//beconfused

I was searching through CASE (Consumer Association of Singapore) with Google and I found this little section where they tell you some CASE tales. One of which goes this way:

A consumer had been using a set of kitchenware from a direct sales company for several years, but then received a phone call from a lady, asking for permission to send personnel to her flat to check the kitchenware. She agreed, thinking that she was calling from the company. The ‘technician’ that came to her flat told her that the kitchenware was defective, and not safe for cooking food. She was ‘persuaded’ to purchase a new set of kitchenware (and paid S$1,000 as deposit), which she later found out, was from another direct sales company instead. She approached CASE for assistance and advice.

CASE wrote in on behalf of the consumer to the 2nd direct sales company, citing that it had violated the Consumer Protection (Fair Trading) Act, by making misleading/false claims, and by not informing her of the 3-day cooling-off period. The vendor eventually made a partial refund of S$800 to the consumer. (Source: CASE)

And this:

According to the consumer she received calls from a salesgirl who said that she wanted to ‘follow-up’ on the usage and condition of her old pots. The salesgirl used ‘free gift’ as a ‘bait’ to enter the consumer’s flat. She claimed that the old set could cause cancer and a trade-in for a new one would be better. She claimed her new set has been certified medically safe from cancer by doctors. The consumer after hearing this agreed to sign the contract and deposited $1,000 for a set costing $2,730. After CASE intervention, the consumer accepted the vendor’s offer of utensils worth $1,000 in lieu of cash refund. (Source: CASE)

Both sounds quite like my mother’s case. The salesgirl came to tell my mother that she is doing a survey and claimed that our pots are unhealthy and could cause a cancer. She made a trade-in deal exclusive to my mother. She then persuade my mother, without mention of a possible 3 day cooling period, to pay $200 deposit for a $3200. The sales person then says that she will help my mother settle the rest of the deposit, forking out $1200.

The Chinese lady wrote some sort of gibberish words to say my mother owes her $1200 on the receipt which she will collect on Tuesday. She was using hard selling tactics, and my mother just bought after they talked for 4 hours.

Under the Ministry of Trade and Industry Consumer protection FAQ:

8. Would consumers be able to cancel contracts under the Act?

MTI has gazetted regulations to allow for cancellation of time share and direct sales contracts within a 3-day cooling off period (excluding Sat, Sun and public holidays). The cooling off period is specifically targeted at situations where the consumer is subjected to high-pressure sale tactics. During the cooling-off period, consumers should review their purchasing decision and, if they decide to cancel the contract, give the trader notice of cancellation in the manner provided under the Regulations.

In the event that the consumer encounters an unfair practice in the course of a time share or direct sales transaction, he would still be able to commence action under the Act and seek civil remedies. He may also exercise any other rights of action he may have under any other law, for example, contract or tort law. This is irrespective of whether the 3-day cooling off period has lapsed. (Source: MTI, Singapore)

I’ll try to make a complaint in the pot company to try to sort things out if it fails on Monday, I’ll turn to CASE. Hopefully they’ll be able to do something about it. My mother’s very upset now and she couldn’t sleep well yesterday.

Right to cancel contract

4. (1) A regulated contract may not be enforced against the consumer at any time earlier than 3 days, excluding Saturdays, Sundays and public holidays, after:

• (a) the day on which the regulated contract is entered into; or
• (b) if the consumer information notice has not been brought to the attention of the
  consumer before or at the time when the regulated contract is entered into, the
  day on which the consumer information notice is subsequently brought to the
  attention of the consumer.

(2) Where a consumer has entered into a regulated contract, the consumer may give notice of cancellation of the contract in accordance with this regulation at any time within the cancellation period.

(3) If in a case falling within paragraph (1) (b), the consumer affirms the regulated contract at any time after the expiry of 3 days (excluding Saturdays, Sundays and public holidays) after the day on which the regulated contract was entered into:

• (a) these Regulations shall not prevent the contract from being enforced against the consumer; and
• (b) the consumer may not at any subsequent time give notice of cancellation under paragraph (2).

Source: CONSUMER PROTECTION (FAIR TRADING) ACT 2003 (ACT 27 OF 2003) CONSUMER PROTECTION (FAIR TRADING) (CANCELLATION OF CONTRACTS) REGULATIONS 2003 (PDF file)

The salesladies either did not answer our calls or did not switch on the phone an hour after the purchase. One of them told my mother that if any enquiries, my mother can just give her a call at anytime. Admittedly it’s a weekend but they made the deal at Saturday 6 PM anyway.

I believe she has gotten our phone number through Yellow Pages or other equivalent. My father’s name was listed in their customer records and Yellow Pages has our updated home phone numbers.

Never ever allow salespeople to come to your house, warn your parents, be always at the alert. Hard-selling tactics are common and my mother has a tendency to fall victim to it. Spread the word around.

I wonder if I should post the name of the salesladies and the company.

Tags: health, home, money, personal, rants, scam