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The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.
Our legal advice and services are based on 40 years of experience in the professional legal field. As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.
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We were looking in an earlier blog of this week at section 55 and the implied warranty with particular emphasis on the sale of motor vehicles and disgruntled consumers who had recently bought a new or used vehicle from a motor car dealership and discovered defects or damage to its components shortly after the sale.
If this situation has happened to you; you have the protection of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; unless you caused the damage or defect to the vehicle yourself.
n our last two blogs we have been looking again at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly section 55 & 56 of that Act of Parliament.
As we now know; we, as consumers, have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.
The Consumer Protection Act No 68 of 2008 (CPA): Section 56 (2): Consumers rights and choices.
We were looking in our last blog at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 ( & 56) of that piece of legislation.
There is still a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.
It is all very well to talk about consumer’s rights and the protection afforded by the CPA; but how does one actually enforce ones consumer rights?
The answer to this question is contained in Chapter 3 of the CPA which deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.
Chapter 3 consists of Part A to Part D; and it covers sections 68 to 78 of the CPA
Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.
It consists of Part A to Part D and covers sections 68 to 78 of the CPA.
So how does the CPA protect a consumers rights?
As we saw on our last blog; that Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.
It consists of Part A to Part D; and it covers sections 68 to 78 of the CPA.
In our last blog, we looked at section 69.
Be very circumspect when dealing with collection agencies and that includes firms of attorneys that specialise in this area of the law.
Do not believe everything that you are told by a collection agent or attorney as they will look after their own interests and those of their client; before they give a thought to you and your interests.
Prescription of a Debt: What does it mean? Part 2:
Benjamin Franklin said: “Better to go to bed without dinner than to rise in debt.” However, debt is not something we can all avoid.
Prescription of a Debt: What does it mean? Part 1:
The Prescription Act; No 68 of 1969; provides in Chapter III for the extinction of debt by prescription.
What does this mean?
A debt is extinguished by prescription after the lapse of the period which applies in respect of that particular type of debt. This means that after that period the debt cannot be revived even under the provisions of the Act relating to the interruption of prescription by the acknowledgment of liability; unless that new acknowledgment amounts to a new undertaking altogether to pay; which novates the old prescribed debt and amounts to a completely new debt and cause of action.
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