I was mislead into getting a contract with a gym and now they want to take legal actions because I didn’t pay after they deducted money from my account for the first month without my consent
I am in need of advice regarding my cancelled contract with CellC which was not approved and I am constantly bombarded by the debt collectors. I feel a victim and all my attempts to solve this failed. I did not go to a lowyer as the sum is not that that big and I cannot afford to pay for a lawyer. I do not think I am liable for the amount, contrary I believe that they owe me money.
I took two contract with CellC in march 2012 . The reason I went to CellC was to port my 082 number to CellC and get a contract. I did that plus I ended up with another contract for a tablet (084) as the manager insisted is such a good deal.
This tablet contract I ended up cancelling it due to the followings:
1. The tablet did not work (did not connect to Telkom Wi-Fi and this was the only reason I wanted the tablet, to do skype calls via Wi-Fi connectivity) so I took it back the next day in the morning to the shop. The technician sent the device for repairs as the tablet could not connect to the store Wi-Fi.
2. I did not get any service with my other contract I took in the same day (i could not receive international sms.es or send and receive any mms.es after I talked with many consultants and saw the technician in store twice). My parents leave in Europe and smses was the cheapest option to communicate but CellC denied it for me.
3. There was almost no signal in the area where I was involved in the process of the building of our new house. The phone was almost never ringing, I was just bombarded with voice mails although my phone was on all the time. When I wanted to make a call nothing was happening. I had to switch the phone off and switch it back on in order to make a call. But this alone did not help, I had to drive at least 1km to get a signal. I had to do this several times a day and I lost many calls/day which made my life so frustrating and stressful.
When the device came back for repairs in 4 weeks or so, I did not take it back and opted for cancellation seeing no one is interested in helping out with the issues mentioned above under no.2 plus the reception was a nightmare. I returned all the contents in the box which Vincent ticked as I returned (The phone was still in their possession, I had it only overnight from the time I signed the contract to the next morning when I went with it back to the store. I used it only to send an sms or so and I never removed the foil from the phone).
All this reasons were mentioned to Vincent, the technician that did the cancelation. He said he will do an OBF cancellation. In my mind I gave him the reasons and I wanted the contract to be cancelled due to all these reasons. If I knew that the cancellation was done purely because of a faulty device I would have argued it. I found this out about 15 months later… when I talked to the cancellation department. I also found out that the cancellation was not approved although every time I was going to the store they were saying they are still waiting for response.
CellC debited my account for over a year until I went to the bank and asked to reverse the debit orders which they couldn’t do, they just reversed one payment. After this I started to be harassed from their call center and later from debt collectors. I misplace the cancellation of the contract and only CellC has the cancelation form. One time the debt collector asked me for an affidavit to confirm my claims, which I did. I have the affidavit signed by police in which I state that I indeed cancelled the contract as well as the reasons why I cancelled it. This did not solve anything. I wrote twice to HelloPeter and two people contacted me from CellC. I wrote them both the story and emailed them the affidavit but I never heard from them again.
They debited about R1500 from my account and they want me to pay the balance of R1500 or so. I am struggling to get good credit card interest and I am wondering if is because of them. This is stressing me so much that I had to go to a dr for chest stabbing discomfort due to stress. All the calls and sms they send me to settle my account are overwhelming me and affecting my health. As I said, I believe they owe me money and they have no write to treat me in this way…….
Your feedback would be greatly appreciated.