HM
Henry M

1 reviews | Active since Mar 2017

09 Mar 2017, 17:15

Breach of contract

<p>On 13/02/2017 I entered a Cell C branch to migrate my month-to-month contract to one of the options on the Pinnacle promotion which was running until 15/02/2017. The promotion stated that on the Pinnacle 100 option I will receive an additional 200 minutes, 200 SMS as well as a once off 5GB data bundle. The consultant couldn't assist as the store was busy so I returned the next day (14/02/2017) but again could not complete the application as the consultant could not find the deal on their system, which is the second time I experience that at their branch. She advised that we complete the application the next day (15/02/2017) via email, which we did.</p> <p> </p> <p>I signed and submitted all documents, including FICA, to the store TWO HOURS before closing time on 15/02/2017. The next day I phoned the branch to follow up but they had not processed the documents and it was therefore activated on 16/02/2017. I am now locked into a 24 month contract with no benefits as the contract was activated the day after the promotion ended. I find this unacceptable as my contract is dated 15/02/2017 and should have been active from this date. I have made numerous attempts to have this rectified by the branch. I have made phone calls, sent emails, visited the branch again with no result after three weeks!!</p> <p> </p> <p>I have also attempted to contact the call centres, with no result, as I consider this problem to be breach of contract as:</p> <p>Clause 3.2 of the contract states that the...</p> <p>"agreement will begin and be binding on you and the Service Suppliers on the EARLIER to occur of:</p> <p>3.2.1 the ACCEPTANCE of your Application for the Services and Equipment; and</p> <p>3.2.2 the activation of your SIM Card on the Cell C Network..."</p> <p> </p> <p>Clause 12 of the contract states that any...</p> <p>"additional benefit, value added service, or additional services, that is offered and /or provided to you as part of this Agreement will only be applicable during the initial Contract Period"</p> <p> </p> <p>The contract was ACCEPTED on 15/02/2017. The contract period AS PER THE AGREEMENT shows START DATE 15/02/2017.</p> <p> </p> <p>Please comply with the terms of this agreement as I find this to be legally UNACCEPTABLE.</p>

0
Replies (2)
Cell C
Cell C's reply10 Mar 2017, 07:26
Official

We are in receipt of your complaint and apologize for the inconvenience caused. One of our consultants will contact you and assist.

Do expect communication.

Regards

Cell C | PN

Cell C
Cell C's reply14 Mar 2017, 08:24
Official

Maropeng has been in contact with you and apologised for the inconvenience caused, he confirms that he has assisted you regarding this matter.

Regards

Cell C | MH