AK
Adrian K

1 reviews | Active since Apr 2018

26 Apr 2018, 12:35

********** charges that have been accrued to my mobile account without any authorisation.

To whom it may concern.

********** charges are being accrued to my mobile account by an approved service provider of yours. I'm being charged an amount daily amount of R 15-00 for a daily service which I have not subscribe to. This has resulted in substantial costs being accrued to my mobile account the past couple of months. After making numerous calls to your customer support centre, and not receiving no assistance whatsoever, I managed to find out who the service provider is "downlou" and the manner in which they go about triggering their service. Firstly, they send you and SMS, which you as MTN have allowed, and I quote "2018-01-27 20:12:16 Sent 39229 Mainstream Welcome This is a FREE message. Your PIN is ********** 2 downlou. http://bzm.tv/s/7272B9D79A subscription R15 a day Stop sms stop to 39229 help? ********** 181 By not replying to their message, which I should not need to you, It’s automatically assumed that I'm a customer of their, and that they can bill me for their services without my acceptance of their SMS. This is contrary to what is prescribed by ICASA! My agreement is with you MTN and not a service provider that unilaterially decides that I agreed to their services. Furthermore, they state and I quote “ Contracts formed over the Internet usually fall into three broad categories: a) Contracts for the sale of goods; b) Contracts for the supply of digitized products; c) Contracts for the supply of services and facilities. An Online Contract is defined as “a contract created wholly or in part through communications over computer networks, by e-mail, through web sites, via electronic data interchange and other electronic combinations”. And to add insult The general basic requirements of a contract are: 1) Contractual capacity; 2) The Possibility of performance; 3) Lawfulness; 4) Formalities. With regard to point 1) above, the disclaimer provided on our Landing Page is clearly restricting the subscription to the service to 18+ subjects and/or with capacity to legally bind themselves. With regard to point 2) above, our service are available for our subscriber and the performance of the subject of the contract is possible. With regard to point 3) above, our services are bounded to the rules stated by the Code of Conduct With regard to point 4) above, our Landing and Confirmation pages respect the formalities stated by the Regulatory Body in the field of Mobile services. I asked the following question which they have yet to answer “ Should the contents of your e-mail be correct, and I supposedly subscribed to your services, would you mind explaining to me the following; 1. A pin number is sent to my mobile, with an assigned URL 2. What constitute acceptance of the services. “I received a similar SMS , the contents of which is similar to your purported message just today” 3. When does activation of your services occur? On a customer receiving an SMS, or the PIN number being used when login into your platform? 4. If it’s the later, please provide me with a copy of each and every one of my login transactions that was made to your platform, date and time stamped. Should this matter not be attended by your accounts department, I will make contact with Carte Blanche as well as ICASA and expose this blatant ***** that you are adding and abetting. How many more of your customers are experiencing the same? Kind regards Adrian

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