CPA question

[adamr]

Hi, does anyone know if the consumer protection act applies only to individuals laying a complaint against retailers ... or can an individual lodge a complaint against another individual or person acting in their own capacity and not representing any company?

say i bought a cell phone from an individual and the person told me it has a warranty and shown me some piece of paper saying it has a warranty and we sign an agreement stating this. Now it comes to light with Samsung this phone never had a warranty to begin with ...

can i CPA this persons ar3e?

 

[IzZzy]

Hi, does anyone know if the consumer protection act applies only to individuals laying a complaint against retailers ... or can an individual lodge a complaint against another individual or person acting in their own capacity and not representing any company?

say i bought a cell phone from an individual and the person told me it has a warranty and shown me some piece of paper saying it has a warranty and we sign an agreement stating this. Now it comes to light with Samsung this phone never had a warranty to begin with ...

can i CPA this persons ar3e?

You can. But it sounds more like fraud.

 

[Heisenborg]

Go to the police and open a case of fraud. The CPA is nothing more than 3 letters people throw around, its utterly useless in practise.

 

[adamr]

I did go to the police... I was questioned how this was fraud...

 

[Saba'a]

Unfortunately CPA interpreted as being applicable to busineses.

 

[CharlotVixen]

CPA is only applicable as a consumer customer having problems with a retail business, or an individual who's business is selling their product as retail.

 

[adamr]

Phoned the consumer they indicated is applicable to anyone... Be it business to business, business to individual or individual to individual

 

[IzZzy]

I did go to the police... I was questioned how this was fraud...

The people opening dockets are not the investigators and I wouldn't trust what they say at all. Their opinion is irrelevant. They must open the docket.

 

[xrapidx]

EDIT: Removed my posts, don't feel like another CPA debate on the useless act.

 

[Lawnchairman]

Do you have the sellers particulars?

 

[Joka69]

This could also be a small claims court issue if not fraud.

 

[adamr]

Do you have the sellers particulars?

Yes I do... All of it, home work, ID

 

[The_Ogre]

Did you go back to the seller about the warranty issue? Have you also checked whether the warranty is actually transferable before taking his word for it?

 

[Other Pineapple Smurf]

Take the guy to small claims court. Long process but easier to win your case.

 

[adamr]

It's been lodged and now I got an email to say is been escalated for assessment

 

[xrapidx]

What's been logged? Warranty or CPA?

 

[adamr]

Cpa

 

[xrapidx]

:wtf: curious to see if anything comes of it... They usually give you a reference number, and that's the last you hear.

 

[adamr]

Let's see... Shocked by the quick response

 

[MickZA]

Off topic but haven't I read that in some cases the cellphone provider (MTN, Voda etc) carries the warranty and not the manufacturers representative in SA?