This is where you can read and post comments, suggestions, and queries
via e-mail. Please use the following address: mif@maltanet.net
While every attempt will be made to respond to as many messages as possible,
we cannot guarantee that we can reply to ALL. However, on the basis of the
fact that this is an "Interact" section, it is hoped that browsers
will interact with each other with a view to sharing information.
In this website, unlike the Sunday Times Customer Service Column, we will
only deal with queries / issues of general interest, not queries about personal cases / complaints
naming suppliers / traders. The main
objective of this section is to encourage browsers / consumers to interact
with other browsers / consumers - helping each other by sharing experiences
and information of general interest. I must stress that this can only be done
as long as browsers / consumers focus on relevant consumer related issues
without naming specific companies, suppliers, and traders. It is not fair
to publicly name specific companies, suppliers, and traders without first
giving them an opportunity to give us their side of whatever issue is written
about. In the Sunday Times Customer Service Column we only name companies,
suppliers, and traders after having given them more than a fair opportunity
to give us their side of the case. It is not fair to expect us to comment
on suppliers / consumers transactions only on the basis of the consumers'
comments / point of view without having heard the suppliers' / traders' comments
/ point of view.
Despite the above, we are still receiving too many messages sent to this
website regarding personal complaints involving companies, traders, and suppliers.
Therefore such letters will be ignored. I must repeat, "It is not fair
to comment on any transaction between a consumer and a trader without having
listened to both parties' points of view". Regarding personal complaints
there are avenues as explained in the answer to question 1 of our Consumer FAQ.
Adrian V. Muscat Inglott
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From
: I appreciate that thanks to your efforts, consumers are now more aware of their rights. We have certainly witnessed a massive improvement on how consumers are treated when problems arise. Today, retailers are fully aware that everyone expects a fair deal by right and attitudes in this regard have changed. May I please now take the opportunity to ask about an anomaly I came across very recently. Yesterday, I bought a bottle of tooth polish from a shop that sells detergents. I chose this particular brand because it was a Special Offer (or so it said on the packaging box!) that was priced at 99p. I realised that at the cash counter, I was charged Lm1.15 for it. I pointed this out to the boy at the till who said that the polish cost Lm1.15 and that is what he charged me. I explained that 99p in no way translates to that amount. He replied that special offers in UK do not always apply to Malta and this was such a case. But, I ask, why not change the packaging then. Why promise a discount that does not exist? I have no idea who the distributor for this product is, I would have contacted the distributors directly had I known, but I kept the packaging and the chit wherein I was charged more for the product I bought. Do you think I was charged fairly? And does pricing on objects that come from the EU vary as much to our detriment! Thank you for your kind attention, Marlene Caruana |
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From
: Keeping with the issue of Guarantees, how does this effect residents in Government apartment blocks supplied with lifts by the Housing Authority? While the residents do not actually pay for the lift, they are made to pay for labour, maintenance, and repairs even during the first two years from installation. The companies that install the lifts get paid by the Housing Authority. Therefore, are these companies legally correct to demand payment for labour, maintenance, and repairs during the first two years when the lift (in my opinion) is covered by the Legal Guarantee? I hope you can throw some light on this matter as I know that there are many people in this situation. Thank you. Sincerely, Manwel Debattista |
In this specific context, anything related to guarantees is only applicable between the seller and the buyer (i.e. the Housing Authority). Indeed, as you aptly wrote, the residents do not actually pay for the lift.
The answer to your question is, "In accordance with the Legal Guarantee, which is valid for two years, the company or companies that sold the lift to the Housing Authority cannot demand payment from the Housing Authority for guarantee related repairs during the first two years that the lift is covered by the Legal Guarantee?"
As far as the residents/tenants are concerned, they have nothing whatsoever to do with the seller of the lifts. The residents' transaction is with the Housing Authority. Therefore, in this context, the Housing Authority is entitled to determine its terms and conditions applicable to its customers - i.e. the residents/tenants.
Adrian V. Muscat Inglott
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From
: I have just received one of the now popular advertisement magazines. One of the advertisers is offering appliances some of which are sold at a cheaper price for a reduced commercial guarantee. For example an appliance is sold for Lm40 with a six months guarantee or Lm45 with a one year guarantee. On the other hand I am conscious that the legal guarantee is valid for two years, as long as the appliance is correctly used and the damages do not result from normal wear and tear. In the light of
this, should one opt for the cheaper appliance? and I would appreciate a clarification. Thanks and regards. Owen Darmanin |
There are two types of guarantees namely the Legal Guarantee and the Commercial Guarantee. (Maltese Laws Chapter 378 Consumer Affairs Act Articles 56 - 93) In a trader-consumer transaction (i.e. an item sold by a trader to a consumer) the consumer is automatically entitled to the Legal Guarantee, which is valid for two years. The Legal Guarantee cannot be given up or taken away. If that is not clear enough, "a consumer cannot renounce the Legal Guarantee".
On the other hand, the
Commercial Guarantee is not obligatory. The options you referred to, namely,
"An appliance is sold for Lm40 accompanied with a 6 Months guarantee
or Lm45 if accompanied with 1 Year guarantee" can only apply to Commercial
Guarantees and they are not illegal. The concept of Commercial Guarantees
constitutes an opportunity for traders to maximise on the liberalised marketplace
whereby they can offer something better than other traders operating in the
same marketplace.
Therefore, irrespective of whether one opts for the Lm40 option with a six
months guarantee or the Lm45 option with a one year guarantee, the Legal Guarantee
would still hold for two years, "No matter what!!"
Finally I must yet again stress that, if a trader wants to offer another guarantee,
he can only offer it over and above the Legal Guarantee and not "instead
of" the Legal Guarantee.
Adrian V. Muscat Inglott
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From
: Thank you for your relentless efforts at trying to teach your readers that the power is in our hands to change things if we do not like them. However, I have to admit that the legislative framework is not helping enough. For example, I read about a customer who is entitled to compensation which is being denied by the offender. The offender should have a time limit to deliver and a penalty if he defaults. The Tribunal should not be satisfied with passing judgement but with the execution of the decision. The whole purpose of the Consumer Claims Tribunal is to keep us out of the Courts. What empowers the consumer is the knowledge that the Law will step in if there is default, but this has to be coupled with action. I frequently browse your website in the hope of getting advice from you and your readers. I wish we would learn to exchange Good News. Highlighting a bad deal is an eye opener, but could we also bring good things to each others' notice? For example, I had remarked that some import agents of foreign products, such as Ice Cream, were still selling them expensively, I am happy to say that some supermarkets are now supplying alternative Italian ice cream at much lower prices. Now, I live in Sliema and it is up to all of us to look for what is value for money. I can also say that some restaurants have indeed lowered the price of their wines but not all and not enough. This is where our power lies. There is no reason for some of the prices we see on a menu. I have enjoyed a delicious German wine at a restaurant in Valletta for the price of a local bottle elsewhere and I will not hesitate to return for the German wine. Now if we could exchange such information to help those businesses that are serving us well, wouldn't that be deserving? They could be encouraged to advertise on your website as a result of this and we would all be happy. I took note of your few advertisers and I will be happy to give them my business rather than going elsewhere. I think you should try to encourage readers to look at your site. In my opinion, the State should sponsor some advertising in this respect; it is after all, information we are entitled to and our taxes would be well used. My thanks go also to your son who assists you. Best regards, Cynthia |
Yes I agree "that the legislative framework is not helping enough". I also accept the validity of Mrs. Busuttil's comments regarding the consumer's right to compensation which is being denied by the offender. In this context, through the Sunday Times Customer Service Column, I often refer to consumers who referred their cases to the Consumer Claims Tribunal wherein a decision was made in their favour and the respective traders simply refuse to honour the Arbiter's decision. In such cases I invite the respective consumers to send me the details of their cases. On my part, I contact the respective traders and I ask them to honour the Consumer Claims Tribunal Arbiter's decision. Generally they co-operate. However, if they do not co-operate, I feature the respective case in the Sunday Times Customer Service Column. Indeed I have a list of such cases which from time to time I feature in the Customer Service Column.
Adrian V. Muscat Inglott
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From
: Subject
: I have recently discovered that my mobile phone, which I had purchased almost 2 years ago was not in fact new; it was serviced and sold as new! Of course, since I had purchased this mobile phone so long ago, I didn't bother referring this issue to the retail outlet from which I bought this product, however I feel somewhat cheated at having been sold a second hand product as if it were new. I discovered this detail by chance when my mobile phone required some repairs and I took it to another shop for a service. My question is, do I still have a right to complain about this issue, even though 2 years have passed from date of purchase? Thanks and regards, Trevor Naudi |
However there is nothing to stop you from complaining anyhow.
Adrian V. Muscat Inglott
The following text is a General message:
At this point I would like to take the opportunity to point out that we are receiving too many messages of complaint naming the outlet in question (which, in the above case, I deleted).
May I take the opportunity to remind browsers who send me E mails about personal complaints naming outlets, suppliers, etc. that, it is clearly explained in this website's "Introductory message" and in this "Interact Section" as follows:
I made it clear from the start and I keep re-iterating that this is not an extension of the Sunday Times Customer Service Column. Moreover it is definitely not about personal complaints. We have enough avenues where consumers can have personal complaints dealt with. However, despite our clear repeated messages explaining that this is not an extension of the Sunday Times Customer Service Column, we still receive a high number of letters of complaint sent by e mail naming the outlets in question. Therefore, in the prevailing scenario, we have no other option but to ignore such personal complaints.
Complaint letters can be sent by ordinary postal mail to:- The Customer Service Column, The Sunday Times, P.O. Box 328, Valletta, P.O. Box 328, Valletta CMR 01 in accordance with the terms and conditions published in bold print in the Sunday Times, Customer Service Column. This website's interact section is about consumer issues of general interest without focusing on and/or naming suppliers and traders.
Adrian V. Muscat Inglott
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From
: Subject
: Dear Mr Muscat Inglott, Hope this email finds you well and may I start by congratulating you on the priceless service you offer consumers in Malta. I have a general query - although it stems from a personal experience, I think it might be worth discussing in a generic context - regarding motor vehicle insurance policies. When providing spare parts for clients' cars, it has become "acceptable" (at least to the insurance companies) to only provide new, original factory parts if the car in question is less than 5 years old. If a car is older than 5 years then the insurance company will only provide second hand original parts or, even worse, "imitation" parts - or as they so nicely call them, "non-original" parts. These are basically parts of a far inferior quality when compared to the original factory parts - both aesthetically as well as in build quality. I can possibly come to understand why, after a number of years, they will only replace parts using second hand original parts as the damaged parts are probably no longer in "as new" condition. However, I cannot for the life of me comprehend the reasoning behind imitation parts. I have recently been through this with my insurance company - I will not mention any names unless you ask, as I told you I think this issue deserves a more generic approach - and, when I complained about the imitation parts (my argument being that the parts on my car may have been old, but they were original parts) I was told that "the parts were original in 1998 or 1999"! Presumably, after a number of years, perfectly good original factory parts somehow spontaneously mutate into inferior quality imitation parts without warning. I'm not sure if all insurance companies have adopted this policy but I have spoken to other people insured with other companies and they've all had the same experience. I hope the above is of interest to you and look forward to a reply (if possible) telling me if I'm justified in my opinion. Best regards, Ian Buhagiar |
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From
: Subject
: Dear Mr. Muscat Inglott, I recently was shopping from a warehouse sale, with some genuinely reduced prices. On my way in I noticed a sign on the wall saying that items bought at the warehouse sale are not returnable or exchangeable. I may agree that anybody buying from there was forewarned, to speak so. However, I would like to ask you if it is legal for any vendor to make such statements and whether that notice does actually, in the eye of the law, deprive the consumers of any rights. It's certainly good for us to know such information. Thanks for your priceless work!
Kristian Zammit |
When a consumer buys at a discount, he does not automatically lose his rights under the CAA. The law does not say (and should not say) that just because the seller reduces the price, then the consumer has no rights in the event that the item acquired results to be defective or of no use. As I understand it, the law does not allow these exclusions. However, the reduction in price would be a significant matter that a court would keep in mind in establishing whether it should give a remedy and which remedy.
Article 73 of the CAA requires the court to examine all the features of the agreement, and price in a sale is of course of the utmost importance. In any given case, the full implications of this article should be closely examined.
As an aside, unfortunately, I have seen similar disclaimers in shops selling brand new goods, such as this one I saw recently in a Mosta shop, "Goods sold are not returnable. Thanks".
These only serve to create only more confusion in the minds of consumers. The law overrides such statements.
Dr. David Fabri
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From
: Mrs. Cynthia Busuttil Subject
: Greedy Suppliers Dear Mr Muscat Inglott, I agree entirely that we are not using our power as organised
consumers. We like to be
very comfortable. So if,
for example, my supermarket insists on supplying only an expensive brand
of Italian ice cream and we continue to support them rather than seeking
the same quality for a lower price, then we stand no chance of ever
making an impact on prices. When
the levy was removed from products imported from the EU, we (consumers)
were spoilt for excellent brands which became much cheaper and within
reach of everyone's pocket. However not all EU products, such as Italian ice cream, biscuits,
cheeses were reduced. On
the other hand, we must not assume that something foreign is necessarily
good, such as some of the foreign wines that have reached our stores. Some agents are importing the cheapest
plonk and trying to sell it as good wine merely on the basis of a foreign
label. I am glad to contribute to your website and hope to do so more often. Regards. Mrs. Cynthia Busuttil |
Indeed this is a very interesting subject/issue well worth discussing in
our website. While thanking Mrs.
Busuttil for her message, I invite suppliers/traders as well as other consumers/browsers
to participate in a meaningful discussion of this issue raised by Mrs. Busuttil.
Adrian V. Muscat Inglott
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From : Josianne Grech Subject : Still Verbal Agreements Dear Sir, Could
you please feature this general query in your interactive section in
the website. Thanks. Thank you, Josianne Grech |
This is the second query regarding Verbal Agreements this week. I must
yet again stress that, from a legal point of view, verbal agreements are not
valid and, in such cases, it is a question of one's word against the other.
Adrian V. Muscat Inglott
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From : Charmaine Corser Navarro Subject : Verbal Agreements Dear
Sir, Charmaine Corser Navarro |
Verbal Agreements are valid if the respective parties involved can trust each other. From a legal point of view, verbal agreements are not valid.
Once an item has been purchased and paid for, the supplier cannot increase his/her price. In any case, a consumer can refer his/her case to the Consumer Claims Tribunal.
Adrian V. Muscat Inglott
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From : Simon Tabone Subject : Consumer Claims Tribunal Decision Sir, I
won a case in the Consumer Claims Tribunal. When I phoned the trader
in question, I was told that, as soon as I collected what the tribunal
has awarded me, they will open a court case against me. Thank you. Simon Tabone |
Mr.
Tabone,
If you have won your case in the Consumer Claims Tribunal, which I presume
was your objective, why shouldn't you abide by the Consumer Claims Tribunal
decision?
Quite frankly I find your reluctance to take what you have just obtained as
a result of having referred your case to the Consumer Claims Tribunal just
because, as you wrote, "they will open a court case against me",
non-sensical.
In any case anybody can take any body to court. However it is up to whoever
(i.e. Judge, Magistrate, or Arbiter) to decide the outcome. I assume that
you referred your case to the Consumer Claims Tribunal because you have courage
in your convictions. Indeed the Consumer Claims Tribunal decision is completely
above board and in accordance with legal procedure.
Adrian V. Muscat Inglott
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From : Charles Vella Subject : Satellite Dish Tax Refunds Dear
Mr. Muscat Inglott, Can you please explain what the situation is regarding the refunds of Satellite Dish Tax payments made beyond May 1? Thank you, Charles
Vella |
Consumers who made payments which cover
the period beyond May 1, 2004 are entitled to be refunded such payments.
Basically, consumers who made such payments are entitled to be refunded
accordingly.
Adrian V. Muscat Inglott
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In view of our attempts to resume our campaign to regulate / regularalise the local Real Estate Industry, we are hereby featuring recent articles carried in the Sunday Times Customer Service Column. In due course, depending on your response, we will dedicate a special section in this website which will include more articles featured in the Sunday Times Customer Service Column on the issue:- Regulating
the Real Estate Industry
(Sunday Times September 19, 2004) For the sake of continuity, so far, we had referred to the REI in three columns namely June 6, 13, and July 4. For your information, in due course we will also dedicate a section vis à vis the REI campaign in our website (www.muscatinglott.net). However prior to setting up the section dedicated to the REI campaign we will upload the three referred to articles on the REI in the interact section in our website. Comments and suggestions are welcome. I sincerely hope that I will be receiving as many letters on the REI as I received regarding the SDT campaign. Please also note that, unlike letters of complaint which are subject to our column terms and conditions and will not be accepted via E mail, letters regarding the REI campaign will be accepted via e mail to muscatinglott@maltanet.net
Regularising
the Real Estate Insustry
(Sunday Times June 6, 2004) Since then we have witnessed a consistent, dynamic, and significant growth in the real estate industry. Property has been billed as the most reliable opportunity most likely to guarantee a sound return on investment. Our awareness of this is confirmed by the way we pass properties from one generation to another. Those who were wise enough to purchase property in the seventies and eighties saw the value of their property increasing. As a result of remarkable capital appreciation, both local and foreign investors experienced interesting rental returns and healthy profits upon the sale of their property. Our Mediterranean climate, hospitality, history, cultural wealth, and the sea attract visitors from all over Europe. By the same token Malta is considered to be a good place for retirement. Now that Malta is in the European Union, we must maximise on these factors. It's all well and good counting our blessings but we all have a part to play. Various stakeholders namely architects, civil engineers, notaries, lawyers, accountants, auditors, developers, successive governments, MEPA, the BICC and, last but not least, real estate agents have contributed over the years to the success story of the real estate industry. However, the health of the industry and its pace of growth were not complemented by a coordinated and integrated effort towards regularisation. "Why not?!" After all we have the resources. The University of Malta has expanded and matured over the years. It has produced the human resources necessary not only to create a climate of professionalism but also to meet the demands that arise with a fast and aggressive pace of growth. The question here arises: Why do we have to regularise the real estate industry? First and foremost, the key objective should be to set standards of professional practice, to ensure that practitioners are educated and trained to these standards and, most importantly, to ensure compliance via the enforcement of the standards, thereby safeguarding the interests of consumers receiving a service. I appeal to the respective body, authority, organisation, or ministry which is in a position to get the ball rolling on the regularisation of the property / estate industry to get things moving.
Regularising
the Real Estate Industry
(Sunday Times June 13, 2004) I had some encouraging feedback from readers following my article on this subject last Sunday and I take the opportunity to feature the following query and reply featured in our Website "Interact Section": I
have the following query: Can real estate agents purchase the property
they are supposed to sell in order to make a double profit (i.e. make
a profit besides their 5% commission ?) Also,
can a real estate agent pose as being the owner in an advert or when
showing property? I
have had this problem occurring on several times, so I would like to
know whether such behaviour is controlled by consumer rights law. Thanks for your help and keep up the good work ! (Ivan Grech) I
have referred your query to our legal expert Dr. David Fabri and here
follows his reply: "I
think your reader's concerns are perfectly legitimate and he may wish
to consider the following 1.
There is no specific legislation which regulates the activities of estate
agents in Malta. This also means there is no public authority overseeing
their activities. I have repeatedly pointed this out as a serious failing
in our regulatory framework in public seminars and elsewhere. Indeed the absence of specific legislation to regulate estate agents activities makes it possible for unscrupulous estate agents to pose as private buyers. Essential
regulation of Estate Agents
(Sunday Times July 4, 2004) There are too many speculating estate agents. Indeed the prevailing property inflation we (consumers) are subjected to is a direct result of such a practice. The only solution to the problem is to regulate the sector making such practices illegal. Indeed, as Dr. David Fabri wrote, "There is no specific legislation which regulates the activities of estate agents in Malta. This also means there is no public authority overseeing their activities. I have repeatedly pointed this out as a serious failing in our regulatory framework in public seminars and elsewhere." Comments from readers on this issue, in accordance with our column's terms and conditions are welcome. |
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From : Stephanie Agius Subject : Guarantees Dear Mr. Muscat Inglott, Once a bought product is changed with a new one by the supplier, is the guarantee renewed, or does it still apply from the date the first product was bought? Thank you, Stephanie Agius |
When and if a bought product is replaced
with a new one by the supplier, the termination date of the respective guarantee
remains the same original termination date. In a nutshell, if a bought product
is replaced with a new one, it does not mean that the guarantee is renewed.
However it must be borne in mind that,
if the bought product is taken back to the supplier/seller for a guarantee
related matter, the number of days, weeks or months, when the buyer is not
in possession of the bought product must be added to the validity period of
the guarantee.
Adrian V. Muscat Inglott
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From : Robert Galea Subject : Guarantees Can
the Commercial Guarantee differ from one country to another? In other
words can a supplier tell you that the Thanks, Robert Galea |
The Commercial Guarantee is not obligatory.
It is offered over and above the Legal Guarantee which is yours by right.
Therefore the Commercial (rather than legal) Guarantee can differ from one
country to another.
Adrian V. Muscat Inglott
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From : Lillian Debono Subject : Prices Mr. Muscat Inglott, I wonder if I may use your site to ask a question of general interest rather than with a view of encouraging browsers to discuss a particular issue?!? Can someone enlighten the public as to how clients can ensure that salespersons at jewelers/clock outlets are asking for the genuine price? Thank you Lillian Debono |
First of all, with a particular focus
on jewelers/clock outlets, it is of the utmost importance to look/shop around
and compare prices in the specific sector. While bearing in mind that we are
operating in a liberalised marketplace wherein there is no longer any price
control, the onus is on us consumers to take our custom to those outlets/traders
who are prepared to adjust their profit margins in accordance with our expectations
- without being greedy. We must drive the point home that we are not
prepared to give traders our custom if they are not prepared to share the
reduction in price with consumers.
If need be, with regard to items which
we can do without for some time, we (consumers) must be prepared to join forces
by boycotting greedy traders until such time as they adjust their prices to
our satisfaction. On the other hand we must reward traders who are willing
to co-operate by charging reasonable prices in line with our expectations
with our custom and share the information with fellow consumers. We must share
information about greedy traders and reasonable traders. As consumers we must
work together. We must join forces. Otherwise traders and suppliers will continue
exploiting the simple fact that, unlike them, we (consumers) are not skilful
at safeguarding our interests by working together.
I appeal to consumers who can come
up with some ideas to write to me. It is high time we maximised on the principles
of a liberalised marketplace by boycotting those traders who evidently are
only interested in taking advantage of the simple fact that we (consumers)
are not as organised as them. Come on, let's maximise on market forces. Indeed
I must ask Lilian Debono to contact me with a view to looking into what we
can do regarding this issue. On my part, in my capacity as the Sunday Times
Consumer Affairs I am prepared to publish information regarding greedy suppliers/traders
and reasonable suppliers/traders who charge reasonable prices.
Adrian V. Muscat Inglott
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From : Anthony Ellul Subject : Data Protection Dear Mr. Muscat Inglott, Some time ago, a law or otherwise was published which relates to the Data Protection and thanks to your column in "The Sunday Times" newspaper and continuous insistence from you, personal data was removed from the licensee car windscreen. Vis-à-vis
this Data Protection Act, what about cases wherein the personal details
(ex: address ) that are published on local newspapers/magazines when:- Should the winners be published by their names and locality only? Thanks Anthony Ellul |
I referred the above message to Dr.
David Fabri LL.D., who replied as follows:-
I think the identity card is to ensure
proper identity particularly when you have such common names as Charles Micallef
or Joe Borg etc. Is the query whether placing the ID card number is giving
too much information?
I think one should bear in mind that
this measure is intended for transparency so that we, the public, would know
exactly who is winning what. This serves as a possible safeguard against abuse.
And apparently there has been some alleged abuse recently. You may wish to
discuss the matter with the Data Protection Office.
Dr. David Fabri
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From : Lina Caruana Subject : Written Identifiable Specifications Why is it that in Malta it is so difficult to have written and identifiable specifications especially when buying goods like computers? There is nothing to verify the purchase when something goes wrong. Lina Caruana |
It
is up to us (Consumers) to insist on having our expectations fulfilled. If
our expectations are not satisfied, it is up to us to make it clear to the
respective supplier or suppliers. The most effective action to take when,
despite having made ourselves clear, our expectations are not fulfilled is
"Not to buy the respective product or service unless it is in accordance
with our expectations".
At
this point I encourage you, dear consumers, to write to me in situations wherein
a supplier does not co-operate and you subsequently find another supplier
who co-operates in accordance with your expectations. Send a copy of your
letter to the respective suppliers. On my part I will ask the respective non
co-operative suppliers for their comments. We can then share the information
with fellow consumers.
My
address is:- The Customer Service Column, The Sunday Times, P.O. Box 328,
Valletta, CMR01.
Adrian
V. Muscat Inglott
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From : Paul Massa Subject : Satellite Dish Tax Ghaziz Adrian, Jiena
Paul minn Marsascala u ghandi s-satellite dish id dar. Bhal kull sena
ircevejt biex inhallas il licenzja. Din is-sena minhabba li hemm il
kwistjoni jekk ghandniex inhallsuha jew le jiena iddecidejt li ma nhallasiex
sakemm tinqata darba ghal dejjem. Gara izda li minflok il 25 liri dawn
baghtuli biex inhallas 50 liri ghax inqast li nhallas fiz |
In my June 13 column (week 2 of our
campaign) I wrote:-
"I must appeal to readers to refrain
from asking me to advise them as to whether they should pay the tax or not.
I am also receiving messages asking me to advise readers not to pay the tax.
I must make it CRYSTAL-CLEAR that I am NOT in a position to advise you not
to pay the tax. Indeed this is why we are running this campaign - to get the
law changed. After all, let's face it, the law is there to be abided by. We
are civilised and I do not intend to promote the law of the jungle. What we
need from you is to send us letters similar to the two letters we have featured
so far so that we can persuade the authorities to remove this law in accordance
with EU laws.
"Our objective in this campaign is to keep the issue alive for as long
as it takes to persuade whoever is in a position to remove the Satellite Dish
Tax to do so. Your participation is solicited. We must work together as consumers
while maximising on our right to be heard."
I must stress that I am not a legal
expert and accordingly I am not qualified to give legal advice. However, at
this point, it makes sense to quote yet another excerpt from my column (week
5 of our campaign, July 4). I wrote:- "Well, at this point I am very
pleased to inform you, dear consumers, that Dr. Simon Busuttil is willing
to make a legal submission in Court by providing legal representation, free
of charge, to any consumer against whom the Government may take legal action
on having refused to pay the Satellite Dish Tax."
In the prevailing scenario I will,
YET AGAIN, appeal to consumers to keep sending me meaningful letters so that
we can keep our campaign alive by being in a position to feature a letter
every week. We need to keep it up for as long as it will take to persuade
whosoever is in a position to regularise the situation in accordance with
European Union Laws to do so.
Adrian V. Muscat Inglott
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From : Michael Scicluna Subject : Car Price Hikes Dear Adrian, As usual you do a great job on the website, the Radio, and local papers, promoting Consumer Rights Awareness, but we 'consumers', still have a lot to learn. Above all there should be consistency in fighting for what is rightfully just and value for money. My latest experience was buying a new car. After I got my car, I got suspicious to see how the manufacturer markets the car and, in doing so, I found out that they also have an end user pricelist. So I had a peep in the price list and compared what I paid for my car. I don't have to tell you that I paid much more than I would have had to pay if I bought the car in Europe. However what intrigued me most was that I needed to get an Automatic Gear Box Driven Car and the difference between a normal 5 gear and an automatic was Lm1500.00. However when I checked with the UK agent and German agent the difference in price was UK £650.00 and Germany 1000.00 EURS. We blame the high price on the heavy tax and registration fees. However, "Who is really having a hike over us?" No wonder people are opting for imported second hand cars which are cheaper than new ones. Thank you for your time and actions. Michael Scicluna |
This is indeed an issue well worth
discussing here as well as in our column.
Adrian V. Muscat Inglott
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From : Martin Formosa Subject : Refund Dear Mr. Muscat Inglott, I bought a gazebo
on the 4th of July 2004, from the bargain magazine at the price of Lm30.00.
On the 25th of July 2004 the wind tore the hem of the gazebo. I phoned
the company from where I bought it to see if they could mend it. The
day after a person from the company phoned back and offered me to buy
a new gazebo cover for the price of Lm 15.00. That's all they could
offer. I told her that this was not a good after sales service. Martin Formosa |
No,
you do not have, as you put it, "any right for any refund" unless
the seller adopts a "money back policy" and makes that commitment
accordingly. In such cases, each case has to be assessed on its own merits.
It depends entirely on the specific circumstances/conditions in which the
item in question was torn.
Adrian
V. Muscat Inglott
|
From : Leslie Spiteri Subject : Removal of Import Levy Dear Mr. Muscat Inglott, Could you please enlighten me on the fact that the price of foreign imported ice-cream has failed to come down as I would have expected given our entry in the EU? I have been unable to understand how the price of this item has remained as high as it was before the 1st of May when, as far as I know, the price incorporated the import levy. I would be extremely grateful if you could clarify this issue for me as it is something that irks me as I feel I am being robbed. Leslie Spiteri |
While bearing in mind that we are operating
in a liberalised market place there is no price control. On June 20 I carried
a letter in the Customer Service Column from Ms. Christine Galea focusing
on the same syndrome vis a vis Wine Prices. The point is that, despite the
fact that with effect from May 1 the levies were removed from all imported
wine, the awaited decrease in price has not yet been reflected in the price
wine is being sold at restaurants. It seems that the same is happening with
regard to Ice Cream.
The onus is on us consumers to take
our custom to those outlets who are prepared to adjust their profit margins
accordingly. If need be we ought to do our bit by doing without. We must drive
the point home that we are not prepared to give traders our custom if they
are not prepared to share the decrease in price. We (consumers) must be prepared
to join forces by boycotting the respective sectors until such time as they
adjust their prices accordingly to our satisfaction. Otherwise they will continue
exploiting the simple fact that, unlike traders and suppliers who are very
skilful at safeguarding their interests by working together, we (consumers)
are not.
I appeal to consumers who can come
up with some ideas to write to me. It is high time we maximised on the principles
of a liberalised marketplace by boycotting those traders who evidently are
only interested in taking advantage of the simple fact that we (consumers)
are not as organised as traders. Come on, let's maximise on market forces.
Adrian V. Muscat Inglott
|
From : Mike Galea Subject : Illegal Satellite Dish Tax Dear Mr. Muscat Inglott, I would like to know what is the position of those persons like myself who, prior to May, sealed their receiver. Recently I called the department concerned and asked if I can use my receiver but I was informed that, prior to using my receiver again, I had to take it back to the Wireless Department and pay for the licence again with effect from that day. I would like to know if Dr. Simon Busuttil will also represent us should the Department take any legal action for using my receiver without paying this illegal tax imposed on us. Thanks for the work done Mike Galea |
Dear
Mr. Galea,
As
I explained in the Customer Service Column:-
"Regarding Dr. Simon Busuttil's promise to make a legal submission in
Court by providing legal representation, free of charge, to any consumer against
whom the Government may take legal action on having refused to pay the Satellite
Dish Tax, there is no need for any Satellite Dish owner to contact Dr. Busuttil
directly. Quite frankly I do not think it will get to that however, if it
does, we can do it jointly as a group through this column. We will cross that
bridge if we have to but, … "I don’t think we will have to".
Adrian
V. Muscat Inglott
|
From : Manuel Grech Subject : Illegal Satellite Dish Tax Dear Mr. Muscat Inglott, I have followed, and I am still following, with interest your campaign regarding the Lm25 licence which is being levied on Satellite dish owners. However, one thing is still not clear in my mind. Should we or shouldn't we pay this tax ? If we do pay it, is there a way that we can advise the department that we are paying under protest or something to that effect? Since I have received notice to pay my licence next month, I would appreciate to have your advice. Best personal regards, Manuel Grech. |
In
my June 13 column (week 2 of our campaign) I wrote:-
"I
must appeal to readers to refrain from asking me to advise them as to whether
they should pay the tax or not. I am also receiving messages asking me to
advise readers not to pay the tax. I must make it CRYSTAL-CLEAR that I am
NOT in a position to advise you not to pay the tax. Indeed this is why we
are running this campaign - to get the law changed. After all, let's face
it, the law is there to be abided by. We are civilised and I do not intend
to promote the law of the jungle. What we need from you is to send us letters
similar to the two letters we have featured so far so that we can persuade
the authorities to remove this law in accordance with EU laws.
"Our objective in this campaign is to keep the issue alive for as long
as it takes to persuade whoever is in a position to remove the Satellite Dish
Tax to do so. Your participation is solicited. We must work together as consumers
while maximising on our right to be heard."
I
must stress that I am not a legal expert and accordingly I am not qualified
to give legal advice. However, at this point, it makes sense to quote yet
another excerpt from my column (week 5 of our campaign, July 4). I wrote:-
"Well, at this point I am very pleased to inform you, dear consumers,
that Dr. Simon Busuttil is willing to make a legal submission in Court by
providing legal representation, free of charge, to any consumer against whom
the Government may take legal action on having refused to pay the Satellite
Dish Tax."
In
the prevailing scenario I will, YET AGAIN, appeal to consumers to keep sending
me meaningful letters so that we can keep our campaign alive by being in a
position to feature a letter every week. We need to keep it up for as long
as it will take to persuade whosoever is in a position to regularise the situation
in accordance with European Union Laws to do so.
Adrian
V. Muscat Inglott
|
From : Manwel Debattista Subject : Fiscal Receipt Dear Mr. Muscat Inglott, Further to my letter regarding the practice of tearing fiscal receipts by employees at the entrance gates at the Trade Fair grounds in Naxxar, I would like to inform you that I have received a reply from Mr. Massimo Panzavecchia Sales & Marketing Manager and also from Mr. Oliver Vassallo Commissioner of VAT. Here follow the letters in question: 1) Letter from Sales & Marketing Manager Massimo Panzavecchia to Mr. Manwel Debattista: We have received your e-mail regarding the tearing of the fiscal receipt upon entrance into the International fair of Malta. Even though we have never received any similar comments in the past, your input is important to us and we shall be taking the matter in hand and find an alternative procedure to control entrance with these fiscal receipts. This current procedure had been introduced some time in the past as many visitors were paying and then hand the fiscal receipt to other visitors to enter the fair without paying, and this was a way of controlling such abuse. May I assure you that we shall be taking all the necessary action to find a suitable alternative to control entrance into the fair grounds during the international Fair of Malta. I thank you for your comments, and please do not hesitate to contact us should you need any further assistance. (Massimo Panzavecchia) 2) Letter from Commissioner of VAT Oliver Vassallo to Mr. Manwel Debattista: I refer to your e-mail of 9th July 2004 regarding VAT fiscal receipts. Your complaint has been noted. Besides, the matter has been taken up and referred to the Consumer Affairs Department for their consideration (copy attached). Any feedback received from that Department will be referred to you in due time. (Oliver Vassallo) |
I
thank Messrs. Massimo Panzavecchia and Oliver Vassallo for their co-operation
Adrian V. Muscat Inglott
|
From : Manwel Debattista Subject : Fiscal Receipt Dear Sir, I don't know if you have ever received any input from consumers regarding what I personally label as an irritating practice. As far as I know, once a person effects a payment and receives a fiscal receipt, that receipt becomes his/hers and is his/her property. Am I correct in this? If in the negative then the whole thing stops here, but if in the affirmative. I personally believe that once I make a payment and get a receipt from the cash register, that receipt is mine and no one has the right to tell me what to do with it. I usually send it in with the other receipts for the monthly lottery. If the receipt is my property, has the establishment where I take my custom, the right to tear the receipt? This practice of tearing the receipt is adopted by those responsible for allowing people into the Trade Fair grounds at Naxxar. My regular objections to this practice have always been met with sarcastic remarks, strange looks and blunt comments by those at the entrance. My question is, who gives the right to people at the gates to tear my receipt? Is this practice logical, ethical and legal? Once a person gets a receipt it means that that person has paid the entrance fee, so showing the receipt on entrance should be sufficient to prove the right to enter, so why tear the receipt sometimes actually tearing it in half? What right do these people have to stop me submitting a fiscal receipt for lottery by tearing my receipt? I would appreciate any feedback on this matter as I would very much like to know how other consumers feel about it. Maybe not many people give much attention to this issue perhaps thinking it is a trivial matter, but we are living in the 21st century and I believe this primitive practice of checking entrants to exhibitions should stop forthwith. Best regards, Sincerely, Manwel Debattista |
No
I have not received such an input on the "Fiscal Receipt" and I
accept the validity of your point.
In
my opinion, while bearing in mind that they are treating the fiscal receipt
as an "Entrance Ticket", they ought to give customers an "Entrance
Ticket" and a receipt which, as you aptly commented, is your property
and you have the right to send it in with your other receipts for the monthly
lottery.
Adrian V. Muscat Inglott
|
From : Joan Gauci Subject : Scam Can you give me some advice please? Last week my mum received a letter from Spain on a letter head El-Gordo Lottery S.A. This seems to be a letter head and also has water marks. Signed and stamped management El-Gordo Lotto Office Madrid Espana. We have a contact person from La Estrella Secutiry Company to contact asking us to claim our prize money before the 18th June. All they are asking is a 5% of the winning prize. These are to be remitted after we have received our winning fund in our country, as they are saying. Who can direct me in finding what these people are after please? Joan Gauci |
If your mum has not bought any lottery
tickets, the letter she received is a SCAM. Here follows an article I featured
in my Customer Service Column on May 30 2004.
LOTTERY WINNERS - SCAMS
It is common knowledge that there are so many different scams and we can say
that, at this point, most local 'winners' (?!) know what to do and, more importantly,
what not to do. Unfortunately however, despite the increased awareness, some
people still fall for it and we must continue referring to the issue. Indeed,
on this occasion, I am referring to it because I received an interesting letter
worth sharing with readers. It is about the Spanish Scam from yet another
lucky (?!) winner. Ms. Gillian Short was informed that her name was attached
to the winning number and that she was approved for a lump sum payout of eight
hundred twenty five thousand and two hundred Euros etc etc. She wrote:-
Out of curiosity I checked with the Spanish Lottery and it so happens that
there was no lottery on the supposed winning date!
I think this scam is dangerous to the unwary as there is no initial request
for money. Presumably that would come in a second letter with pressure on
the time factor. (Gillian Short)
Here follows the letter she received
from the official organisers of the, "Loterias y Apuestas de Estado":-
Important Warning
Loterias y Apuestas de Estado (LAE) would like to inform the general public
that a number of groups of criminals, of various nationalities, are using
the prestige and the commercial names of the Spanish Lottery by fraudulent
means in several countries, particularly in countries in the south-west of
Asia and the Pacific as well as countries in the American continent. They
move with ease around the whole world and use mobile telephones, P.O. boxes,
provisional or false addresses (including real addresses of official Spanish
Organisations) as well as names that bring to mind prestigious institutions
such as El Gordo, La Primitiva, European Lottery Commission, etc. They also
forge the printed sheets and signatures of various banks.
The fraudsters operate as follows. They inform the potential victim that he
or she has been the lucky winner of a substantial prize, even if the respective
victims have not participated in any draw. However they supposedly cannot
collect the cash prize unless they have paid a sum of money to pay taxes,
bank charges, delivery charges, or insurance processing. Generally the fraudster
warns the potential victim that the deadline to pay the respective charges
is very imminent and that their right to collect the winnings is about to
expire.
The truth is that Spanish Lottery prizes are always tax free. The Spanish
Police has already arrested members of groups who were operating in Spain
and legal action was taken against them. Therefore, if you are offered "prizes"
that seem to be linked to the Spanish Lottery DO NOT pay any money. Likewise
we would be grateful if you inform local authorities of these crimes.
(Loterias Apuestas del Estado)
Adrian V. Muscat Inglott
|
From : Christine Galea Subject : Price of foreign wines I would like first of all to congratulate you for your weekly contribution in the local Sunday newspaper and for this website. I refer to the issue of wine prices. With effect from May 1, the levies were removed from all imported wine; as a consequence foreign wine can be purchased at around Lm2. This decrease in price has not yet been reflected in the price that wine is being sold at restaurants. To add insult to injury, a particular hotel chain had the nerve to increase both the local wine and the foreign wine. The local wine increased by Lm2 from Lm5.5 to Lm7.5 per bottle. I know that restaurants
are in a competitive market and therefore they should compete both on
quality and on price, but it seems that they are in collusion whereby
they have "agreed" that if no one reduces the price of wine
then there will be no pressure on the rest to reduce their prices. In
that manner we consumers will be left with no choice, it's either paying
the restaurant the cost of wine plus super normal profits of around
250% or else not taking any wine with your meal. It is grossly unfair
that the decrease in prices is enjoyed by the restaurants owners at
the expense of us consumers. If you ask restaurant owners they will
probably give you the excuse that they had a stock of wine on which
they had paid levy on. However in response to this, I would like to
make two points |