Comments for Michalsons http://www.michalsons.co.za Leading legal insight Thu, 26 Jan 2012 14:39:46 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Returns under the Consumer Protection Act by Nicholas Hall http://www.michalsons.co.za/returns-under-the-consumer-protection-act/9191/comment-page-1#comment-775 Nicholas Hall Thu, 26 Jan 2012 14:39:46 +0000 http://www.michalsons.co.za/?p=9191#comment-775 Hi Will, Returns isn't really the issue you are dealing with here, since you never really "received" the gift. However s65 regulates "deposits" and "prepayments". Under this section the deposit you paid is still your "property" so they have to give you the cash back, they cannot force you to take a voucher. If they refuse, lay a complaint with the NCC. kind regards Nicholas Hi Will,

Returns isn’t really the issue you are dealing with here, since you never really “received” the gift. However s65 regulates “deposits” and “prepayments”. Under this section the deposit you paid is still your “property” so they have to give you the cash back, they cannot force you to take a voucher. If they refuse, lay a complaint with the NCC.

kind regards

Nicholas

]]> Comment on Returns under the Consumer Protection Act by Will-I-Am http://www.michalsons.co.za/returns-under-the-consumer-protection-act/9191/comment-page-1#comment-774 Will-I-Am Wed, 25 Jan 2012 08:27:11 +0000 http://www.michalsons.co.za/?p=9191#comment-774 Hi Nicholas, I would like some advice, your assistance would be greatly appreciated. My girlfriend purchased a gift (for hair and make-up) for a friends wedding, the wedding was subsequently called off. My girlfriend paid for 50% the gift upfront in June 2011 and cancelled it in October 2011, the wedding was only going to take place this year (March 2012), it's not like there wasn't adequate notice. The business has since told my girlfriend that she is not entitled to a refund and is forced to take a voucher. Hi Nicholas,

I would like some advice, your assistance would be greatly appreciated.

My girlfriend purchased a gift (for hair and make-up) for a friends wedding, the wedding was subsequently called off.
My girlfriend paid for 50% the gift upfront in June 2011 and cancelled it in October 2011, the wedding was only going to take place this year (March 2012), it’s not like there wasn’t adequate notice.
The business has since told my girlfriend that she is not entitled to a refund and is forced to take a voucher.

]]> Comment on The Consumer Protection Act – a heads up by Nicholas Hall http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-764 Nicholas Hall Mon, 09 Jan 2012 11:12:10 +0000 http://www.michalsons.com/?p=1382#comment-764 Hi Tommy, Can I ask you to please drop me a mail at nicholas at michalsons dot co dot za ? Nick Hi Tommy,

Can I ask you to please drop me a mail at nicholas at michalsons dot co dot za ?

Nick

]]> Comment on The Consumer Protection Act – a heads up by DBS http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-758 DBS Wed, 28 Dec 2011 16:16:01 +0000 http://www.michalsons.com/?p=1382#comment-758 Good day Nicholas. I am not sure if I am on the right track and if we must get a lawyer to assist. Our Company has sold a second hand notebook about 3 months ago to a customer. The notebook was in good working condition. After the customer bought a 3rd party program and wanted to install it on the notebook, it asked for service pack to be installed. They can not get it installed and now says it is something wrong with the notebook and want to take us to the cunsumer commision. The question is - are we liable for software from microsoft that does not want to load? Does the manufacturer conditions apply to the customer or our company? Thank you in advance Tommy Good day Nicholas. I am not sure if I am on the right track and if we must get a lawyer to assist. Our Company has sold a second hand notebook about 3 months ago to a customer. The notebook was in good working condition. After the customer bought a 3rd party program and wanted to install it on the notebook, it asked for service pack to be installed. They can not get it installed and now says it is something wrong with the notebook and want to take us to the cunsumer commision. The question is – are we liable for software from microsoft that does not want to load? Does the manufacturer conditions apply to the customer or our company?

Thank you in advance

Tommy

]]> Comment on The Consumer Protection Act – a heads up by Shakera24 http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-747 Shakera24 Thu, 22 Dec 2011 11:47:25 +0000 http://www.michalsons.com/?p=1382#comment-747 I purchased a second hand BMW from a BMW dealer in August 2011. I asked the right questions like does the vehicle have any damage or has it been involved in an accident, has it had any repairs and so forth. The salesman told me NO. So I proceeded to purchase the vehicle. I have had problems with the vehicle twice and when I took it to a another BMW dealership for repairs they tell me I have to pay for the repairs as it is not covered under the motor plan as the vehicle has been tampered with and the roof has been resprayed. When I called the BMW dealership saleman I bought the vehicle from he said that the other BMW dealer is wrong and he picked up my car from the other dealer and had it repaired. How do I go about addressing this situation? How am I covered under the comsumer protection act? What do I need to do to return this defective vehicle to BMW and get my money back? Please help me understand what steps I should take to get BMW to take back this vehicle and give me my money back or supply me with a vehicle that was not involved in any accidents or had any prior repairs done to it? Thank you I purchased a second hand BMW from a BMW dealer in August 2011. I asked the right questions like does the vehicle have any damage or has it been involved in an accident, has it had any repairs and so forth. The salesman told me NO. So I proceeded to purchase the vehicle. I have had problems with the vehicle twice and when I took it to a another BMW dealership for repairs they tell me I have to pay for the repairs as it is not covered under the motor plan as the vehicle has been tampered with and the roof has been resprayed. When I called the BMW dealership saleman I bought the vehicle from he said that the other BMW dealer is wrong and he picked up my car from the other dealer and had it repaired.
How do I go about addressing this situation? How am I covered under the comsumer protection act? What do I need to do to return this defective vehicle to BMW and get my money back? Please help me understand what steps I should take to get BMW to take back this vehicle and give me my money back or supply me with a vehicle that was not involved in any accidents or had any prior repairs done to it?

Thank you

]]> Comment on The Law vs the Scourge of Spam by Spammers still a law unto themselves : Marklives!com http://www.michalsons.co.za/the-law-vs-the-scourge-of-spam/1019/comment-page-1#comment-718 Spammers still a law unto themselves : Marklives!com Mon, 05 Dec 2011 12:02:25 +0000 http://www.michalsons.com/?p=1019#comment-718 [...] there drifting around in databases ready to be sold and resold, in spite of the ECT Act. Here is a paper by Lance Michalson shredding any real hope that the act can protect consumers. This ‘first [...] [...] there drifting around in databases ready to be sold and resold, in spite of the ECT Act. Here is a paper by Lance Michalson shredding any real hope that the act can protect consumers. This ‘first [...]

]]> Comment on CPA enforcement guidelines by Hellbent http://www.michalsons.co.za/cpa-enforcement-guidelines/9222/comment-page-1#comment-696 Hellbent Sun, 13 Nov 2011 14:20:35 +0000 http://www.michalsons.co.za/?p=9222#comment-696 I my opinion, unless you have plenty of money to afford lawyer fees, the CPA is a toothless dog that cannot benefit you as a normal man on the street. The waiting list at the complaints commission is 12 months at the moment, so that is a dead end. I my opinion, unless you have plenty of money to afford lawyer fees, the CPA is a toothless dog that cannot benefit you as a normal man on the street. The waiting list at the complaints commission is 12 months at the moment, so that is a dead end.

]]> Comment on The Consumer Protection Act – a heads up by Nicholas Hall http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-690 Nicholas Hall Wed, 26 Oct 2011 12:24:13 +0000 http://www.michalsons.com/?p=1382#comment-690 Hi Vicky, Whilst I think you will be able to get your deposit back, I do not think that you will be able to get the original company to pay you the difference. Hi Vicky,

Whilst I think you will be able to get your deposit back, I do not think that you will be able to get the original company to pay you the difference.

]]> Comment on The Consumer Protection Act – a heads up by Vicky http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-683 Vicky Sat, 22 Oct 2011 08:49:16 +0000 http://www.michalsons.com/?p=1382#comment-683 In April 2011 I got quotes from various removal companies, accepted the lowest and paid the required deposit. Less than 48 hours before the agreed date to pick up my furniture, the company phoned and informed me that their truck had broken down and they could not fulfil their obligation to me. I had to find another company on very short notice and had to pay them immediately in full to ensure my furniture gets picked up. Can I hold the original company reliable under the CPA for the difference in cost I had incurred as a direct result of their breach of contract? Thank you. :-) In April 2011 I got quotes from various removal companies, accepted the lowest and paid the required deposit. Less than 48 hours before the agreed date to pick up my furniture, the company phoned and informed me that their truck had broken down and they could not fulfil their obligation to me. I had to find another company on very short notice and had to pay them immediately in full to ensure my furniture gets picked up. Can I hold the original company reliable under the CPA for the difference in cost I had incurred as a direct result of their breach of contract?
Thank you. :-)

]]> Comment on Returns under the Consumer Protection Act by Nicholas Hall http://www.michalsons.co.za/returns-under-the-consumer-protection-act/9191/comment-page-1#comment-678 Nicholas Hall Fri, 14 Oct 2011 08:22:42 +0000 http://www.michalsons.co.za/?p=9191#comment-678 Hi Letfelman, It sounds like you could use s55 and s56 to return the phone. If Markhams still doesn't want to replace it, you will need to lay a complaint with the NCC Hi Letfelman,

It sounds like you could use s55 and s56 to return the phone. If Markhams still doesn’t want to replace it, you will need to lay a complaint with the NCC

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