Prescribed debt, online purchases and potato storage: Wendy Knowler's 'watch-outs of the week'

In this weekly segment of bite-sized chunks of useful information, consumer journalist Wendy Knowler summarises news you can use: 

Not all debts prescribe in three years

The Ombudsman for Banking Services (OBS) warned consumers earlier this year that some banks are hounding their clients to pay old prescribed debts despite it being illegal.

“The law which forbids creditors from collecting on prescribed debts — part of the National Credit Act — is well-known,” the OBS said.

“Its aim is to safeguard consumers against unfair and exploitive practices by creditors. But despite the legal requirements and the guaranteed protection they offer consumers, the OBS is still receiving, investigating and resolving complaints from bank customers relating to prescribed debts.”

Lani e-mailed me this week to say that she’d sold her property in 2008.

“I recall there may have been an amount towards the sale that was due by me, but I was unfortunately not able to pay it,” she told me. “I think the bank eventually took a judgment and that was that. Fast forward to 2022, I receive calls, e-mails and texts from attorneys who claim they are following up on money owed.

“I have not acknowledged their request for payment nor spoken to them on the phone.

“It’s been 13 years, surely this falls under the prescribed debt classification? Please advise whether I should continue to ignore them.”

My advice was to engage the attorneys and request a statement revealing exactly how the amount being demanded was arrived at.

Here’s why: not all debt prescribes in three years. A 30-year prescription period applies to mortgage bonds (home loans), any judgment debt and debt in respect of taxation imposed or levied by any other law, including municipal rates, traffic fines and TV licences.

'100% purchase protection' — from whom?

Barry Smith is one of a long string of consumers who’ve e-mailed me to say they’d placed an order with online retailer Manicaa South Africa and received neither the goods nor a refund.

The company’s site advertises everything from household goods and automotive products to DIY products, computers and electronics.

Smith e-mailed me last week to say he’d sent several e-mails and tried to phone Manicaa a few times about his missing order, with no luck. He’s since received an e-mail informing him the company is “currently experiencing delay in shipment” and his order was “expected” to be delivered in the first week of January.

But in October Manicaa told him: “We have been notified of a shipment that has been delayed at our UK warehouse. Regrettably your order has been part of that shipment. Your new expected date of delivery will be in the week beginning of November.”

Last week the Advertising Regulatory Board’s (ARB) directorate considered complaints by two consumers — Henry Meier and Wade Bartlett — against Manicaa. Both said the Manicaa site was a hoax or scam, as it deliberately misleads consumers, taking their money but not delivering orders and needs to be closed down.

The ARB gave Manicaa an opportunity to respond to the complaint but it submitted no response.

The directorate said it could not adjudicate on the legitimacy of a registered company, but found the adverts, based on the complaints, to be misleading, along with Manicaa’s promise of “100% purchase protection”.

The ruling is unlikely to have any effect on the operation — except to act as another warning to do online research before making a purchase.

Don’t store your potatoes in the fridge

A well-meaning packer at my local supermarket took a look at the few potatoes I’d bought and told me that for a few rand more I could have bought the 1.5kg pack which was being sold at a reduced price.

“Just keep the potatoes in the fridge to keep them fresh,” she said.

That’s not a good idea, according to the UK’s Foods Standards Agency (FSA).

“The most important food not to keep in the fridge are potatoes,” the FSA warns.

“When stored in the fridge, the starch in the potato is converted to sugar. When baked or fried, these sugars combine with the amino acid asparagine and produce the chemical acrylamide, which is thought to be harmful.”

• GET IN TOUCH: You can contact Wendy Knowler for advice with your consumer issues via e-mail: consumer@knowler.co.za or on Twitter: @wendyknowler.

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