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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Frasers over charged for service

Customer Question

Frasers charged us for two 20ft containers during our relocation and only had one 40ft container delivered and packed items into it. They have so far refused to refund us and we have lodged several complaints with various government agencies. My department paid separately for a 20ft container and I paid for an additional 20ft container due to excess furniture. Now AGS Frazers tell me they did me a favour by bringing a 40ft because my furniture needed more volume. However, this is not true as i have pictures to prove that my furniture did not fill the 40ft container. Ultimately a 40ft container is cheaper than two 20ft containers that i was billed for.

Submitted: 4 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 4 years ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

I assume the quoted on a 20 ft container? I also assume that they did not check with you when they changed it to a 40ft container?

Have you paid them already?
Customer: replied 4 years ago.

they quoted us on 2 - 20ft containers (so doubled the price), we paid and then on the date of moving brought only 1 - 40ft container,

Now the charges should be less, because it costs less to ship one container rather than 2, so we wanted to be refunded the difference.

We have paid and moved already, we have contacted the insurance ombudsman, but they cannot help.

thanks - do we have any legal recourse we can take?

Expert:  WCLawyer replied 4 years ago.
How much less? Was this for you, privately, or for your business?
Customer: replied 4 years ago.

private, and we are estimating that it was about USD 5000, overcharge

Expert:  WCLawyer replied 4 years ago.
Are they a South African company?
Customer: replied 4 years ago.

Yes, they are AGS Frasers.

Expert:  WCLawyer replied 4 years ago.
Did you at any time request a 40ft container instead of two 20ft containers? Was the option even presented to you?
Customer: replied 4 years ago.

Yes we have/had asked for the two twenty foot containers, therefore when they brought the forty, they should have refunded us the difference.

Expert:  WCLawyer replied 4 years ago.
I understand what you are saying, but at the base, this is a contract whereby Frasers agreed to move certain things from one place to another at an agreed price. I seems to me that it needed 40ft worth of container to get these things moved and that there was no dispute between the parties on that issue.

I am, therefore, unfortunately of opinion that you would not have an argument of a refund, unless it transpires that all of these things could have been transported in one 20ft container, or if they talked you out of using a 40ft container for whatever reason and talked you into using two 20ft containers and then used one 40ft container anyway.

But in its very basic form, they quoted you a price to get certain goods from point A to point B, to which you agreed to. Unless the 'how' has been a material issue during the negotiations, I do not think that you would be entitled to a refund, unfortunately.

There is also nothing in the Consumer Protection Act that will aid you, as far as I can ascertain.

I know that this is not what you wanted to hear, however, I cannot do anything other than provide an answer that is, in my opinion, legally sound and sometimes it will not be in your favor. If you have any follow up questions, feel free to ask them. If not, kindly rate the service.