That old debt could be prescribed – but don’t restart the clock
A debt collector calls about an account you haven't thought about in years. Before you admit it’s yours or pay a cent, Wendy Knowler explains what could happen to the clock on that debt – plus more Consumer Hacks.
Never say "yes, that's my debt"
A debt collector phones about an old account you'd forgotten. Before you say a word, work out when you last paid anything on it, or when you last admitted it was yours.
If that's more than three years ago, and nobody ever served you with a summons, the debt has probably prescribed. Credit cards, personal loans, clothing accounts, cellphone contracts - Section 126B of the National Credit Act makes it illegal to collect those debts, sell them or reactivate them.
But there’s a catch: The moment you acknowledge that debt, or pay even R50 towards it, the three-year clock starts again.
So say nothing, and ask them to prove when you last paid.
The aim of this legal protection is to encourage creditors to collect debt quickly, rather than let it accumulate interest and costs for years and then demand that bloated sum from the debtor.
Too small to fight is not a thing
When a company owes you a few hundred rand and stops replying, most people give up. That's what they are banking on.
A Cape Town doctor who lost R680 on an undelivered food order went to the National Consumer Commission and was told her amount was too small.
It isn't too small for the Consumer Goods and Services Ombud, which handles retail and services complaints, costs you nothing and can be reached at cgso.org.za.
For a bank or an insurer it's the National Financial Ombud, and for a car it's the Motor Industry Ombudsman.
So don't write the money off. Someone will take the complaint. In the missing food order case it was me, and the doctor got her money back.
The price on the shelf is the price you pay
Some shops add a fee when you pay by card, or refuse card payments under a certain amount, such as R50.
The National Consumer Commission is warning traders, spaza shops in particular, that both are unlawful. Section 23(6) of the Consumer Protection Act says a supplier may not require you to pay a price higher than the displayed price. And the merchant agreement retailers sign with the bank that supplies their card machine prohibits it too.
So if you're told "it's for the machine", say no. Pay the marked price by card, and report the shop to the National Consumer Commission if they won't have it.
You can also report it to the bank that issued the retailer that card machine – they can and often do threaten to remove their machine.
That “diagnostic fee” has to be flagged first
Kyle of KwaZulu-Natal handed in his drone for a quote. He heard nothing for over a week, then discovered it had already been shipped off to a third party for repair. When the invoice came and he said no thanks, he was told he owed them a diagnostic fee.
Nobody had mentioned a fee when he handed the drone over.
The Consumer Protection Act is clear. A repairer can't charge you for assessing your goods, or for a quote you turn down, unless they disclosed that fee before you handed over your possession and you agreed to it.
So ask what it will cost you if you say no, before you hand anything over. In writing.
Check the name on the ticket. Every letter
Brett from Durbanville watched his son be refused boarding at check-in because his surname had been left off his ticket.
The travel agency couldn't fix it there and then. Their only option was to buy a new ticket, which meant paying for four more legs at double the original cost. The replacement tickets came to R47 566,80. Three weeks later he got R23 304 back of the original R29 604, after the agency and the airline had each taken their cut.
The airline told him this happens all the time.
So the moment your electronic tickets are issued, open them and check every name against the passport, letter for letter. Not the day you fly when it’s too late for a free fix.
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