| From: | Susan St Jame |
| Sent: | Sunday, April 30, 2006 5:21 PM |
| To: | Morias Events |
| Subject: | Re: Your reply to my email |
Appreciate your prompt reply to my email. Perhaps I might suggest you don't shoot the messenger. Before I forwarded you this email that was also sent to me, I confirmed it was authentic and a legitimate letter through contacts in the business community.
May I suggest you also check with the independant media repesentative yourself to see if this is a legitimate letter which is clearly not defamatory. Surely you would want your company and your attendees to be protected and your would appreciate being notified of such community concerns.
(Refer to original letter) Email a copy of your complaint letter to the following email address to consolidate the complaints email: anph@rvmediaworld.com
Ann Phua ph: 9762 3158
Good luck with your event.
Susan
Dear Susan James,
Thank you for your email.
We would like to correct your understanding that XL Results Foundation Pte Ltd is a sponsor of the Social & Business Women's Network (SBWN) event to be held on the 18th May 2006.
XL Results Foundation is merely one of the supporting organizations of the event mentioned. Their participation strictly brings entrepreneurial content via the distribution of their magazines during these events, in return, XL Results Foundation assists us by advertising the event to their list of members.
In light of your advice, we appreciate your concerning tone but suggest that you direct it to the appropriate authorities as we are unable to assist you in your cause.
Please note that this matter will be addressed with XL Results Foundation Pte Ltd to make clear the defamations made by yourself.
Sincerely Yours,
Aaron Francis Morias
Founder
SBNS
SBWN
| From: | Susan St Jame |
| Sent: | Friday, April 28, 2006 6:08 PM |
| To: | SBN Singapore |
| Subject: | 18th May networking event - Sponsor XL |
Secretariat
I refer to the invite received for the inaugural networking night on the 18th May. As your sponsor is XL Results Foundation Pte Ltd, I decline the invite.
Let me know when you have your next event and I would like to attend. I wish no involvement with this organization, document as attached.
I suggest you do some homework first.
Susan James
Dear Friends
We are filing an official complaint against Roger Hamilton & Dave Rogers of XL Results Foundation Pte Ltd, (a private limited company registered in Singapore) on its unfair business practice to the Consumer Authority in Singapore and the Singapore Business Federation. If you share the same views as we do please sign the attached letter of complaint and we will consolidate the complaints together.
This will be in the strictest of confidence. We will also inform the media in the region of the complaints.
Email a copy of your complaint letter to the following email address to consolidate the complaints email: anph@rvmediaworld.com
Please sign and fax/scan/email the specimen letter of compliant to these authorities. Reword the letter to address your issues with XL Results Foundation Pte. Ltd.
Specimen Letters to:
| 1) | Consumer Association of Singapore 170 Ghim Moh Road #05-01 Ulu Pandan Community Building Singapore 279621 Fax: 6467 9055 Email: complaints@case.org.sg |
| 2) | Advertising Standards Authority Of Singapore Tel: 6461 1888 Fax: 6463 7048 Email: asas@case.org.sg |
| 3) | Ministry of Trade & Industry 100 High Street #09-01 The Treasury Singapore 179434 Trade Division Fax: (+65) 6334-8140 Email: mti_fta@mti.gov.sg |
| 4) | International Business Development Division Fax: (+65) 6334-7520 |
| 5) | Singapore Business Federation 10 Hoe Chiang Rd #22-01 Keppel Towers Singapore 089315 Fax 6827 6807 Umar Abdul Hamid, Vice Chairman |
Specimen Letter
Date: March, 2006
To:
Dear Sir
We are members of XL Results Foundation Pte Ltd for which we pay a fee of USD$ ……for membership fee.
We would like to make a complaint against XL Results Foundation Pte Ltd for the following reasons
1. Misrepresenting members using the name FOUNDATION as a private business concern
2. The following list of services that warrants our membership entitlements are not delivered.
a)
b)
c)
Singapore is reputed to be a safe and honest business enterprise. We do not understand how XL Results Foundation’s name can be registered when it is NOT A FOUNDATION and do not carry out the function of a foundation but instead operate as a private business enterprise.
Yours faithfully
Name
Address:
Country:
1. What constitutes an unfair practice under the Act?
It is an unfair practice for a trader, in relation to a consumer transaction-
- to do or say anything, or omit to do or say anything, if as a result a consumer might reasonably be deceived or misled;
- to make a false claim;
- to take advantage of a consumer if the trader knows or ought reasonably to know that the consumer
- is not in a position to protect his own interests; or
- is not reasonably able to understand the character, nature, language or effect of the transaction or any matter related to the transaction; or
- to do any of the 20 unfair practices listed in the Second Schedule of the Act.
The court, in determining whether or not a trader has engaged in an unfair practice, would consider the reasonableness of the actions of the trader. The court would also take into account, in granting remedies to the consumer, whether the consumer tried to resolve the dispute with the trader first before commencing action.
2. What could a consumer who has encountered an unfair practice do to seek recourse?
The consumer should first seek to resolve the dispute with the trader. Businesses should consider having in place a dispute resolution or alternative mediation process so that there is a platform for settling disputes with consumers. Currently, mediation services are available through Community Mediation Centres, Singapore Mediation Centre, CASE and various industry-specific mediation facilities. If the dispute cannot be settled, the consumer may file a claim in court for civil remedies. Most claims for unfair practice under the Act should be filed in the Small Claims Tribunal . When considering a claim for unfair practice under the Act, the court will take into account whether the consumer made a reasonable effort to minimise any loss or damage resulting from the unfair practice and resolve the dispute with the trader before commencing action. The consumer may also have rights of action under contract or tort law. The consumer should seek legal advice in case of uncertainty.
3. Is there a cap on the amount of claim that can be filed under the Act?
Yes, there is a cap of $20,000 on the amount of claim that can be filed under the Act.
4. By when should aggrieved consumers file a claim in court?
Consumers should file their claim within one year from the occurrence of the unfair practice or the earliest date when the consumer could reasonably have discovered the unfair practice, whichever is later.
5. What are the remedies that the court may grant under the Act?
The court may grant remedies that include variation of the contract, orders for repair or replacement, restitution of money or property, award of damages for loss or damage suffered as a result of the unfair practice or (in appropriate cases) order of specific performance. In the case of the Small Claims Tribunal , it may make orders under section 35 of the Small Claims Tribunal Act, such as orders to pay money and work orders to rectify a defect in goods or to make good any deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of goods or parts) as may be specified in the order.
6. What are the transactions that are excluded from the Act?
Please refer to the First Schedule of the Act. Land transactions are excluded from the Act. Rentals of residential property and services provided by real estate agents to their clients are however included. The Act will also not cover investment, insurance and banking transactions and other financial activities already regulated by specified legislation administered by Monetary Authority of Singapore or certain other government agencies.
7. How does the Act address the problem of those traders who consistently engage in unfair practices?
There are provisions targeted at traders who persist in engaging in unfair practices. Under the Act, a District Court or a High Court could grant a declaration and an injunction against an errant trader, on the application of a specified body. CASE and the Singapore Tourism Board will be appointed as specified bodies under the Act to look after the interests of local consumers and tourists respectively. Before filing an injunction, the specified body must first obtain the endorsement of an Injunction Proposals Review Panel. The Panel will review whether there is a public interest to be safeguarded through the injunction.
Process-wise, unless there are exceptional circumstances surrounding the unfair practice that warrant the specified bodies doing otherwise, the specified bodies should first offer an errant trader a non-litigious option in the form of a Voluntary Compliance Agreement (VCA) before an injunction is applied for. A VCA is a voluntary agreement between a specified body and the errant trader, whereby the trader agrees not to engage in an unfair practice. The trader is free to turn down the option and instead let the Panel and the court decide on the injunction application.
8. Would consumers be able to cancel contracts under the Act?
MTI has gazetted regulations to allow for cancellation of time share and direct sales contracts within a 3-day cooling off period (excluding Sat, Sun and public holidays). The cooling off period is specifically targeted at situations where the consumer is subjected to high-pressure sale tactics. During the cooling-off period, consumers should review their purchasing decision and, if they decide to cancel the contract, give the trader notice of cancellation in the manner provided under the Regulations.
In the event that the consumer encounters an unfair practice in the course of a time share or direct sales transaction, he would still be able to commence action under the Act and seek civil remedies. He may also exercise any other rights of action he may have under any other law, for example, contract or tort law. This is irrespective of whether the 3-day cooling off period has lapsed.
9. Where can one obtain a copy of the Act?
The full text of the Consumer Protection (Fair Trading) Act can be accessed at the MTI website.
10. When would the Act and the Regulations come into effect?
The Act and the Regulations came into effect on 1st March 2004.
<<End of Word Document Titled: xlcomplaintletter. Author: Linda Ruck. Last Printed 17th February>>