1 reviews | Active since Nov 2016
Declined Claim
<p> In 2012 I took out the policy when I got my contract from MTN in Bloemfontein College Square. I was not given a hard copy of the terms and conditions of the insurance. I specifically asked the sales consultant if there was anything I should know beforehand or that I should be aware of that could influence my policy and he said no.</p> <p> </p> <p>I upgraded from an iPhone 5s to an iPhone 6 and was still not informed of any terms and conditions. My phone fell out of my pocket into the toilet in November 2016. My claim was declined due to the fact that I did not inform them of my handset upgrade. When I told them that no one gave me a hard copy or any visual form of the terms and conditions they told me that they sent me an SMS with a link attached with the terms and conditions..... an SMS??? </p> <p>I told them I have a 4-year-old son who sometimes plays with my phone and deletes apps, messages and so forth, but still they said that the insurance clearly states that I have to notify them of any changes.</p> <p> </p> <p> No one notified me of the terms and conditions. The CONSUMER PROTECTION LAW clearly states that:</p> <p>PART G</p> <p>RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS</p> <p>Unfair,unreasonable or unjust contract terms</p> <p>48. (1) A supplier must not-</p> <p>(c) require a consumer, or other person to whom any goods or services are supp**** at the direction of the consumer-</p> <p>(ii) assume any obligation; on terms that are unfair, unreasonable or impose any such terms as a condition of entering into a transaction.</p> <p>AND</p> <p>(2) a term or condition of a transaction or agreement, or a notice to which a term or condition is purportedly subject, is unfair, unreasonable or unjust if - </p> <p>48. (2) (c) the consumer re**** upon a false, misleading or deceptive representation (MTN) provided by or on behalf of the supplier (24hr mobility) to the detriment of the consumer;</p> <p>(ii) the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisfies the applicable requirements of section 49 (to follow)</p> <p>You CANNOT send me an SMS with a link attached with very very important information that will affect my policy! The least you could do is phone your clients and ask them if they did receive it and read it!!! I wrote in my motivation letter to the managers stating that I did not receive any form of visual, hard copy or any terms and conditions. Even if you send me the proof that the SMS was delivered...where is the proof that is was read by me. I also told you that I have a 4-year-old son who has the habit of deleting stuff from my phone. It is unfair, unjust and unreasonable to send important information regarding my insurance via SMS....it is irresponsible , unfair, unreasonable and just plain stupid.</p> <p> </p> <p>The consumer protection law states that:</p> <p> </p> <p>NOTICE REQUIRED FOR CERTAIN TERMS AND CONDITIONS</p> <p>49. (1)Any notice to consumers or provision of a consumer agreement that purports to-</p> <p>(c)impose an obligation on the consumer to indemnify the supplier or any other person for any cause; or</p> <p>(d)be an acknowledgement of any fact by the consumer in a manner and form that satisfies the formal requirements of subsections (3) to (5)</p> <p>(4)The fact, nature and effect of the provision or notice contemplated in subsection (1) must be drawn to the attention o the consumer-</p> <p> (a) in a conspicuous manner and form that is likely to attract the attention of an ordinarily alert consumer, HAVING REGARD TO THE CIRCUMSTANCES; </p> <p>(b) before the earlier of the time at which the consumer</p> <p> (i)enters into the transaction or agreement...</p> <p> (ii)is required or expected to offer consideration for the transaction or agreement</p> <p> </p> <p>AND I CAN GO ON WITH THE LAW</p> <p>51. (1) A supplier must not make a transaction or agreement subject to any term or condition if-</p> <p> (b) it directly or indirectly purports to-</p> <p> (i) waive or deprive a consumer of a right in terms of this Act</p> <p> (ii) avoid a suppliers obligation or duty in terms of this Act</p> <p> </p> <p>And don't think about posting what your terms and conditions states, I know know what is says. The way you supp**** the terms and conditions are against the Law.</p> <p> </p> <p>Why do you want to lose clients? instead of gaining new ones. I will never recommend your service.</p>
And before you say that the underwriter is bound by the terms of the policy, is he not firstly bound by the law?
And before you say that the underwriter is bound by the terms of the policy, is he not firstly bound by the law?
Dear Ms Leandri Wessels,
Thank you for bringing your concerns to our attention.
As the broker I do not have the authority to over turn the decision of the underwriter. I can however provide you with factual clarity regarding the policy wording and can assist with any changes or cancellation's required etc.
Please be advised that short term Insurance is governed by FAIS law and Short Term Insurance law.
Should you feel unfairly treated by the outcome of your claim you would need to approach the Short Term Insurance Ombudsman who is there to ensure fair business practice within the Short Term Insurance industry. Only they have the authority to over turn the decision of the underwriter.
The underwriter is bound by the terms of the policy and can only provide cover for insured items on the system. The risk item you are claiming on is not covered under the 24hr Mobility policy.
Should you no longer require the policy for your Apple Iphone 5s 32GB please can you submit a cancellation request in writing or contact our queries department on *** for cancellation.
Kind Regards
Megan Hope
Claims Manager - Pinnacle Marketing
***
Dear Ms Leandri Wessels,
Thank you for bringing your concerns to our attention.
As the broker I do not have the authority to over turn the decision of the underwriter. I can however provide you with factual clarity regarding the policy wording and can assist with any changes or cancellation's required etc.
Please be advised that short term Insurance is governed by FAIS law and Short Term Insurance law.
Should you feel unfairly treated by the outcome of your claim you would need to approach the Short Term Insurance Ombudsman who is there to ensure fair business practice within the Short Term Insurance industry. Only they have the authority to over turn the decision of the underwriter.
The underwriter is bound by the terms of the policy and can only provide cover for insured items on the system. The risk item you are claiming on is not covered under the 24hr Mobility policy.
Should you no longer require the policy for your Apple Iphone 5s 32GB please can you submit a cancellation request in writing or contact our queries department on *** for cancellation.
Kind Regards
Megan Hope
Claims Manager - Pinnacle Marketing
***
Dear Megan Hope, I know the Short Term Insurance Industry are excluded from the CPA,
I know the Short Term Insurance Industry are excluded from the CPA, however it merely means that the Short-Term Industry will not be regulated by the CPA.
S10 of Schedule2 of the CPA indicates that the Short and Long-term insurance act must be aligned with the consumer protection measures provided for in the CPA, failing which the CPA will apply to the short and long-term insurance industry.
Terms of the insurance contract can be ruled as unfair, unjust or unreasonable if they are:
4.3 The insured agreed to the contract, subject to certain terms, of which it was NOT NOTIFIED. In this event, an insurer would need to show that it drew the insured's attention to such terms.
In my opinion sending an SMS and NOT FOLLOWING UP to see whether YOUR client received it does not qualify as drawing the insured's attention. What do you think Megan?
My case is fairly easy..... I took out the policy
I took out the policy
I did not receive a hard copy of the terms and conditions from MTN
I did not receive an SMS from my insurance company (that's you)
I did not even get a call, SMS or email from my insurance company stating that they no longer work with MTN
Now that I want to claim you decline my claim due to the Terms and Conditions.....which I DID NOT GET.
And even if you send me proof (which you did) that you send me an SMS, that still does not count as drawing the insured's attention to the terms that will CANCEL the policy.
Sending SMS's is for children and chit chats between friends and family. You do not do business or more important send contracts or TERMS AND CONDITIONS via SMS.
And no I don't want to cancel my policy. I have paid almost R6000 for 24HR Mobility Insurance for the policy and I will not lose it now. The insurance policy must start to work for me now.
Dear Megan Hope, I know the Short Term Insurance Industry are excluded from the CPA,
I know the Short Term Insurance Industry are excluded from the CPA, however it merely means that the Short-Term Industry will not be regulated by the CPA.
S10 of Schedule2 of the CPA indicates that the Short and Long-term insurance act must be aligned with the consumer protection measures provided for in the CPA, failing which the CPA will apply to the short and long-term insurance industry.
Terms of the insurance contract can be ruled as unfair, unjust or unreasonable if they are:
4.3 The insured agreed to the contract, subject to certain terms, of which it was NOT NOTIFIED. In this event, an insurer would need to show that it drew the insured's attention to such terms.
In my opinion sending an SMS and NOT FOLLOWING UP to see whether YOUR client received it does not qualify as drawing the insured's attention. What do you think Megan?
My case is fairly easy..... I took out the policy
I took out the policy
I did not receive a hard copy of the terms and conditions from MTN
I did not receive an SMS from my insurance company (that's you)
I did not even get a call, SMS or email from my insurance company stating that they no longer work with MTN
Now that I want to claim you decline my claim due to the Terms and Conditions.....which I DID NOT GET.
And even if you send me proof (which you did) that you send me an SMS, that still does not count as drawing the insured's attention to the terms that will CANCEL the policy.
Sending SMS's is for children and chit chats between friends and family. You do not do business or more important send contracts or TERMS AND CONDITIONS via SMS.
And no I don't want to cancel my policy. I have paid almost R6000 for 24HR Mobility Insurance for the policy and I will not lose it now. The insurance policy must start to work for me now.
Dear Ms Leandri Wessels,
The underwriter is bound by the terms of the policy and can only provide cover for insured items on the system. The risk item you are claiming on is not covered under the 24hr Mobility policy.
Should you wish to take the matter further you would need to contact the short term insurance ombudsman as only they have the authority to over turn the decision of the underwriter.
Ombudsman for Short Term Insurance:
Physical Address Sunnyside Office Park 5th Floor, Building D, 32 Princess of Wales Terrace, Parktown
Phone Number For your convenience, an easy to remember share call number 0860 OMBUDS (***)
E-mail ***
Kind Regards
Megan Hope
Claims Manager - Pinnacle Marketing
***
Kind regards
Megan Hope
Dear Ms Leandri Wessels,
The underwriter is bound by the terms of the policy and can only provide cover for insured items on the system. The risk item you are claiming on is not covered under the 24hr Mobility policy.
Should you wish to take the matter further you would need to contact the short term insurance ombudsman as only they have the authority to over turn the decision of the underwriter.
Ombudsman for Short Term Insurance:
Physical Address Sunnyside Office Park 5th Floor, Building D, 32 Princess of Wales Terrace, Parktown
Phone Number For your convenience, an easy to remember share call number 0860 OMBUDS (***)
E-mail ***
Kind Regards
Megan Hope
Claims Manager - Pinnacle Marketing
***
Kind regards
Megan Hope