyana v Standard Bank of South Africa Ltd (CC) bears witness thereto.

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225
Article
The danger of ignoring boilerplate clauses in contracts

24 August 2014

We’ve all seen the standard clauses at the end of a sale or rental agreement or included in the terms... and conditions of your gym membership contract. Headings like ‘jurisdiction’, ‘entire agreement, ‘arbitration’, ‘applicable law’, ‘amendments’, ‘domicilium’, ‘notices’, ‘counterparts’ and more abound and seem to contain extensive legalese in what is often seen as an attempt to bulk up what should be a straightforward agreement. But how important are these boilerplate clauses, and can I just view them as unnecessary contractual ‘bulk’?

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237
Article
The Consumer Protection Act and buying defective products: you have rights too!

24 August 2014

Andy recently purchased an electrical appliance from a retail store. He was told by the floor salesperson that the product... would be compatible with his new iPhone. Excited, Andy rushed home only to find that the appliance was not compatible with his iPhone. Reluctant to make a scene and still able to partially use the appliance, Andy continued using the item, only to find a few days later, that the appliance had completely ‘died’ and would no longer switch back on. Infuriated at both the salesperson who had convinced him to buy the product and the retailer for selling a product that broke so quickly, Andy wonders what his rights as a consumer are?

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247
Article
National Credit Amendment Bill: No more reckless lending

06 May 2014

Loopholes in the National Credit Act (“NCA”) have to date made it possible for credit providers to avoid certain provisions... which were intended to be mandatory. The National Credit Regulator conducted a policy review of the NCA in order to identify remedial actions for problems that have hampered the effectiveness of the NCA. As a result, the National Credit Amendment Bill has been drafted to seek, amongst other things, to curb reckless lending by creating a uniform affordability test for prospective lenders.

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308
Article

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