Bad service MTN

I am writing to lodge a formal complaint regarding a defective phone that I received from MTN store, La Piazza Square, Flamwood, as part of a 3 contract upgrade which I signed on 2025-03-01, I upgraded all 3 contracts to Samsung Galaxy A35 5G phones, the store only had two devices and due to the fact that I was upgrading my parents phone contracts as well as my own, I gave them the two new devices which I received on 2025-03-01, as they were going home to Warrenton on the Sunday 2025-03-02. On 2025-03-03 the store informed me that the 3rd device had arrived, I requested my husband to collect the device for me as he was in Klerksdorp at that time, which he did and at the time he collected the device he also had a laminate screen protector placed on the device in store for R200-00. My husband was only able to transfer of all my contacts etc, on 2025-03-05 Wednesday, so I only started to use the device on the 5th. This phone was faulty from the start. During phone calls, the other person could not hear me, although I could hear them.

On 2025-03-07, which was the 4th day after receiving the new device, I went in to the store where another consultant, made some changes to the settings on the phone, he then asked me to stand outside the store and he called me, and the phone appeared to work fine. He sent me back home to see if the problem continued and that I should come back if the problem continued. I tested the phone over the weekend, and it still had the same problem.

On 2025-03-10, I went in to the MTN store, La Piazza Square, Flamwood, again, where I was told by Lyle, that I was the 7th person with a Samsung A35 device that was complaining about the same thing, but he will attempt to remotely reset the phone. Later the same day I went back to the store as the reset did not work and I told them that I was not happy, and I wanted a new device as this one was faulty. I was told that they had already logged a query, and I needed to wait until they received a response. Lyle asked me to put my sim card back into my old phone and use that device to see if the problem happened with that phone as well, and to give it a few days and he would call me as soon as they had an answer. I did so and my old phone worked fine. I used my old phone till the weekend, when I tried the new phone again and it still gave the same problems.

I called the store again to inform them that it was still not working and Lyle said that I needed to bring the phone in to the store. Due to my work, I was only able to take the phone in to the store on Thursday 2025-03-20. I booked it in and handed them the phone and the box. It was sent in for repairs and I informed them, that I was not happy about it, because it was a brand-new phone, and I had complained about it from the start and had taken it back to the store within 7 days of receiving it, which meant that it should have been handled as an “out of box failure”, but it was not as the staff in the MTN store made settings changes and network changes and sent me home to use my old device.

On 2025-04-01, I received a SMS stating that the repair to my device is completed. On 2025-04-09, I received the phone back and on reading the job repair form with job # 464873, I found out that the “SUB PBA” had been replaced on a brand-new phone. I demanded a new phone and was told that they cannot give me a new phone and that I must accept my repaired phone. I had no choice but to take the phone as they insisted that there was nothing they could do. On testing the phone, we heard that there was a new problem, it appeared now that the speaker was blown as when the phone was ringing the sound was distorted. I returned the phone the next morning, 2025-04-10. The consultant even listened to it, and he also told me that this is not right and that they must send it back again.

On 2025-04-23 I received a SMS from MTN that they confirmed that my device had been repaired, and I must give 3-4 working days to collect my phone from the store. I immediately took a screenshot of the SMS and sent it via WhatsApp to the stores cellphone number, in the WhatsApp I said that this was now the second repair done on the brand-new phone and I did not want it back I wanted a new device, as I am paying for a new device and have not had the use of a new device as it was always in for repairs. I saw that my message was read but I never received any response from the store.

On 2025-06-14, I spoke to Angie; the Area manager and she told me that she will speak to Lyle at the MTN store where I upgraded and that he will phone me back.

On 2025-06-18, as I had not heard anything from the MTN store I went in to the store with my husband to enquire in person as to what was happening, Lyle told us that according to the information he had on his system, Samsung refused to replace the device as the charging cable was not in the box and they needed the charging cable. My husband asked Lyle why they had not told me that when I had booked the phone in, and he could not answer. I took the charging cable to the store the following morning 2025-06-19.

On 2025-06-23 I receive a SMS from MTN that my device has been repaired again. On 2025-06-27, I received a phone call from the MTN store, and they wanted my pin code as according to them Samsung could not work or test the device without it. I gave it to them.

On 2025-07-16, I went into the MTN store and was told that they still have my phone, and that Samsung refuse to give me a new device. I then requested them to cancel my contract and I would port my number to Vodacom as I am not happy of the way that I have been treated by MTN. I have been a loyal customer since 1997, with multiple contracts. They asked me to give them a few days until Monday 2025-07-21. I heard nothing from them and on 2025-07-31, I phoned the MTN store and was told that they had sent an email to Samsung from the store to explain that they had tested and seen my device from the first day I brought it back to the store and that they can confirm the device was indeed faulty.

Now after more than five months of ongoing problems, I have still not received a phone. I was told on 2025-07-16 that Samsung refuses to replace the phone as they “cannot find a fault”, despite previous internal repairs (including the SUB PBA replacement) and repeated evidence of the same issues and SMS’s that the device has been repaired.

Today 2025-08-12 I received a call from Kenneth from MTN store telling me that they tried everything, and that Samsung is still declining to give me a new phone. He sent me their letter to Samsung as well as Samsung’s letter stating they can find no fault.

This is totally unacceptable to me. I have a contract with MTN and have been paying monthly for a service and a device that I cannot use. I have fulfilled my part of the agreement, but MTN and Samsung have failed to deliver a working product. When I handed my phone in to the store the very first time on 2025-03-20 it was still brand new and had no scratches or damages other than the internal factory faults.

In terms of the Consumer Protection Act (CPA), I am entitled to a repair, replacement or refund within six months of purchase if the product is found to be defective. I returned the device within 7 days, and multiple issues have been confirmed. The brand-new device was repaired two times already and still does not work. I am very disappointed in MTN and will never advise any of my colleagues or friends or any other person that I know, to buy at MTN.

I am therefore requesting: 1. That I be provided with a brand-new replacement device, as is my right under the CPA. A Samsung Galaxy A36 5G which is the upgrade on the A35 5G, as the A35 has since been replaced. 2. Compensation and / or credit for the period I have been without the phone for which I am paying monthly. 3. Alternatively to point 1 and 2 above, cancellation of this one MTN contract with reimbur*****t of monies already taken by MTN, and porting of my number to Vodacom.