Consumer Magazine

Issue 496 letters

The latest letters from our subscribers, as featured in the October issue of Consumer (#496).

Unrequested overdraft

My son’s ASB debit card was stolen and money withdrawn from his account putting it into overdraft by $100. My son wasn’t aware he had an overdraft and never requested it. ASB said they allowed the overdraft because my son manages his money well, when in fact he doesn’t. ASB shouldn’t have given my son an overdraft that he didn’t ask for and should refund him the $100.
A member

We agree that the bank should not have made the overdraft available in these circumstances. They should refund the money. If the bank won’t do so, you could complain to the Banking Ombudsman (www.bankomb.org.nz).

Photography bind

I signed a purchase contract for photos from a professional photographer. I contacted the photographer six hours after signing the contract to ask if I could change my mind about which photos I wanted. The contract states I’ll pay by credit card but the photographer’s phone had been cut off so the transaction wasn’t completed. The photographer told me I signed a binding contact and have to pay. Am I required by law to pay?
A member

Usually when you enter into a contract you’re obliged to fulfil it. Whether you can change your mind will depend on the terms and conditions of the contract you have signed. You’ll need to read it to see if there are any special clauses that could help you. Otherwise, you’re probably bound by the contract.

Repairs under pressure

My watch needed a new battery so I had it sent to Seiko through a local jewellery store. I was surprised to be charged $105 and so I asked the store for a detailed invoice but was given a scrap of paper with some prices on it. Am I legally entitled to a proper invoice with details of the work done and parts charged for? I have nothing to say what work was done on my watch. I had also told the store manager that I didn’t want the watch pressure tested but he can’t remember if he passed on that information to Seiko. The store manager told me $50 of the bill was for a pressure test. I’ve paid the bill to get my watch back. How can I find out whether this is reasonable?
Adrian Turner

There’s no legal requirement for you to be given a detailed invoice, or a copy of Seiko’s account, but there’s no reason why you shouldn’t be given these if you ask. Under the Consumer Guarantees Act any service bought without a quote should only be charged at a “reasonable” rate, consistent with what similar providers would charge. You could ask other jewellers what they charge and if it seems you were overcharged, you could complain to the jeweller and take a claim to the Disputes Tribunal. You also shouldn’t have been charged for the pressure test if you’d made it clear to the shop you didn’t want it done.

Energy use

I would like to know how much energy my appliances are using and how much they’re costing me to run. Is there an easy way to measure this?
A member

You could buy a small plug-in power meter like an Elto. They’re about $20 to $25 from hardware stores. You plug the Elto into the wall socket and plug your appliance into the Elto. The Elto can be set up to display technical information like voltage, current, frequency, power factor, watts, and kilowatt hours. But for most householders the most useful read-out will be running costs. Key-in the price you pay for electricity and the appliance’s running cost in cents per hour is displayed.

Clarification: In Consumer 495 (September 2009), we said that a plumber who installed a faulty hot-water cylinder for one of our members was responsible for rectifying the problem under the Consumer Guarantees Act (CGA). We should have made it clearer in the letter that the plumber supplied and installed the hot-water cylinder. If our member had bought the cylinder and got the plumber to install it, the CGA would still apply. But in that case whether the manufacturer, the retailer or the plumber was at fault would have been more difficult to determine. Our thanks to Mander Plumbing of Johnsonville for pointing this out. 

Write to us

If you have a question about your rights, or a useful experience to share with other consumers, drop us a line at:

Letters to the Editor
Private Bag 6996
Marion Square
Wellington 6141

Or email: editor@consumer.org.nz

Disclaimer: Our published answers to members' queries are often abbreviated and general responses to complex legal situations. They are not intended as specific legal advice.