MTN Refused to replace phone return in 7 day period or cancel contract

MTN states if you experience any problems during the first 7 days, you may return the phone and they will replace it with a new one.

I returned my phone because it was restarting every hour. It would give a warning that it needed to be restarted and then the phone would restart.

I purchased my phone on a sunday and returned the following sunday only to be told it was out of the 7 day period. They would need to send the phone in for repairs.

My husband uses the phone for business purposes and he therefore cannot be without a phone. After the Store (Somerset Mall) refused to replace the phone with a new one, I was forced to cancel the contact according to the consumer protection act, which states you can return faulty products within 10 days after the purchase.

The consultant then proceeded to cancel the contact, i have signed paperwork.

2 Weeks later the store calls me to enquire when I will be collecting my phone. I explained, that the contact has been cancelled and gave the name of the consultant who processed the cancellation and the date of signature.

A week later the store manager phones me to explain that the cancellation is not valid and they can send the phone in and if it is in good condition then they will replace the phone with a new one. I refused for the phone to be sent away and insisted on the cancellation because i returned the phone within 7 days as per their requirements and furthermore within 10 days as per the consumer protection act.

A week later the store manager calls again to advise me i need to collect the phone because the cancellation is not valid. I advised her that i will not be collecting the phone and i will reverse any debit orders which will go off the account. Furthermore i have 2 contracts and the debit order for both contacts goes off the 1 amount therefor they wont be receiving payment of any of my contracts. The manager advised me that's okay but i need to collect my phone.

I have made various calls to various departments, i have been directed to contact the store and i have explained that the store is not helpful in sorting out this issue. The consultants have expressed their concerns about the stores errors in replacing the phone and / or cancelling the contracts but unfortunately they cannot assist me and either refer me to the store or transfer me through to the next department.

I was advised i should email the customer complaints, which i was guarantee i would get assistance from however the issue is still not resolved and i haven't had feedback.

My last option is now to proceed to small claims court.