Trilkop

Senior Member
Joined
Oct 8, 2015
Messages
525
So, no feedback from FNB yet. I lodged three different complaints: One through FNB Connect, put my private banker on their case and one Hello Peter complaint. I work as scientific advisory support at a law firm. Should they insist I'm guilty and hold me liable for that ludicrous payment, I will ask one of the lawyers who specialise in CPA cases to take over correspondence on my behalf. These procedural processes are a schlep, but I'm in it now and will not back down until they come to their senses.
FNB takes very long to reply to any correspondence. I usually wait around 4-7 days before hearing from them, sometimes even longer. If you do not phone them or go to a branch, FNB is worse than the government when it comes to correspondence. So, be cool. I am still sure they will replace it.
 

Trilkop

Senior Member
Joined
Oct 8, 2015
Messages
525
Lastly, whenever you enter into any agreement, even a long term rental agreement, lease or gym membership, remember Section 14 of the CPA act.

Any consumer can now cancel these agreements simply by giving a 20-day written or recorded notice. Once this is done, the agreement comes to an end and no longer can companies hold you responsible for the remainder of the agreement. (They can hold you liable for outstanding debt, but not for the remainder of the agreement)

Regulation 5(1)(a) specifies that if a consumer agrees to a fixed term contract over the regulated 24 month period, such a contract should only be entered into if it will be of a financial advantage to consumer. The supplier MUST demonstrate such an advantage to the consumer. (So, if you received a broken TV upon delivery, there is no financial benefit to you, which also brings an end to the agreement.)

You may want to read more about Section 14 here - https://www.golegal.co.za/the-consumer-protection-act-cpa-and-its-provisions-regarding-fixed-term-contracts/
 

Moto Guzzi

Senior Member
Joined
Apr 24, 2004
Messages
671
Hi mybroadband,

Like the subject, if you're thinking about ordering anything through FNB Connect (FNB Smart Devices) - think twice.

I ordered a Samsung 55" TV from them about a month ago. It arrived three days later than the date we had agreed up - meaning I ended up taking two days off of work to receive the TV (you have to have certain documents that any person can't just have to receive it in your place).

It arrived on a Friday afternoon at roughly 16:30. It took me and another person roughly half an hour to set up the TV and turn it on. Upon turning it on, there were black blotches on the right side of the screen. Upon closer inspection, we noticed a fine crack running from the top right frame toward the centre of the screen.

We promptly boxed it up again and I contacted FNB in two separate emails (explaining the situation). I couldn't get through to their call centre as it was already after hours (due to the courier arriving late).

Long story short - the TV stood here for another week until they came to pick it up. Then they took roughly a week to have it evaluated by a technician.

The technician said the TV has physical damage (duh) and I (as the client) am now liable for almost R 10 000.00 worth of a device I only switched on ONCE.

This despite having a witness and the paper trail of emails I sent. Above and beyond that, there are YouTube videos of the particular TV model (and size) I bought that come with broken screens in the box. Unlike FNB, the people in the video got their TV replaced by the retailer. Here's a link:

View attachment 676355

Does anyone have any advice? Or any idea how I can challenge this? Surely there must be some consumer protection mechanism I can trigger to keep them from forcing this on me?

Thanks in advance.
My experience recently, is if website beautifull looks good, but no stroe to walk in to touch what you buy, you have problems, I will never buy anything on the internet alone "availability of stocks" again, run arounds is the name of the game.

On 2nd thoughts is FNB not a bank-? After privitising state entities it was stressed the entity must outsourced all non core bussiness and stick to its core, what happenned to this here-?
 
Last edited:

Speedster

Executive Member
Joined
May 2, 2006
Messages
7,823
My experience recently, is if website beautifull looks good, but no stroe to walk in to touch what you buy, you have problems, I will never buy anything on the internet alone "availability of stocks" again, run arounds is the name of the game.

On 2nd thoughts is FNB not a bank-? After privitising state entities it was stressed the entity must outsourced all non core bussiness and stick to its core, what happenned to this here-?
Have you considered installing grammarly?
 

maumau

Honorary Master
Joined
Aug 13, 2009
Messages
13,607
My experience recently, is if website beautifull looks good, but no stroe to walk in to touch what you buy, you have problems, I will never buy anything on the internet alone "availability of stocks" again, run arounds is the name of the game.

On 2nd thoughts is FNB not a bank-? After privitising state entities it was stressed the entity must outsourced all non core bussiness and stick to its core, what happenned to this here-?
@mushroom is that you?
 

quovadis

Expert Member
Joined
Sep 10, 2004
Messages
3,066
Lastly, whenever you enter into any agreement, even a long term rental agreement, lease or gym membership, remember Section 14 of the CPA act.

Any consumer can now cancel these agreements simply by giving a 20-day written or recorded notice. Once this is done, the agreement comes to an end and no longer can companies hold you responsible for the remainder of the agreement. (They can hold you liable for outstanding debt, but not for the remainder of the agreement)

Regulation 5(1)(a) specifies that if a consumer agrees to a fixed term contract over the regulated 24 month period, such a contract should only be entered into if it will be of a financial advantage to consumer. The supplier MUST demonstrate such an advantage to the consumer. (So, if you received a broken TV upon delivery, there is no financial benefit to you, which also brings an end to the agreement.)

You may want to read more about Section 14 here - https://www.golegal.co.za/the-consumer-protection-act-cpa-and-its-provisions-regarding-fixed-term-contracts/
The CPA doesn't cover you if you negligently damage your own goods which is what is being alleged here. You're misinterpreting and quoting parts of the act which are irrelevant.
 

Puk

Well-Known Member
Joined
Jun 8, 2013
Messages
153
And now? I was hoping for a happy ending after reading all this.
An update. When FNB already debited 3 months of the monthly contract fee without me having anything in my possession, I decided I'd escalate the matter myself. I started talking with ABSA to take over some of my accounts, including the one FNB was debiting illegally (in my opinion).

I sought legal advice (not officially, I work with an office of attorneys) and they advised me to stick to my guns - FNB has no foot to stand on. FNB Connect was trying to intimidate me to continue the contract. The average consumer would perhaps just succumb to the pressure and either continue paying the contract fee or pay it off through early cancellation.

So, I figured if FNB Connect was trying to intimidate me in order to make money out of my misfortune, I'd turn on the heat. I wrote them (and my banker and every other FNB email I could find) a letter stating that I give them until the end of that particular week to sort out the mess and tell me what they want - a court case and a lost client (told them I've been negotiating with ABSA to take over all my accounts) or a broken TV they no doubt had insurance on. They have a case against the courier. He was three days late and drove around with the TV in his truck without any support. I am a witness. He even told me he drove past my home 3 times with the TV in the back. And this guy goes to Rustenburg from Joburg and back every day. It's entirely possible that he let it fall over (maybe more than once). I also posted the same complaint on Hellopeter DAILY. I tweeted them DAILY. I followed up my letter every day.

When one account was changed to ABSA already, I finally received a call from a very friendly FNB customer relations rep telling me that "management" had overturned FNB Connect's decision and that I was not liable for anything. They would cancel the contract and refund all the premiums I had paid. I got a written apology stating the same. So, good outcome, I thought. But I kept that one account with ABSA - it's better not to have your eggs in one basket.

It sounds silly to people when I tell them about this - I mean, why obsess over a TV? Truth is, consumers get screwed over like this on a DAILY basis. Most people just give up. This is how the sharks hunt these days. What FNB Connect did was obviously wrong. I would have been stupid to accept their "decision".
 

Chuckmyster

Honorary Master
Joined
Aug 2, 2016
Messages
13,682
pity to hear of OPs misfortune with FNB smart device.
over the years i have ordered ipad, mac air, sony smartphone and a samsung tv and everytime everything has been perfect
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
48,621
My experience recently, is if website beautifull looks good, but no stroe to walk in to touch what you buy, you have problems, I will never buy anything on the internet alone "availability of stocks" again, run arounds is the name of the game.

On 2nd thoughts is FNB not a bank-? After privitising state entities it was stressed the entity must outsourced all non core bussiness and stick to its core, what happenned to this here-?
Well, since FNB is and was not a state entity, we are all unsure what you are on about.
 

Puk

Well-Known Member
Joined
Jun 8, 2013
Messages
153
pity to hear of OPs misfortune with FNB smart device.
over the years i have ordered ipad, mac air, sony smartphone and a samsung tv and everytime everything has been perfect
Same... I ordered multiple devices from them in the past without any issues. I trusted them fully. And then this happened. I'm not sure if they cleaned up their act yet, but I personally will never order from them again.
 
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