ADT - In breach of consumer protection act

<p>I recently purchased a home and the previous owner belonged to ADT. My alarm went off on a few occassions and ADT were quick to contact me telephonically and send cars out on request. However, subsequent to signing up with them, when my alarm went off, no calls were received from ADT nor did any response vehicles arrive at my property to ensure everything is in order (which is the service that they sell).</p> <p>Upon cancelling my contract with them, I was informed by ADT that they "WILL NOT" cancel my contract as I will be in breach of my contract. Looking at the Consumer Protection Act, ADT themselves did not comply with several of the guidelines either yet I am expected to pay for a service I am not receiving. Further, they have increased my montly installment by R300 with no communication.</p> <p> </p> <p>The following correspondence was sent to ADT however no response was received.</p> <p> </p> <p>Dear Katlego</p> <p> </p> <p>Please send me a signed copy of the Contract – I am not looking for a soft copy of the contract that was emailed to me. I am looking for a signed copy where I agree to ALL of the terms and conditions, through signature, to each of your terms and conditions.</p> <p> </p> <p>I WILL NOT pay 30% of the contract as I was not made aware of this at the consultation. I specifically asked the Sales consultant what the notice period was and he mentioned 30 days. There was not mention of the contract being 2 years or that a cancellation penalty would apply.</p> <p> </p> <p>I would like to take this opportunity to remind of ADT of the following legislation which was not adhered to in my situation:</p> <p> </p> <p>Consumer Right No. 7</p> <p> </p> <p>Right to Fair, Just and Reasonable Terms and Conditions</p> <p> </p> <p>Your right to protection against unfair, unreasonable or unjust contract terms</p> <p> </p> <p>Suppliers are not permitted to market, supply or enter into an agreement to supply goods or services at prices or terms that are unfair, unreasonable or unjust.</p> <p> </p> <p>I specifically asked for a contract prior to signing with ADT and I was told that this info would be sent to me before I agreed to anything.</p> <p>I signed a document allowing ADT to withdraw funds from my account, provided I accept the quotation.</p> <p>The Terms and Conditions alluded to on page 2 were not explained.</p> <p> <br />Suppliers are not permitted to require consumers to waive any rights, assume any obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or unjust.</p> <p> </p> <p>The Terms and Conditions alluded to on page 2 were not explained. This is an assumption on ADT’s side that I would accept the said terms and conditions.</p> <p> </p> <p>Your right to obtain notice for certain terms and conditions</p> <p> <br />Suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute a potential risk or liability to consumers.</p> <p> </p> <p>I specifically asked about the notice period and this was not mentioned to me.</p> <p> </p> <p>Your right to imp**** warranty of quality<br />Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods, if the goods are of inferior quality, unsafe or defective.<br />Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods.</p> <p> </p> <p>Prior to contacting ADT, I received calls every time my alarm was activated. After meeting with ADT, my alarm went off on several occasions and ADT did not contact me in any way to ask if I was okay.</p> <p> </p> <p>Your right to cancel or renew a fixed-term agreement<br />Consumers are obliged to provide suppliers with 20 business days’ notice, in writing or other recorded means, of cancellation of fixed-term agreements.</p> <p> </p> <p>Lastly, I was not given 5 days to cool off. I received a quote on Saturday and the account was AUTOMATICALLY activated, without me giving the go-ahead, on the Wednesday.</p> <p> </p> <p>I will take this matter forward. </p>