PEARL DENIES BUYING JEWELLERY!

THE FACTS

In January 2017, Pearl Nkhwashu received an SMS with a link attached.
She was shocked when she opened the link to discover that a jewellery chain store was claiming she owed them R9 500!
Ms Nkhwashu immediately called the chain store to inform them she had nothing to do with the account and was a victim of fraud.
The chain store told her the account had been opened earlier that month in Cape Town. She was advised to email an affidavit and a discreet form to their head office so they could start an investigation. She did as she was advised, but then heard nothing more from them.

AZIKHIPHI – THAT’S NOT ON!

Scorpion Legal Protection advised Ms Nkhwashu that, in cases where an account is fraudulently opened, each party to the dispute has to prove its own case. 
Once the chain store had finished its investigation, it should be clear whether or not Ms Nkhwashu had any knowledge of the account.
If she didn’t, the account would be closed and Ms Nkhwashu provided with a letter confirming this.
If the chain store insists the client had knowledge of the account, it would have to prove it by providing her with a copy of the application form with her signature on it.

STRIKE BACK LEGALLY

We contacted the head office of the chain store and it was confirmed they had received the client’s documents and started an investigation. Scorpion Legal Protection was told the investigation should take between four and six weeks.
We were unhappy with the pace of the investigation and followed up to put pressure on them to complete it. 
They came back to us and advised that the account was indeed fraudulent and sent a letter confirming this. 
This case was successfully resolved with Scorpion Legal Protection’s intervention. 

SCORPION’S CONSUMER TIP

Ms Nkhwashu followed the correct process to protect herself from fraud. When she received the SMS, she did not ignore it but took action. She was proactive about contacting the chain store to find out about the account. She also correctly followed the process by sending an affidavit to the chain store and sending it to them for investigation.