Is it impossible to cancel a CELL C contract?

I got a call from a debt collector today and will probably be blacklisted next.

This is how it all started/Background:

Back in June of 2017 I did an online enquiry for an LTE internet contract with CELL C (router and sim), as there is no Cell C shop in my town.

I got a call from a salesperson soon after, who then proceeded to sell me the product and I got signed up.

The router and sim were subsequently delivered to my residence and I tried to get the internet going, with very little success, if it did work it was super slow. After couple of months of struggling, I eventually found out that there is no LTE coverage in the Eastern Cape. The sales person knew I lived in the Eastern Cape or reasonably ought to have known, as the router was sent to my home address in the Eastern Cape and my billing address is also in the Eastern Cape.

It would have been nice if a Cell C representative would have informed me of the fact, during the process of entering into the contract, that there is no LTE coverage in the whole Eastern Cape.

This leads me to the only conclusion that the omission and/or misrepresentation was made wilfully and purposefully, in order to get me to enter into the contract. While knowing full well I would not be able to use the device and service while in the Eastern Cape.

After I became this fact, I sent an email to cancel the contract in question, with immediate effect. Giving notice would be illogical.

This led to a guy calling me with regards to the email I sent (for the cancellation of my contract), he said he was aware that there is no signal in my town and asked if I could not use the Vodacom signal. I said I already tried that without success. He then said he would start some or other process to check from the technical side to see if we could not find a solution. He added that if there was no solution to be found I could look at giving the router back and cancel the contract, someone would pick it up, and I would not have to pay any penalties.

Now, this is where I was left in suspense....

When I enquired again I got the following email:

"Dear Mr. Arno Koekemoer

Thank you for contacting Cell C.

Please find the below early settlement fee for your contracted number ********** 834 ?:

1. ********** 834 = R 1,582.54??contract end date 09/09/2019.

Should you wish to this cancel any on the expiry date, we need at least one or two month/s notice period.

This quote is valid until 30/11/2017 and it does not include current bill, usage and any arrears amounts.

Once settlement has been paid you will be required to notify us by calling 084?143 option 2, 24 hours after payment, or email us to ********** advising of your intentions.

Cell C banking Details NEDBANK

Account Number: 145? **********

Branch code:145 405

Ref: Number to be cancelled Regards Bridget Sondlo"

The above literally just told me to pay up and keep paying, offering me no solution or relief.

I am sure all the conversations were recorded and verifying everything would be easy, if they were interested.

Nonetheless, I never heard back from him or anyone else regarding picking up the device or where the cancellation of the contract stood. But I continued to receive phone calls from the debt collection department, enquiring about the outstanding monies, accumulating every month.

My desired outcome was and I sent this to Cell C:

If they could only provide me with an address to which I can send the router and sim, I would do that. And to please cancel my contract and I even offered to pay if Cell C had incurred any reasonable expenses.

My response to the letter was:

That I took it that the early settlement fee constitutes the early cancellation penalty, with regards to the contract. As it does not address the arears that continue to mount on a monthly basis or the bill for this month. It also does not even serve to cancel the contract? This should be done by sending a notice to some other address? (This already being done in September)

Your response is therefore wholly unsatisfactory and I would like to draw your attention to the following, which is clearly applicable to the current situation:

Section 41 of the Consumer Protection Act states as follows on false, misleading or deceptive representations:

41. (1) In relation to the marketing of any goods or services, the supplier must not, by words or conduct— (a) directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer; (b) use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception. (c) fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation,

It is clear that in terms of Section 41 that I as the consumer was misled into entering an agreement, which I would have otherwise have not entered into. And Cell C as the supplier failed their obligation in terms of the section above. Moreover, Section 51 provides the definition of a defect to a service/product, which I experienced in this case:

53. (1) In this Part, when used with respect to any goods, component of any goods, or services— (a) ‘‘defect’’ means— (i) any material imperfection in the manufacture of the goods or components, or in performance of the services, that renders the goods or results of the service less acceptable than persons generally would be reasonably entitled to expect in the circumstances; or (ii) any characteristic of the goods or components that renders the goods or components less useful, practicable or safe than persons generally would be reasonably entitled to expect in the circumstances; (b) ‘‘failure’’ means the inability of the goods to perform in the intended manner or to the intended effect;

Section 55 and the consumer's right to good quality goods

(2) Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that— (a) are reasonably suitable for the purposes for which they are generally intended; (b) are of good quality, in good working order and free of any defects; (c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply;

(3) In addition to the right set out in subsection (2)(a), if a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods, or the use to which the consumer intends to apply those goods, and the supplier— (a) ordinarily offers to supply such goods; or (b) acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated.

(4) In determining whether any particular goods satisfied the requirements of subsection (2) or (3), all of the circumstances of the supply of those goods must be considered, including but not limited to— (a) the manner in which, and the purposes for which, the goods were marketed, packaged and displayed, the use of any trade description or mark, any instructions for, or warnings with respect to the use of the goods; (b) the range of things that might reasonably be anticipated to be done with or in relation to the goods; and (c) the time when the goods were produced and supp****. (b) the range of things that might reasonably be anticipated to be done with or in relation to the goods; and (c) the time when the goods were produced and supp****. (5) For greater cer*****y in applying subsection (4)— (a) it is irrelevant whether a product failure or defect was latent or patent, or whether it could have been detected by a consumer before taking delivery of the goods; and (b) a product failure or defect may not be inferred in respect of particular goods solely on the grounds that better goods have subsequently become available from the same or any other producer or supplier. (6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer— (a) has been expressly informed that particular goods were offered in a specific condition; and (b) has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.

More on why I want to return the rooter and sim. And only pay reasonable costs incurred, in order to settle the dispute, the purpose of any law is at the end of the day to help settle disputes that is why I continue to refer to the relevant legislation. The Act states the following with regards to the consumer’s right to return goods:

20. (1) This section is in addition to and not in substitution for— (a) the right to return unsafe or defective goods, contemplated in section 56; or (b) any other right in law between a supplier and consumer to return goods and receive a refund.

Also with regards to the imp**** warranty of quality, Section 56 states the following:

(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be. (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods.

I entered into the agreement in June 2017 and attempted to cancel the contract in September 2017, the first time. So it was within 4 months of receiving delivery of the goods and immediately upon becoming aware of the defect, that I first attempted to cancel the contract and return the router and sim. As it is still within the 6 month period that I can make the request to return the product, I would like to again request that I return the product!!!! I will send the router and sim to any address you provide and in return, I ask that I be granted a 'refund' in the form of my account arears being s****ped.

This is done as the alternatives of repair and/or replace is not available.

As you can clearly see, my requested outcome is within one of the available remedies, for the consumer to choose from, that the law provides for and very reasonable. I just don’t want to be Blacklisted and my credit record tarnished over this. I am putting this review in the forum as I don’t get a response on my emails.