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31 Comments

  1. 1

    Juri

    Does anyone know of a website explaining all the “new” clauses of the CPA? I haven’t been able to find an all encompassing one…

  2. 2

    pauljacobson

    Amanda, as far as I am aware, the Consumer Protection Act’s Regulations don’t specify fixed percentages or other figures for the cancellation fees payable when cancelling a fixed term contract. I certainly haven’t seen anything that specifies a maximum of a 10% fee. The Regulations issued right after the Act was implemented set some pretty rough guidelines for what is a reasonable cancellation fee but no figures.

    The NCC may establish further guidelines over time but these cancellation fees may be more depending on the circumstances.

  3. 4

    S

    Hi, I phoned 8ta about canceling my contract and was told that I would have to pay the full amount I would have paid for the duration of the contract as well as an R800 penalty fee. This doesn’t make a whole lot of sense to me. I would not have minded a certain amount, bu there is not reason to cancel the contract if I would end up paying them more than I would if I stuck with the contract. The coverage is pretty bad and I am not impressed.

  4. 5

    pauljacobson

    That is totally wrong, S. In fact the Regulations actually say the penalty can’t be the balance due for the contract term. Charging a R800 penalty on top of that is absolute nonsense. If you have a month or 2 left on your contract then the balance due may be reasonable but I am assuming you have a substantial portion of your contract period remaining?

  5. 6

    Mike

    But what can we actually do about this Paul? I’m also trying to cancel with 8ta, but they won’t budge on their fees. They quoted me R1800 and my contract expires in April next year. This is more than I would have had to pay if I continued month to month. The problem is if they don’t budge on the amount, what can I do to fight this?

  6. 7

    pule

    I had my contract on a phone call. I asked for a top up contract. I only realised that my contract was not a top up after I saw that my calls are unlimited so I need to know how do I cancel that be 4 its too late I have only two weeks using the phone. So I asked them how do I get what I asked there was no reply. So please help me out on how I can cancel it.

  7. 8

    Kutlo Neo Maduma

    With any contract you have a 30 “cooling period” where you can reverse your decision even after signing the agreement. With most contracts these days, even when engaged as a “fixed 24 month” contract for example, some are actually month to month contracts where you can cancel it having given 30 days notice to the provider. Hope this helps.

  8. 9

    chavon

    I took out a data contract on friday 10.05.13 with mtn. The consultant and isunderstood what I wanted the data for and it turns out that I cannot use my laptops wifi to sync with my phone. Now the mtn store is telling me I cannot cancell the contract. According to the call centre I have a 7 day cooling off period. Mtn store now wants to charge me for 12 months usage if I have not even used all the data besides what I used when I tried to sync it with my laptop what are my rights?
    Please help me

  9. 10

    Vodacomisuseless

    “Consumer protection regulations say a reasonable charge may not exceed 10% of the amount you would have had to pay over the fixed term.”

    This is great for consumers (especially for vodacom victims) but I cannot find this in any version of the CPA or any amendments.
    If it is not an error PLEASE point me to where I may find this.

  10. 11

    pauljacobson

    Hi Mike, apologies for not responding to you. What happened with your contract? Did you come right? As for what you could do, you insist on more reasonable charges and keep escalating until you get to someone who is reasonable. It is tricky, though, as consumers we are at a distinct disadvantage.

  11. 12

    ENGELA

    I urgently need help please. My contract was due to expire and I told the Vodacom assistant I want to downgrade as I cannot afford my current contract which was My 500 at cost of R800 pm. He said no problem. I give you Smarl-L which is only R437 pm. He suggested I take the Samsung S4. I said Im not sure as I don’t know how it works. He said I will learn easy. When I got my first account it was R5204 !!!!! to my shock. My previous contract was surposed to still be valid until end March and new contract effective 1 April. Now yesterday I got the huge bill! WILL I BE ABLE TO TAKE THE PHONE BACK AND CANCEL THIS CONTRACT WHICH I WAS NOT INFORMED THAT WILL WORK OUT A HOUSE PRICE !

  12. 13

    Mandla Mhlauli

    Can you pay your cell phone contract deal in advance? i.e if its R299 per month for 24 months, instead of the monthly payments just pay R7176 at one goal and steal enjoy the contract benifits?

  13. 14

    Thato

    Hello I just got a contract phone last month and the first payment is due this month. I realized I can’t afford it and would like to cancel it completely as in they can take back the phone but I do to know what to do n how to go about it please help

  14. 15

    KELE

    GUYS I THOUGHT I LOST MY SIM CARD SO I CALLED AGENT TO BLOCK MY SIM AFTER THREE DAYS I FIND MY SIM CARD I CALLED THEM AGAIN TO UNBLOCK IT, SHE SAY SHE CANT UNBLOCK IT I MUST GO TO TELKOM MOBILE SO I SAY THERE IS NO TELKOM MOBILE IN KURUMAN, SHE SAY TELKOM MOBILE STORE IS IN KIMBERLY AND UPINGTON SO I SAID THAT PLACE IS FAR AWAY FROM KURUMAN I SPENT 300.00 FROM WHERE I LIVE TO KIMBERLY, SO I ASKED ANOTHER OPTION SHE SAID NO OPTION, I ASKED HER IF I CAN SENT SOMEONE BECAUSE I AM WORKING AND I DONT HAVE DAYS TO GO THEE, please help me I don’t know what to do

  15. 16

    leschelle

    I had a contract with MTN 3 years ago when it come to a end I went in store to have it cancelled the consultant then did something on the pc and said it had been cancelled I asked if I need a ref number or need to sign anything and he said no it has now been a year and a month since I cancelled it and my debit orders have stopped coming off my account, and without any prior notice I receive a msg saying that I have been handed over and that I must pay xyz, I can’t see how I can be held liable for this after a year and a month and all that time I was under the impression that the contract was cancelled, if anyone has advice or a contact number please let me know

  16. 17

    Confused

    Can anyone offer help to me? on 28.9.14 I went to a vodacom store as my phone was coming up for upgrade (iphone 4s) the guy told me I can upgrade today. I asked when the iphone 6 was coming out and he said December! I decided to take the iphone 5s that day my contract went from R489 per month to R689 per month which I was happy to pay as I would get triple data! I was very annoyed to find that the iphone 6 came out only 3 weeks after me signing a contract on the iphone 5, am I within my rights to take the 5 back and cancel my contract and get the 6 instead? or at least we given a reduce monthly rate? thanks

  17. 18

    rinaldo

    Hi, I have been struggling with mtn to simply change my debut order date since august 2014 after emailing complaint and phoning and visiting their branches several times. I am realy fed up with this!!! Thay are wasting my time and resources. I want to cancel my contract and will never take out any contract or anything else from them. It is such a simple and small request.
    What can I do or what am I legally allowed to do.
    PLEASE HELP.

  18. 19

    John Fourie

    Can you point met to the part in the regulations that state that the penalty fee may not exceed 10%?

  19. 20

    A

    Log a complaint on hellopeter.com

  20. 21

    Jessie Louise Thorpe

    My friends phone got stolen which lead him to getting a copy of his signed contract (it was stolen with his laptop bag so) and on the contract it say he earns a higher salary than what he told them he was earning and the date he started to work was incorrect. Does anyone know if this can lead to a termination of contract for them falsifying his information?

  21. 22

    Jay

    Hi I took a cellphone contract with Telkom on Monday (02/03/2015). i’m not happy with the phone. I did call them but they say they cannot cancel the contract. The lady says only if there is problem with the phone or network in the area. please help.

  22. 23

    Tracey Wild

    So Vodacom are unilaterally changing my contract by increasing the price 20 months into my contract. I specifically asked at the time of signing about price increases and was told, twice, by the consultant that the price was fixed for the period of the contract. I was never given a copy of the contract in spite of several requests including two written requests. I feel that they are in breach of contract. Who do I contact for assistance with this problem?

  23. 24

    Lndoo

    Hi. I have serious issue with Virgin Mobile, who claims that I was suppose to cancel my contract phone that was due on 13.01.2015. However, they never contacted to advice whether i would like to continue with the package of the current deal . Now i have to pay them until end of May 2015 after I have surve a notice to cancel the contract that I am no longer using . It is very sad that the business in our country is not helping its consumers. How can I be assisted on this matter.

  24. 25

    Johann

    Hi paul
    I have three data contracts with vodacom for a signed pirriod for the amount the are charging me, yesterday I received n notification of a price increase on my contract can the just do that?

  25. 26

    Johann

    Hi I have the same issue

  26. 27

    Monique Lee Dwyer

    Hi
    My dad and my daughter have Vodacom contracts. The signal at home is so bad. We have lodged complaints and get told that perhaps in a year they might put up another tower, I can’t go another year like this. I’m on Telkom and have perfect signal. It’s so frustrating if I try to call home and they don’t answer because of signal problems, yet they advertise on tv that they’re the best network and give the impression that you won’t struggle with signal if you’re with Vodacom but if you’re with other networks you will. That’s so false. I want to cancel the contracts but now I must pay a penalty fee, but they’re not delivering the service I’m paying for. Are they allowed to do that or do they have to release me from my contracts?

  27. 28

    J Klue

    Hi icw
    Can cell c , after my 2year contract with them , still kept me responsible for paying the monthly sipsription if I did not use the phone or number anymore , I also did no upgrade after the 2 years , I actualy forgot I still had a cell c number and used the handset for vodacom prepaid .

  28. 29

    ntenteni Skhumbuzo

    hello, can anyone tell me what are the rights of the consumer if the cellphone provider of the contract is not keep their end of the bargain

  29. 30

    Cheryl Cavanagh

    Just over 2 years ago I took out 2 phone contracts (one for
    my daughter and one for my son) with Nashua Mobile. The phones were to be used
    for data not calls so I set the call limit on each to a R1.00 limit and the
    phones would be soft locked if the data bundle was exceeded. Thus, I was
    assured that I would not be charged anything over R802 in a month and and so I filled
    out a debit order on my Standard Bank savings account for the 2 year contract.

    All ran smoothly – every so often one of the kids would go
    over their data limit and the phone would be soft locked. A call to Nashua
    Mobile would rectify this.

    All of a sudden monthly amounts of over R1000 and even over
    R2000 were being deducted from my account. Investigation revealed that Nashua
    Mobile had been bought out by Altech Autopage.

    On enquiry I was told Autopage could not honour limits
    previously set with Nashua. I negotiated new limits for soft-locking the
    phones. These limits however were never enforced and random amounts always over
    R1000 or R2000 continued to be deducted from my bank account each month. After
    many phone calls and much head-banging I gave up and decided to just grit my
    teeth and bear it as the contracts had almost run their course.

    A few months before the 2 years was up my son’s phone
    stopped working. I tried to end the contract but was informed this was not
    possible. It surprised me that I had to stick to the letter of the original
    contract even though Autopage had not but I realised I had no chance in this
    dispute so continued paying for both phones although only one was in use.
    Amazingly, my monthly payments did not decrease although only one phone was now
    operational.

    A month before the date of the contract end I went in to
    give notice but was told to come back on the actual date of the contract end. I
    returned on this date and was told that I should have given a months notice and
    would have to continue the contract for another month. I threw my toys and,
    again many phone calls later, was eventually assured that both contracts would
    be cancelled on the 28 October.

    Incidentally I tried to port the numbers across to the kids’
    new phones but Autopage refused to co-operate with this. Thus, my son’s
    contract was to be totally cancelled but my daughter’s was to be changed to
    prepaid as she works for a doctor and needs to keep her number. I was assured
    that the actual contracts however were both over and there would be no more
    charges on them.

    I breathed a sigh of relief …. too soon.

    On the 31 October at 7.47am I received two emails, both for
    my daughter’s phone. One told me she had exceeeded her limit of R200 and one
    told me she had exceeeded her limit of R500. Both told me I would now be
    debited R4418.47.

    I queried how the limit could be exceeded by so much and was
    told that data was not recorded overnight or on weekends and therefore the
    phone might not be locked immediately. This would imply that in the last month
    of her contract my daughter in one night or one weekend used more than ten
    times her limit and more than double what both phones had used at any time
    during the two years. I suppose this is possible if unlikely. Especially unlikely in light of two facts –


    I then received an invoice informing me that
    from the 27 September to the 1 October I had been charged R1975.19 which had
    been deducted from my account. Since R1975 is way over her limit already why
    was the phone not soft locked at that point?


    Also, as pointed out by my daughter, 2 weeks
    prior to the end of her contract she realised she had almost used her data
    bundle so she phoned Autopage and purchased a R70.00 data bundle which they
    loaded. When they switched her phone to prepaid a week prior to the 28 October
    they just made her forfeit what she had left of this data bundle. Thus, in over
    a week she did not even use R70 of data. And how could she be accruing data
    expenses when she was using a purchased bundle and then prepaid?

    I now seriously doubt the validity of all the charges for
    data over all the months of the contract. I suspect stongly that I have very
    much been ripped off all along as well as having had my contract terms not
    adhered to. But this was not the end of it – a few days later I received an
    invoice informing me that for some unknown reason I now owed over R5000. It
    keeps going up even when no phones are in use??

    All this leaves me with some problems:


    I do not wish to pay Altech Autopage one more
    cent. In my entire life I have only had three accounts – but now I will end up on some bad debt list.


    How do I protect my money from Altech Autopage?
    I have phoned Standard Bank a few times but have been told that, although my
    original debit order was for a two year contract, there is no way they can
    block this company from debiting my account with any random amount. This means
    that for the rest of my life I have to check whether any money has been
    deducted and then phone the bank to do a reversal. I cannot believe that my
    money is so poorly protected.


    My only alternative is to close this account
    that I have had for about thirty years, and open a new one. This will entail
    trying to get my pension payment transferred to a new account.


    Since I am currently in Stellenbosch dealing
    with the aftermath of two break-ins while my son is studying for uni exams, I
    am not able to visit my branch of Standard Bank

    As an update: I have received two emails informing me that
    my service is suspended due to non-payment??? At last as to the suspension I am
    so thrilled – have been trying for months to get this contract closed..

  30. 31

    Raghmah

    I have a contract with telkom mobile which ended in December 2015. I have since tried to cancel it but to no avail. I have emailed them my contract cancellation forms on 08 Jan 2016 and i am yet to receive any sort of confirmation from them. i have tried calling, using the telkom chat helpline, emailing with no response. What is my next step? I already got a bill for February!!!! I am at my wits end

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