taking my phone from me without a quote on damage

I accidentally dropped my phone and cracked my screen so I decided to send it in for repairs through my service provider I firstly dont get told to back up my info and secondly get told I will receive a quote on damage. So I wait as it was over Christmas time I knew it would take long eventually after 7 weeks I get a call from the insurance department telling me my phone is to much to repair on the insurance claim can they replace it with a lg or a A3 samsung I laughed as my phone is a S 3 and they want to replace it with a cheap phone firstly I say no and ask them to return my phone to the boksburg branch as I will get it fixed only to be told sorry we cant the phone belongs to us now, so after I have been paying my phone for 2 years with the value of R 10 000.00 I cant get it back its there's load of **** as the phone is mine and I payed for it, after asking my service provider to return my phone and countless phone calls they refuse to return my phone to me and my great service provider that I have are a bunch of ***** they take your money every month without fail but when it comes to helping there customers they suck as far as im concerned it is theft and im openig a case