THE FACTS
Ofentse Nkoe from Vanderbijlpark, south of Joburg is a student at Unisa. In February, he filled in gym membership forms with Gymbees. He said the agent who helped him, he could sign the forms and they won’t charge him until until he activated the membership by going to the gym. He would also need to bring a signed copy of the forms.
But Ofentse never submitted the forms or went to the gym, and his account was already being debited for the gym fees. He decided to reverse the transaction. Now the accounts department of the gym want him to come and pay the fees.
He told them he never activated his account. He said that had he known and understood what he was signing he wouldn’t have signed. He was only made aware of the agreement when he was contacted by the accounts departments. They have now threatened to take legal action against him for non-payment. He wants to know what he could do.
WHAT I DID
Ofentse’s case was sent to SCORPION LEGAL PROTECTION for analysis and professional legal advice.
SOLUTION
SCORPION'S attorney advised that Ofentse will have to approach the National Consumer Commission and ask that the agreement be set aside as null and void. He should explain that the gym’s salesman misrepresented the facts in selling him the gym contract.
The Consumer Protection Act stipulates that a supplier may not market products or services, either by word or conduct, which is likely to mislead a consumer. If the commission doesn’t find in his favour, then he can approach a consumer court to have the agreement set aside and ask to be refunded for any damages or expenses already incurred.
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