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newsletter A4size pgs1-16.indd
It has gone down in the history books of Fiji as the backbone of the economy next to sugar and gold. But it has failed to bounce back and only to be replaced with tourism. The demise of the copra industry has left a great open agricultural wound. The country is reminded of just how deep the wound is whenever import and export figures are highlighted. About 100,000 plus people today depend partly or wholly on the industry for their livelihoods. Many of the people, who are directly involved as producers reside in the rural areas of the remote outer islands. Their average income on record for the people in the coconut industry is the lowest in the country with an estimation of less than $500 per household per year. Recently, the producers involved in the copra industry decided to raise their grievances with the Consumer Council of Fiji instead of with the Coconut Industry Development Authority (CIDA). CIDA is a statutory government establishment set up in 1998 to revive the coconut industry. This responsibility was taken away from the Ministry of Agricul- ture to give the revival of the industry much more prominence. Although since 1998 copra production has seen a gradual increase, the industry has much more potential and can contribute greatly in the export figures. However, it is not capable of doing that now because the industry is riddled with many problem- atic issues that have been left unaddressed for too long. The Consumer Council wishes to highlight these issues so that the respective stakeholders would know of their existence and would work to address them. Weight of copra Producers receive payment for their supply of copra to the buyers based on the weight of the product. At the initial point before the copra is loaded onto a ship, the producers weigh their bags of copra and carefully place a shipping mark to differentiate their bags from the other producers. The weight and the number of bags loaded by the producer are documented on a shipping receipt of the vessel the copra is loaded on. The producers therefore expect to receive cargoes and a list of producers or consignors of the copra, the number of bags and their respective shipping marks and instructions as to who and/or how the proceeds are to be paid. The initial problem arises at the point of unloading from the ship where it takes up to almost a week for the buyer to uplift the copra from the wharf. In the meantime, the copra is left out in the open and the element without due care or responsibility by whomever. The bags are off loaded ...cont’d on pg 3 Consumer News (cont’d from pg 1) anyhow without due consideration given to the identification marks placed on each bag by its producer. Hence, the buyers load the total number of bags indicated on the manifest without little or no consideration whatsoever for the individual shipping identification marks. They also fail to weigh the product before leaving the wharf area and provide a documented receipt to the shipping company to cross check the number of bags and/or the weight stated. The next point of problem arises when the carrier that loaded the bags of copra off loads the product at the final destination. Here the product is weighed and documented to record the payment deserved by the producers. However, the copra is not weighed on arrival to determine whether there were losses of weight en-route for which the carrier is accountable for. This is another dark area where losses cannot be quantified and those responsible taken to task. Consequently, the weight is affected and the producers get a lesser payment than expected – one, through losses in weight during the various stages of transshipping, handling and delivery or the combination of all these factors and two, the tactics where the number of bags is tallied to match that stated as belonging to a producer, regardless of the shipping marks or identifications. This means that, e.g., a producer who shipped 10 bags weighing a total of 450kg might still get paid for the right number of bags (10) which will be shown on the buyer’s receipt, but say only 390kg is paid for, because due care to ensure that the shipping marks are checked on and off throughout the delivery processes, are not made. In addition, because the copra bags with different identification marks were loaded from the wharf, the producers are informed by the buyers that they have received only a certain number of bags that match the particular producers mark. Hence, the producers ex- Development Fund Board (FDFB). pected payment again is affected. All Cess deductions are required to be paid to (FDFB) within a month of Missing bags Many of the producers wait for receipt of the copra supply from the weeks to receive their payment, producers. However, it is understood which does not eventuate be- that the buyers are deducting the levy cause they are ultimately told by from the final payment of the producer the buyers that their copra sup- but the money is not being forwarded ply was not received at the wharf. to FDFB on time. The fund was set At other times due to the absence up to assist the producers in their time of a proper storage facility, the of need, such as for the payment of copra supply is irresponsibly off school fees of their children. In one of loaded on a wharf into no ones the cases the last credited record with care. Shipping companies as well FDFB is December 2004. Clearly the as carrier hiring companies have buyers should be questioned for the been blamed for the missing co- non credited monies of the producers. The Consumer Council understands pra. However, they have failed to that there are only three copra buyers accept the blame or compensate any of the producers to date be- in the country namely JKS Holdings cause the culprits simply cannot Limited, Punja & Sons Limited and be identified. The question to ask Copra Millers of Fiji. These buyers then is who should be responsible need to consider the hard work and blamed for copra supply that goes sacrifice of the producers by offering missing while being transported them incentives that would encourage to the buyers? The hardworking them to increase their production of producers stand to loss out on the copra and therefore revive the indusmuch needed payment when the try to its glory days. Because of such product goes missing and the ship- rip-offs that bring no benefits to the ping companies, the carrier hiring producers, they are being forced to companies or the buyers are will- give up copra farming and sell their ing to compensate the producers. land to those who may not be interested in continuing in the production. Price of packing bags Moreover, if the copra production The producers are currently required to purchase bags to pack is not given the attention it deserves, copra at their own expense. The it would have an impact on the ac50kg secondhand polythene sugar cessibility of shipping services to the or flour bags are commonly sup- outer islands. Currently, some of the plied for use. A single bag can be shipping companies are making trips used three times before it wears to the islands because of copra proout. However, the buyers fail to duction. If the industry ceases to exist, return the bags to the producers these companies would not consider although the return freight of these services to the outer islands viable. The Consumer Council of Fiji is urgare deducted at source. Consequently, the producers who could ing the relevant stakeholders in the be paying once for a bag and use copra industry to address the problem it three times are having the pay- areas highlighted now. The indusment for the supply of the packing try can be revived contrary to genbags deducted in every payment. eral believes held by many people. It is the producers who need to be emCopra Cess Funds For every tonne of copra sold powered and taken great care of if to the buyer $20 is deducted as the industry is to make a comeback. Loading of copra on the ship ‘Cess levy’. The levy is deducted Before copra is loaded onto by the buyer to go to the credit of the producer with the Fijian a ship, producers weigh their bags (cont’d on pg 4) Consumer Council of Fiji Newsletter 2007 3 Consumer News of copra and carefully place a shipping mark to differentiate their bags from other producers. The weight and the number of bags loaded by the producers are documented on a shipping receipt issued by a shipping officer on the assigned vessel. Upon arrival at the destination wharf, the shipping company is required to issue a manifest to the buyers notifying them of the copra cargoes, the names of the producers or consignors of the copra, the number of bags being supplied to each buyer (as well as their respective shipping marks) and a breakdown on how the payment is expected to be made. This important document, although required, often fails to exchange hands. Unloading of copra at the wharf The initial problem arises at the point of unloading from the assigned ship where the buyer delays the collection of copra bags, sometimes for many weeks. Meanwhile, in the absence of a proper storage facility, the copra is left unattended and exposed to conditions that affect the quality of copra. This also gives an opportunity for people to remove some of the bags without having anyone account for it. Carting of Copra The copra bags are also off-loaded from the ship without due consideration being given to the identification marks placed on each bag by the producers. The buyers therefore load the copra bags according to the total number indicated on the manifest document instead of according to identification marks placed on them by producers. Another problem arises with regard to the carrier who loaded the bags from the destined wharf for the millers. The weight of the 4 product becomes immaterial during the off-loading and carting phase, indeed is only important when it reaches the millers where the product is weighed. However, since no document was produced on the weight of the copra collected from the wharf area, it becomes impossible to cross-check it against the weight stated by the producer. It is a common occurrence for copra to be “pinched” from the bags during transportation. For example, a producer who shipped 10 bags weighing a total of 450kg might still get paid for the right number of bags (10) - which will be shown on the buyer’s receipt - but the weights documented by both the producer and the buyer are likely to differ. The producer therefore only receives an end-payment for 390kg. Producers remuneration calculation There is a complete lack of transparency in the way the producers are paid for the shipment of copra. The final weight and grading of copra is done in the milling stations in the absence of the producers. Producers have no choice but to accept whatever payment is made to them by the buyers. There is a complete lack of transparency in the way the producers are paid for the shipment of copra. The final weight and grading of copra is done in the milling stations in the absence of the producers. Producers have no choice but to accept whatever payment is made to them by the buyers. There are only two millers in the country who are operating below capac- C T C P C tr C A W Copra producers want their concerns addressed ity. Because of the “rip-offs” described above, many producers receive few benefits and are being forced to give up copra farming. Producers and millers are both affected as a result. If copra production is not given the attention it deserves, it will have a deleterious impact on the accessibility of shipping services to the outer islands. If the industry ceases to exist, the shipping companies will not consider services to the outer islands viable. It is in the states’ interest to revive the industry for a number of reasons, for example: improving the quality of life for our rural people by increasing their income level. improving shipping services to the outer islands and hence saving the franchise funds. reducing trade deficit by increasing our export. Contrary to general belief, the industry can be revived. Coconut can be purchased either as a whole nut, a green kernel, or in its dried form. To make the industry viable, CIDA must become proactive and address the problems faced by producers. Producers must be encouraged in the same way as the sugar industry to return the copra industry to its glory days. Recommendation for Solutions Copra Millers/Punjas & Sons to uplift copra from the wharf using hoppers/containerized trucks where copra is spilt into these and transportation in its bulk form and not by the bags. This will ensure that: Proper cut off and a clear handing over of responsibilities from the shipping company to the buyer. Minimizes losses of weight through spillages and/or pilferage Empty bags are retained by the shipping company at the wharf for return freighting to the respective consignors. Note that the shipping company now has full responsibility for the return of these bags to the producers who will only pay freight for the actual number of bags landed at the islands. Consumer Council of Fiji Newsletter 2007 , e . s o t : . . . n r d t s y . Complaints Analysis Complaint Statistics from April - June 2007 Centre Total registered complaints Complaints resolved through mediation Pending cases Cases refered to & assisted in small claims tribunal Cases refered to other authorities Adviced issues Weak cases Suva 165 99 37 21 Lautoka 90 39 5 26 Labasa 98 98 47 4 Total 353 236 89 51 1 13 17 95 9 9 5 - 18 113 26 - Explanatory note: • Between April to June this year, 353 complaints were registered with the Council as compared to 379 registered cases between January to March – a decrease by 26 cases. • 236 consumer complaints were successfully resolved through mediation, resulting in a refund/compensation of approximately $55,081.80 to consumers by the business community or service providers. The cases considered resolved were those in which a settlement had been made to the complainant’s satisfaction or where the customer no longer wished to pursue the matter. Customers get redress in different forms such as exchange of the product purchased, repair or rebate. The Council has set itself a target of resolving at least 80 per cent of complaints within 10 working days of receiving them, and no less than 80 per cent resolution overall by year-end. • 51 cases were referred to the Small Claims Tribunal following the failure of reaching amicable solutions. The Council mediation officers assist complainants in filling of the form and should there be a need, represents them in the Tribunal. • 18 cases were referred to other authorities such as the Department of Fair Trading, Prices & Incomes Board, and Commerce Commission etc. The nature of these complaints fell into the jurisdiction of the other authorities with regular follow up from the Council officers. • 26 cases were considered weak as they lacked relevant evidence for the Council officers to pursue. • 89 cases were left pending to be pursued in the July month. Depending on the nature of some cases it proves difficult to meet the 10 day target. • 113 consumers simply contacted the Council to seek advice on various issues. Issues Real Estate services Landlord/Tenancy Transportation Medical Motor Vehicle Insurance/Banking/Legal Education Hire Purchase/Layby sale Construction,Installation,Craftsmanship Product packaging/Labelling White goods(TV, Radio, Fridge, Furniture) Clothing/Footwear/Textile/Jewelry/Watches Telecommunications Water /Electricity Money lending Entertainment Total Explanatory Note: Suva 2 74 3 12 12 3 7 4 11 15 3 11 3 2 3 165 Lautoka 5 31 2 9 10 9 2 2 5 11 4 90 Labasa 2 10 3 1 7 17 1 4 14 13 6 15 2 3 98 Toatal 9 115 6 3 28 39 4 16 10 27 33 20 30 5 5 3 353 The above table provide a breakdown by subject matter of the number of complaints lodged with the Consumer Council between April to June 2007. It reveals that the Council received more complaints about residential tenancy. When compared to data from January to March 2007, complaints concerning a number of consumer issues decreased from April to June. However, residential tenancy related issues rose significantly during this period. Consumer Council of Fiji Newsletter 2007 5 Consumer Complaint Anyone for Cockroach bread? The picture shows a cockroach infested bread on a shelf of a bakery shop located outside Suva city. This is in breach of the Pure Foods Act regulation. The Council visited the bakery and has also referred the case to the Ministry of Health. Throat lozenges: Relief or rip off? Is it oil or water? The information on the Captain tinned fish label is misleading the consumers. It states water as an ingredient at the back of the label while the front part of the label states in big bold letters ‘Mackerel in Natural Oil.’ The country of origin from where the fish was sourced is not mentioned on the label. The tinned fish label also does not carry an expiry date and a batch number in case there is a need for a product recall. The Council has referred the product to the Ministry of Health who are the regulators of the Pure Foods Act. Australians spend over $60 million each year on throat lozenges, and we’re certainly well catered for- CHOICE’s foray into supermarkets and pharmacies turned up around 60 different varieties. But when we looked at the evidence behind the ingredients it started to look as if we’re largely wasting our money. Labelling please This packet of biscuit sold in the supermarkets around the country does not carry the: � manufacturer’s name and address � details of the place of origin � importer’s name and address � list of ingredients � warning statements for consumers who have allergies to peanuts, eggs, tree nuts, sesame seeds etc. Yet another case for the Ministry of Health. Everyone who’s had a sore throat knows how miserable it can make you feel- the dry, scratchy rawness and the pain when you swallow. It’s easy enough to keep throat lozenges at hand, but do they help, or are we being sucked in? Lozenges that contain anesthetic or analgesic (painkilling) ingredients are the most likely to help relieve symptoms associated with a sore throat, but you’ll usually have to pay a bit more for ones with these ingredients (often over 50 cents per lozenge, compared with less than 10 cents per lozenge for non- medicated products). The rest of the lozenges are unlikely to be any more soothing than sucking on a hard lolly. See the table, pages 30-31, for a list of products and their key ingredients. That said, simply sucking on a lozenge (or a lolly) can have a soothing effect by helping to lubricate the throat. And for the most part, non- medicated lozenges are relatively cheap, so if a particular product or flavour makes you feel better you might think it’s worth it. But there are alternative ways of dealing with sore throats that you might find just as effective, and probably even cheaper. Throat therapy Taking paracetamol or aspirin (for adults) is an effective way to relieve the pain and discomfort of a sore throat. But if you’d rather not take any medication, the following might also help: • Drink warm liquids. Hot water with honey and DID YOU KNOW? lemon is a time- tested remedy. The biggest enemy of the consumers are • Gargle with warm salt water (half a teaspoon of the consumers themselves. They do not salt in one cup of water). check the product, the packaging, the • Suck on ice. seals, batch number, name and address • Use you air humidifier, if you have one. of manufacturer, product ingredients, and the date of manufacturing or expiry A sore throat usually resolves itself within three to four of the product. days, and it’s unusual for one to last beyond a week. If it persists, or your symptoms include severe difficulty swalGoods must be as described, of satisfactory quality lowing or breathing, a fever or tender or swollen lymph and fit for their purpose-Fair Trading Decree 1992 glands in the neck, see your doctor. www.choice.com.au 6 Consumer Council of Fiji Newsletter 2007 Consumer Complaint Property valuation: How much can you trust the valuator? T he valuation of any property, no matter the size or location is a professional task and should not be taken for granted by the client. However, in the case of a USP lecturer, the property valuator himself failed to take his job seriously. In September 2006, Dr. E. W. bought a property that only a few months earlier had been valued. The negotiations about the sales price were much influenced by the supposed market price mentioned in the valuation. The value of the property had been calculated through the rental income the property was said to yield. The valuation also mentioned some construction work that had been left incomplete on the property at the time of purchase. A. K., the former owner of the said property had the property valuated in May 2006 for the purpose of sale. An incorrect property valuation is damaging Put your faith in an incorrect property valuation and you’ll fall into one of three traps: Trap #1 Underselling your house & losing out on $1,000’s Trap #2 Overpricing your house - not attracting any buyers - missing the chance to buy your preferred new home Trap #3 Being taken advantage of by unscrupulous Agents E. W.’s disappointment came when he realized that the rental income from the property was much lower than stated in the valuation report, and some construction work never had been completed. It seemed that the valuation company had not inspected the property as professional ethics would have required. Many deficiencies had not been discovered and many details on which the value of the property was based on were recorded wrongly. As such, the property had been overvalued by the valuator. W. had put his trust in the valuation of a registered company to provide him with a professional opinion but they let him down. W. therefore approached the Consumer Council to negotiate with the valuation company to look into the matter. The Council brought the two parties to the mediation table for discussions. Incomplete construction work that was not considered in Kumar’s valuation report. Weber had seen to its completion. valuator to provide him with a professional It is important to note in this case that the valuation company opinion so that he could act accordingly in had not charged W. for the property valuation. Hence, it was an informed manner. Weber had lost more not an issue of taking money but not rendering proper services. than $100,000 for the incorrect valuation. Rather, it was an issue of a property owner placing his trust in the Consumer Council of Fiji Newsletter 2007 7 Consumer Alert Zero VAT on Basic Food Items And Kerosene Do not re-use mineral water bottles! Many are unaware of poisioning caused by reusing plastic bottles. Some of you maybe in the habits of using and reusing your disposable bottles (soft drinks or water), Keeping them in your car or at work. Not a good idea. It happened in Dubai, when a 12year old girl died after a long usage(16months)of SAFA minerals water bottle,as she used to carry the same fancy(painted by herself) bottled to her school daily. In a nutshell, the plastic (called polyethylene terephthalate or PET) used in these bootles contains a potentially carcinogenic element(something called diethylydroxylamine or DEHA). The bottles are safe for one-time use only; if you must keep them longer, it should be one or no more thaan a few days, week max, and keep them away from heat as well. Repeated washing and rinsing can cause the plastic to break down and the carcinogens (cancercausing chemical agents) can leak into the water that YOU are drinking. Better to invest in water bottles that are really meant for multiple uses. This is not something we should be scrimping on. Those of you with familydo please advise them, especially children. Please forward this information. Prevention is better than cure. Consumers are advised that the following food items and kerosene have zero-rated vat with effect from 01 January, 2006 . Milk: All types of powdered milk including infant formula. Tea: Unfermented green tea and fermented black tea including tea bags. Flour/ Sharp: Any type of plain flour/ sharp derived from wheat/ meslin. Rice: Rice in the husk, brown rice, semi milled/ wholly milled and broken rice. M Edible oils: • Crude or refined oils derived from Soya bean, Palm, Sun flower, Cotton seed, Canola, Linseed, Corn, Sesame, • Ground nut, • Virgin, refined olive oil, • Animal/ Vegetable fats and oils; • Solid and liquid margarine; • Imitation lard, shortenings; • Any other oil preparation derived from animal and vegetable fats (e.g. vanaspati) tim A to co pr tim pr sh Prepared of preserved fish: • Any type of canned fish ( salmon, herrings, sardines, tuna, mackerel and anchovies) ; • Fish processed/ preserved through cooking or baking and is ready for consumption; • Caviar and caviar substitutes to M in fr it Kerosene: For House hold use only Further information can be obtained from the Fiji Islands Revenue and Customs Authority website: www. frca.org.fj or the office of the Prices and Incomes Board. About the Consumer Council The Consumer Council of Fiji (CCF) is a statutory body established under the Consumer Council of Fiji Act -1976 (Cap 235). The Council provides the external pressure as a watchdog to create a fair and just delivery of goods and services. It represents and protects the rights and interests of consumers and in particular the disadvantaged groups, rural poor and women by identifying and articulating the policy issues that are of importance to the consumers. First and foremost the Consumer Council is an advocacy organisation, conducting rigorous research and policy analysis on key consumer issues. CCF’s insight into consumer need is a powerful tool for influencing decision-makers to bring about change. DEMAND YOUR RIGHTS SAY NO TO SUBSTANDARD-ADULTEREATED-COUNTERFEIT PRODUCTS 8 ‘u yo be fr be pr It ‘b qu th da an Consumer Council of Fiji Newsletter 2007 Fo C be th fo ca be fo D si C W of Food & Product Labelling Food – What do ‘use by’ and ‘best before’ mean? first. Things to remember ‘best before’ date dive you an idea of how Packed foods whether in box, wrapper or bottle usually have a • long foods will last be they lose quality. ‘use-by’ or ‘best before’ date stamped on them. This date gives • most products will last beyond their ‘best you an idea on how long the food will last before’ date if they are stored properly. before it lose quality. A product will remain • foods marked with a use-by date must be fresh and of good quality right up to the ‘best consumed before that date. before’ date (and sometimes beyond) if it is properly stored, both at home and supermarket. Council wants Egg Cartons Properly Labeled It may still be safe to eat those foods after the The Consumer Council of Fiji wants the egg ‘best before’date, but they may have lost the cartons supplied and sold in Fiji better labeled quality and some nutritional value. Foods with a ‘best before date.’ An increasing numthat should not be consumed after a certain ber of consumers have complained of rotten date for health and safety reasons, such as milk, soft cheese eggs in their cartons on the day of purchase. and ready prepared salads usually have ‘best before’ date. Although there are recipes that require eggs to be at or near room temperature, eggs should not Manufactures err on the side of caution Manufactures usually choose a ‘best before’ date before the be kept away from refrigeration for more than two time when the food would be expected to deteriorate and spoil. hours. Many refrigerators provide special storage A conservative ‘best before’ date is designed to encourage you for eggs in the door, but it is not an advisable place to eat the, product while it is fresh and its best, so you should for storing because the temperature fluctuates in consider ‘best before’ dates a guide only. Frozen and canned the door when it is opened and closed. Eggs keep products, in particular, tend to keep their quality for some- best when they are stored at temperatures of no time after the ‘best before’ date has expired. Within reasons, higher than 40°F. The ideal temperature range is provided the foods looks and smells as you would expect ,it 33°F to 38°F. When the temperature is above 40°F, should be safe to eat ,even if the’ best before’ date has passed. harmful bacteria may grow rapidly. Although salmonella are not destroyed in temperatures below Foods need proper storage 40°F, any of the bacteria that may be present will Whether or not a product keeps fresh and edible right up not multiply when the temperature is below 40°F. to the use-by or ‘best before’ date depends hoe it is stored. The Council is concerned that many supermarMany foods need to be kept at certain temperatures, either kets and stores in Fiji shelve egg cartons at room in fridge or freezer. For instances, fresh milk needs to be re- temperature, which affect the quality of eggs. In frigerated. If a carton of milk is left out on kitchen bench, addition, given Fiji’s tropical weather and the fact it will quickly sour, regardless of its ‘best before’ date. that most supermarkets and stores do not have air conditioning, the quality of eggs is affected. Check the packing It is difficult for a consumer to identify rotten Foods can become spoiled well before their use-by or ‘best eggs in a carton because the shells are still in good before’ date, either because their packing has been damaged or form. Therefore, the ‘best before date’ on the carthey weren’t stored properly at the supermarket. When buying foods, checks for dents, leaks and tears in the packing. If you ton would give consumers some information when can see any sign of damage, don’t buy the product, as it might buying eggs. The Ministry of Health as the regbe contaminated with bacteria. Many products, such as dairy ulator of the Pure Foods Act and the largest egg foods, need to be kept at low temperature to avoid spoilage. supplier in the country, Ram Sami & Sons LimDon’t buy any food that need to be chilled of frozen if they still ited could perhaps act to better label egg cartons. sitting on unrefrigerated shelves, or stacked in over filled fridge. Collect cold and frozen food last When shopping, collect your cold and frozen foods last of all. These foods could spoil before their ‘best before’ if they are allowed to get warm. It is often bets to kip them in a cooler bag while traveling homes. As soon as you arrive home with your groceries, put away our cold and frozen foods Consumer Council of Fiji Newsletter 2007 9 Consumer Advice Internet Scams Recognise them and Protect Yourself Email and the Internet is a wonderful resource that has revolutionized the way humans communicate and access information. Unfortunately, it has also proven to be a fertile medium for the unscrupulous and the morally challenged. Scammers regularly use email in attempts to steal money or personal information from unsuspecting victims. Those inexperienced in the ways of the Internet are especially vulnerable to these scammers. The good news is that it is not difficult to learn how to recognise scam attempts that arrive via email. Included below are descriptions of three of the most common types of email driven scams as well as some general indicators that should help you recognize scam emails. Nigerian Scams: You may receive an email/letter/fax that asks for your help to access a large sum of money in a foreign bank account. The message says that you will get a percentage of the funds in exchange for your help. In all probability, the message is an example of the type of scam known as a Nigerian or “419” scam. The “large sum of money” does not exist. The messages are an opening gambit designed to draw potential victims deeper into the scam. Those who initiate a dialogue with the scammers by replying to the scam messages will eventually be asked for advance fees supposedly required to allow the deal to proceed. They may also become the victims of identity theft. The scammers use a variety of stories to explain why they need your help to access the funds. For example: they may claim that political climate or legal issues preclude them from accessing funds in a foreign bank account. they may claim that your last name is the same as that of the deceased person who owned the account and suggest that you act as the Next of Kin of this person in order to gain access to the funds. they may claim that a rich merchant, who has a terminal illness, needs your help to distribute his or her wealth to charity. If you receive one of these scam emails, it is important that you do not respond to it in any way. The scammers are likely to act upon any response from those they see as potential victims. Lottery Scams: You may receive an email/letter/fax that claims that you have won a great deal of money in an international lottery even though you have never bought a ticket. The email may claim that your email address was randomly chosen out of a large pool of addresses as a “winning entry”. Such emails are almost certainly fraudulent. There is no lottery and no prize. Those who initiate a dialogue with the scammers by replying to the messages will be first asked to provide a great deal of personal information. Eventually, they will be asked to send money, ostensibly to cover expenses associated with delivery of the supposed “winnings”. They may also become the victims of identity theft. DO NOT respond to these messages. DO NOT supply any personal information what so ever to the scammers. General Scam Indicators: The scams described above are some of the most common types of Internet fraud. However, these fraudsters are clever people who may use many variations of the above scams to achieve their nefarious ends. In general, be wary of unsolicited emails that: � Promise you money, jobs or prizes � Ask for donations � Propose lucrative business deals � Ask you to provide sensitive personal information � Ask you to follow a link to a website and log on to an account. Cr W stan If yo now late with row for used owe pay it m mes Cre H The mad The mat and Cre cred and wha are men by l evan rang incl com tion ten Exa P C O H M C H G C Exa C 62 d C paid 10 Consumer Council of Fiji Newsletter 2007 ails nt. no diby will eat on. ked to ted sed lso ento upon ers. s: ove mud. are use ove ariary hat: obs - nsi- nk an Consumer & The Law Credit: Are you getting a Fair Deal for it? What do you understand by the term credit? If you buy goods, services or land now and pay a charge for them later, then you are being provided with credit. You may have borrowed money from a bank, paid for the goods on a credit card, used hire purchase or simply owe money to a business. If you pay a business for credit and use it mainly for personal use or domestic purposes, the Consumer Credit Act 1999 will concern you. How will the Act benefit you? The Consumer Credit Act was made effective on 7 May 1999. The Act requires credit information be presented in a clear and easy to understand format. Credit providers such as banks, credit unions, finance companies and businesses, must tell you what your rights and obligations are in any sort of credit arrangement. They are now required by law to fully disclose all relevant information about your arrangement in a written contract, including interest rates, fees, commissions and other information which in the past was often hidden from the consumers. Examples of credit covered Personal loans Credit cards Overdrafts Housing loans Mortgages Consumer leases Hire purchase agreements Guarantees Continuing credit accounts Examples of credit not covered Credit provided for less than 62 days Credit where no interest is paid Goods leased for less than four months Employee loans Insurance premiums paid by installment Bills of exchange or promissory notes Investment for business purposes Pawnbrokers Trustees of estates After the credit contract is made You are still protected by the Act after you sign the credit contract. Credit providers are required to give you regular account statements that include: all fees and charges details of each amount of credit provided and your repayments during the statement period any transfer to and from other accounts maintained for the purposes of the credit contract the name of the supplier in any credit-card purchases interest charges, including when they were charged the annual percentage rate, including any changes during the statement period the opening and closing balances of the statement period the dates on which the statement period begins and ends the minimum payment owed and the due date for that payment insurance payments made, including the name of the insurer and any commission paid any corrections to previous accounts Note that credit providers are not required to send account statements if your contract only provides for fixed rates and payments or if you have no outstanding debt and your account hasn’t been accessed during the statement period. Problems: What if the credit provider wants to change the contract? Your credit provider can only change the contract if there is a provision in the contract for specific changes. If your credit provider wants to increase Consumer Council of Fiji the amount, frequency or calculation of repayments they must give you 30 days written notice. however does not include interest rates which only require notification up to the day of the change. What if I am admitted in hospital or lose my job? If you are unable to make repayments due to temporary hardship, such as illness or unemployment, you are obliged to first talk to your credit provider and try to come to some sort of written arrangement so as to repay your debt. A court can also order changes to a contract if it considers it is unjust. This does not mean that your debt will be reduced or cancelled. What if the credit provider charges too much? When you sign your credit, lease or contracts, you are agreeing to the fees and charges listed in the Precontractual Statement. So it is important that you understand the fees and charges included in the contract. The Act allows the court to consider whether certain fees and charges are unreasonable or unjust. Newsletter 2007 11 Consumer & The Law however does not include interest rates which only require notification up to the day of the change. What if I am admitted in hospital or lose my job? If you are unable to make repayments due to temporary hardship, such as illness or unemployment, you are obliged to first talk to your credit provider and try to come to some sort of written arrangement so as to repay your debt. A court can also order changes to a contract if it considers it is unjust. This does not mean that your debt will be reduced or cancelled. What if the credit provider charges too much? When you sign your credit, lease or contracts, you are agreeing to the fees and charges listed in the Precontractual Statement. So it is important that you understand the fees and charges included in the contract. The Act allows the court to consider whether certain fees and charges are unreasonable or unjust. Who should I see if I think the Act is being breached? If you have any dispute with your credit provider or feel one of the requirements under the Act has been broken, you can contact the Department of Fair Trading for advice on what action you can take. What if I’m late in repaying and the credit provider threatens legal action? If you find yourself in trouble, do not ignore the notices or warnings sent to you by your credit provider or lessor. Under the Act, you must be given 30 days warning, 21 days for hire purchase before they can enforce their rights under the contract. This gives you time to meet your repayments and talk about possibilities of other arrangements to repay your debt. What happens if the credit provider takes back the goods? Before a credit provider or lessor can repossess or take back goods, they have to give you 30 days written notice and, in some circumstances, obtain a court order. Remember, if your goods are repossessed and sold, your debt may not be cancelled. If you have been notified of repossession and are not sure where you stand, you should contact the Department of Fair Trading for advise. If you find you cannot work things out, you should contact the Department of Fair Trading office for further information or mediation services on telephone: (679) 3305411 or you can visit the office at the Ministry of Commerce and Industry, Naibati house, 9 Goodenough Street, Suva. A copy of the Consumer Credit Act 1999 can be obtained from the Government Printer by contacting on (679) 3385999. Council Proposes for a Consumer Tribunal The Consumer Council is experiencing a significant increase in consumer grievances since 2001. The largest number of consumer complaints recorded are on utilities, groceries, clothing and footwear, white goods, public transportation, warranties/ guarantees, poor back up service and hire purchase. The number of cases referred to the Small Claims Tribunal by the Council has risen as well.. However, many consumers expressed significant frustration at the non- availability of an accessible and simple mechanism for remedy. Small Claims Tribunal requirements have been regarded by many consumers as unsatisfactory because the monetary jurisdiction placed by the Small Claims Tribunal is restricted to $2, 000 at a cost of $5.62VIP paid in fees. If the dispute involves over $2,000 then consumers have no simpler alternative mechanism but to proceed through the Court System. Magistrates Court proceedings are not only costly, but also involve significant delays that clogs up the system. It must be noted that it takes more than 44 months for a civil case to go through the court system. The Independent Review of the Consumer Council in November 2006 suggested that a Consumer Tribunal, empowered to handle all consumer grievances, may be the ideal way to provide remedies to consumers. The Review recommended that the Council should carry out a feasibility study of the proposed Consumer Tribunal to establish its institutional, legal and financial viability. The proposed Consumer Tribunal is intended to be a simple alternative consumer dispute resolution mechanism. It would provide a forum where consumers could obtain quick, informal and inexpensive redress against traders and service providers. It is a mechanism through which consumers would be able to avoid the lengthy processed of the traditional adversarial legal system at the lowest possible cost and with the greatest degree of speed and fairness. The Tribunal can deal with claims of What happens if the credit provider takes back the up to $15, 000. The cost of taking a claim could range goods? from $20 to $500, depending on the amount claimed. It is advisable that before taking out a contract This limit can be determined by the feasibility study. with another person, you should make written arrangements about what is to happen if you have The Consumer Tribunal will have a positive impact partica falling out. If you are going to be a guarantor for ularly on under privileged consumers who cannot afford legal somebody, remember that you will be responsi- representation and it will put less pressure on our Court system. ble for that person’s debt if they decide not to pay. Consumer Council of Fiji Newsletter 2007 7 Global Outlook SNEAK PEEK Save on Eyedrops If your eyedrop prescription says one or two drops, experts say just one generally does the job fine, as a single drop on average contains at least as much liquid as a normal eye can hold. Good advice from the US Consumer Reports on Health that can help you halve your costs. UNBLOCKING DRAINS Caustic soda is more effective at unblocking drains than most “newfangled” chemical cocktails, our sister organization in the UK found when it tested drain unblockers. In fact, some of the new, alternative products is tested were less effective than a kettle of hot water. So try a plunger first to unblock a drain, Which? advises, and if that doesn’t work, use hot water before you resort to chemicals. CHOICE, June 2007 Cola Drinks May Raise Risk of Brittle Bones Young women should be aware of the possible dangers of cola and caffeine containing carbonated beverages and the long term risks to their bone health. Osteoporosis is a significant health issue, especially for women who have a 40 percent lifetime risk of developing an osteoporosis fracture, reports Choice Health Reader. Osteoporosis is a significant health risk for men too although their lifetime risk factor is 13 per cent. Drinking carbonated beverages has been suggested to be linked to osteoporosis risk in women, not only because they then tend to drink less milk, but also because carbonated beverages contain high fructose corn syrup, phosphoric acid and potentially caffeine which all interfere with calcium absorption. Insight: The Consumer Magazine, March-April 2007 AROUND THE WORLD The Consumer Wheel The Consumer Wheel is the quarterly newsletter of the Consumer Council of Fiji. It is aimed at creating awareness about consumer issues and educating consumers. The Consumer Wheel logo is a steering wheel featuring eight inner spokes and five handle bars. The unbroken circles of the wheel represent consumer solidarity. The eight inner spokes are the universally recognized eight basic consumer rights to satisfaction of basic needs; safety; information; choice; representation; redress; consumer education and healthy environment. The five handle bars represent the five consumer responsibilities: critical awareness; consumer action; social concern; environmental awareness and solidarity. The Consumer Wheel welcomes consumer comments and other literally contributions. The editor reserves the right to edit contributions for legal, space or other reasonable reasons. Articles may be reproduced only for non-profit purposes and due acknowledgement be given to cited sources. For inquiries contact: Manager Consumer Education, Information & Awareness Division Private Mail Bag Suva. Phone: 3300792 or 3305748 email: [email protected] Difficult Youngsters Are Born Difficult It’s in their DNA. A study has found that behavioural problems are imprinted in a child’s DNA. The findings overturn conventional thinking on the naturte verses nurture debate. They conclude that naughty youngsters aren’t simply copying behaviour they may have been subjected to at home. Instead, traits such as bullyings, lying,or being argumentative could be passed on the genes. The research, from the Consumer Council of Fiji Newsletter 2007 University of Virginia, indicates that some children would be badly behaved, no matter how loving and caring an environment they grow up in. Behavioural trends are inherited in the same way as eye and hair colour, say the researchers. In a previous research scientist from the National Institute of Health in Washington indentified at least four genes which make their carriers predisposed to criminal activity. They are the original mischief mongers. Insight : The consumer Magazine, March-April,2007 13 Fijian Article Nai tuvatuva, kena vakayagataki kei na vakabula i lavo E levu vei keda e vaka me dua na ka dredrena noda saga meda vakabula ilavo ka vakavuna me da sa gulecava na noda vakatovolea. E dina ni na sotavi kina na dredre ia e dodonu me da vakaitavitaki keda kece kina kevaka eda vinakata me da rawati keda vakai keda. Na vakabula ilavo ena rawa ni da tauyavutaka kina e dua na noda bisinisi, e rawa ni da biuta na nodai lavo ena so na vanua ni vakatubu ilavo, e rawa ni da volia kina vakataki keda e dua na noda vale, dua na noda motoka ka vakakina ena noda rawa ni na walia eso na leqa tubu koso e curu takosovi keda mai. Na noda dikeva ka virikotora na nodai tuvatuva vakailavo ena vukei keda me rawa ni da na vakabula eso nai lavo ka vidavida na nodai lavo me kakua ni da sotava na leqa. Vei keda eda nanuma me tiko sara vei keda e levu nai lavo ka meda qai tuva na nodai tuvatuva vakailavo, kevaka eda sega ni vakayacora rawa yani ena ilavo lailai sara eda rawata tiko, ena yaco na gauna mena sega sara ga kina vakadua vei keda nai lavo. Oqo e vica nai vakasala ena rawa ni na vukei keda me rawa kina ni da na vakabula eso nai lavo:• Vola ena dua na tiki ni pepa nai lavo ni nomu veisaumi/nai lavo o rawata. • Vola kece na veika kece e dodonu me voli kei na sausaumi ena tiki ni pepa vata ga oya. • Soqona vata nai lavo o via vakabula, nai lavo ni nomu volivoli kei na sausaumi. • Musuka mai nai lavo ni nomu veisaumi se nai lavo o rawata. • Vakayacora tiko na veika e koto oqori e cake ena loma ni tolu na vula. Kevaka o raica ni levu nai lavo o na vakayagataka ka lailai na veika o rawata tiko mai kua ni ko yalo lailai. E na rawa ni ko vakasamataka ka torogi iko ena so na taro me vaka oqo:� Na veika eso e volai tu me voli – e yaga dina me voli? � Na sausaumi e volai tu e dodonu me ra saumi taucoko ena loma ni dua na vula? � Kevaka e nomu sau ni taro na sega, 14 e na rawa ni ko tarogi iko tale ena rawa ni ko na sauma na sausaumi qo ena dua tale na gauna? Kevaka eda dikeva na noda bula vakailavo, eda raica ni da vesuki tu ena dredre ni bula ni dinau, e dodonu meda raica na veika eso eda dau malele kina se na noda digidigi. Kevaka o saga mo sauma kece na nomu dinau ka o sega ni rawa ni ceguva rawa ka ni sa rui sivia, curuma e dua nai soqosoqo ni dinau se na ‘credit union’ ka kere dinau me rawa ni na sauma kina na nomu dinau era tu ena veivanua tale eso ka veivosakitaka na nomu sausaumi ena veivula. Virikotora na nomui tuvatuva vakailavo ka vakamuria. Oqo eso nai vakasala ena rawa ni na vukei iko ena nomu saga me vakalailaitaki nai sau ni veika o na volia ka rawa ni ko vakabulai lavo kina. � Virikotora na nomui tuvatuva vakailavo ka vakamuria � Vola na veika o laki volia ni bera ni ko gole ivolivoli. � Tarogi iko ena so na ka o volia – e yaga dina mai vale ka tiko ena nomui tuvatuva vakailavo ni dua na macawa se dua na vula. � Volivoli vakaumauma ka vakayagataka na veitikidua vakarautaki ‘coupons’. � Sikova wavoki na veisitoa me rawa ni ko veidutaitaka nai sau ni yaya ni bera ni ko volivoli. � Vakayagataka vakavinaka na vei lutu sobu ka volia ga na veika e dodonu me voli. � Kauta ki vale ni cakacaka na vakasigalevu mai vale. � Volia nai sulu o kila ni rawa ni ko daramaka vata kei na so tale na kala ni sulu. Me vaka vei keda na marama na liku loaloa – e rawa ni daramaki vata kei na kena kote kala cava ga o rawa ni daramaka vata. � Maninitaka na nomu vakayagataConsumer Council of Fiji ka na nomu talevoni , ka vakayagataka na telecard kevaka o qiri vaka yawa. �Vakayagataka ga na veiqaravi raraba e vakarautaka na talevoni dabe - ‘landline’. Kevaka o gadreva e so tale na veiqaravi tale eso ena vakayagataki kina ena kania e levu nai lavo. � Kakua ni vakabera na nomu sausaumi ena vakavuna me rawa ni taqa tale e cake nai totogi vakailavo me baleta na kena bera. � Kakua ni kerea mai eso nai lavo ‘loan’ ka vakayagataki ena so na ka e sega ni yaga � Maninitaka na nomu vakayagataki livaliva ka vakayagataka na mata ni cina o koya e sega ni kania e levu na livaliva. Porokaramu ena Tabana Vakaviti i) Bula 102 – Mataka ni Lotulevu ena 9.15 ii) Radio Fiji One – Otioti ni macawa ni veivula, Mataka ni siga Vakaraubuka ena 9.30 iii)Takitaki vakamacawa - Volasiga ena siga Tusiti - Lalakai ena siga Vakaraubuka iv)Veisiteseni tale eso – Ena vakatau ena nodratou dui veisureti kei na veiulutaga eso eratou vinakata me veitalanoataki. Newsletter 2007 Hindi Article Consumer Council of Fiji Newsletter 2007 15