MTN: Non-Compliance with FICA | Breach of Contract | Negligence & Internal Misconduct

I have reviewed previously, but MTN has seemingly not investigated a matter that is by no means closed from my side, though have ceased any action on their part in so far as providing me with a legal summons for early termination fees that I was found to have been liable for, despite my reason for terminating having been due to MTN agents in your Gateway store (Store Manager Kim, as well as Minentle Dladla & Sihle Buthelezi) requesting that I sign a written agreement between myself and MTN, stating that I had submitted documents necessary for FICA purposes (ie. proof of address, original ID). This would have involved signing a document (legally binding) and me making a false statement - in relation to regulations under which MTN is legally obliged to fulfil. MTN at the time, and to this day, do not have a copy of my ID, nor proof of a residential address of mine prior to early 2018. I have relocated four times since then.And MTN issued me three lines subsequently. I think it quite clear where the breach of contract lies, and where I stated I wished to terminate my lines due to this breach, provided my written notice - though store manager Gail refused to allow me to write an honest statement - which I still have in my possession - and MTN failed to respond at all, let alone within 21 days. Then MTN have failed in yet another contractual obligation.

In the months following this - I was assigned *********** Farida Sheik to oversee the matter, and her incompetence is quite apparent in our telephone calls. I was informed that MTN had no legal department. Then that it had an unmonitored email inbox. I was informed that MTN automatically cut the lines of clients even if there are legal investigations taking place. Farida refused to provide me with a reference number for my legal investigation to then prevent lines from being terminated. She stated that payment was due immediately for an amount of R2,600, at which point my lines had been cut, and, a businessman with four lines used for work purposes travelled for 3 hours to the nearest MTN store (on holiday at the time) only to be told that they lines would be reactivated, and that a note would be put on my account. These here, MTN, are but a few of the occurrences that must surely give you an indication as to the standard of your customer service being received by paying customers - and this paying customer being one that had four active lines with MTN and paying nearly R3,000pm. And yet not even that spend is sufficient to warrant a reasonable level of service.

THe matter then passed on to the even more *********** Kagiso Monyatsi - who thinks it normal for an agent of MTN to resolve a matter on certain conditions, then sleep on it, revert and provide new conditions - after which he seemingly decides he is no longer willing to take telephone calls from me, nor respond to my emails. And then MTN involves Phiwokuhle Gasa - who then takes it upon herself to deny any wrongdoing on MTN's part whatsoever (she certainly requires some training in regards to dispute resolution, and the legal obligations of MTN being a provider of certain services, under certain provisions, as she clearly needs to start with the basics) despite the documents in question being in my possession, multiple breaches of contract on MTN's part, refusal to investigate a matter that in fact has serious legal repurcussions should I wish to report it to the relevant body, and particularly should I pursue action as a result of what has transpired. Essentially, Phiwokuhle thinks I should be held liable for the full value of my four lines that I terminated due to being requested to sign a legally binding document, making a false statement that.... I'm repeating myself. That there is MTN's problem, not mine. I did what was correct and honest, MTN were disgusting to ask a customer to make any false statement, and then, when questioned, oh yes... your professional, respectful Gateway team, incuding store manager, believe it acceptable to remedy this ask of me, by stating that the page with the signature against the false statement simply "be pulled" before it be sent off.

MTN, there you have it. That last sentence. Coupled with the fact that it took me over one month to get any response from MTN to my notice of termination because of the above, and in the interim had various agents spinning the most absurd lies regarding non-existent legal departments, unmonitored email addresses for legal... and then your efficient Farida Sheik believing that the only possible remedy be attending my office in Umhlanga with a business consultant to remedy the situation by suggesting I migrate all four lines to Business .- despite me stating more times than I care to remember that I would not accept that as a remedy. Yet she seemingly cannot fathom how that might not have been a reasonable solution, and then suggests it again. And again. And again. And then complains that she cannot get hold of me, after I send her a text message off my grandmother's phone during the Christmas period informing me that my line's have been cut. I will say no more. But if Farida Sheik responds to a message like that, with a voicemail saying that she has been attempting to contact me regarding my suspended lines, then I shall say no more.

But you may now investigate into the fact that I requested for a legal summons to be directed to my legal counsel in respect of these early termination fees which I according to the agents mentioned above, am to be held liable for. This has not happened. MY lines were suspended and yet I still receive bills from MTN (addressed to me at an address that I never lived at BTW). But yet my record does not show that there are any amounts outstanding to MTN in regards to these lines which would otherwise be four months overdue. Please revert at your earliest convenience (provided it is not the "convenience" time frame of Farida, Kagiso or Phiwokuhle - as that appears to be three months at best) and advise whether these lines have in fact been terminated and early termination fees waived. Or if in fact these lines have been termianted, and I simply have not had a request for payment of early termination fees in an attempt to have this matter disappear. As that is not an acceptable outcome unfortunately, as my concern is not so much the fees, but rather the fact that MTN be reported for non-compliance with FICA, and recouping all monies I have paid to MTN for the period of time that they in fact were billing me as a service provider, yet legally not meeting the requirements to do so. I will also require a satisfactory answer to these questions posed above, as I will otherwise be instructing my legal counsel to begin mediation on my behalf to recoup damages to business income during MTN's suspending of services without valid reason nor prior notice, as well as pursue the matter in relation to a business placing a customer under duress to sign documents that would clearly amount to ***** - had I signed them - and doing it in a manner that I felt threatened, intimidated and, to my face, mocked in store.

I expect this matter to be investigated by the close of business today (20/03/2019) with a return telephone call from a competent member of senior management who can attempt to provide some clarity as to why it is that MTN have to date failed to address this matter in a way that a) acknowledges the serious repercussions of me now deciding to report the case, and MTN for non-compliance and b) takes any form of responsibility for some serious failings and breaches on their part and then c) proposes an acceptable agreement whereby this matter can be closed, on the provision that I am offered a satisfactory solution.

Please note that the number provided as reference number is my new number for you to contact me on; the listed number is my now terminated MTN number for internal investigation purposes; Branch is Gateway, where the misconduct and non-compliance with FICA first emerged.