*****ULANT CONTRACT

**FORMAL COMPLAINT – INCORRECT CONTRACT AND UNAUTHORISED CANCELLATION FEE**

**Dear MTN Customer Services / Complaints Department,**

I am writing to formally lodge a complaint regarding a contract that was entered into with MTN on **27 August 2026**, following a sales call from an MTN representative.

On 27 August, I was contacted by an MTN salesperson who offered me what I understood to be an **upgrade to my existing MTN contract and current cellphone number**.

At the time, I was using a significant amount of data, so I was interested in the offer. During the conversation, I **specifically asked the salesperson to confirm that this was an upgrade to my CURRENT number and not a new number**. I was explicitly assured that it was an upgrade to my existing number.

I was then advised that I would need a **new SIM card because my existing SIM was old**, and I was told that a new SIM would be sent to me.

Upon receiving the SIM card, I discovered that I had, in fact, been issued with an **entirely new cellphone number**. This was not what I had agreed to and was directly contrary to what I had specifically confirmed with the salesperson before accepting the offer.

I immediately attempted to resolve the matter telephonically with MTN. Unfortunately, I was passed from department to department and was unable to get the matter resolved.

As I was still within the applicable **cooling-off period**, I subsequently went into an MTN store in person and requested that the contract be cancelled.

I was under the reasonable understanding that, because I had identified the error almost immediately and was cancelling the contract within the cooling-off period, the matter would be resolved without penalty.

However, I was subsequently informed that the cancellation had been **rejected because a cancellation fee had not been paid**.

### The impact this has had on me

This matter has now gone far beyond a minor inconvenience.

I have subsequently spent **more than an hour of my own personal time** trying to resolve an issue that arose as a result of an error in the sales process. In order to deal with this, I was forced to **cancel a piano lesson**, which directly affected my work and my income.

I have had to repeatedly make calls, explain the situation to different people and attempt to navigate MTN's various departments, despite the fact that I did everything I could to clarify the contract before accepting it.

The entire experience has caused me **considerable frustration, stress and unnecessary disruption to my work and personal time**. I do not believe that I should be expected to absorb the cost, inconvenience and stress associated with correcting an error that was not of my making.

### My concerns

This is extremely concerning for the following reasons:

1. **I did not request a new cellphone number.** I specifically asked whether the offer was an upgrade to my existing number, and I was assured that it was.

2. **The incorrect contract appears to have resulted from an error or misrepresentation by the MTN salesperson**, rather than from a change of mind on my part.

3. I **acted promptly** once I discovered that the contract was not what I had agreed to.

4. I made the cancellation request **within the cooling-off period**.

5. **At no stage was I informed that a cancellation fee would be payable.** No one contacted me to explain that a cancellation fee had been raised, what the amount was, why it was applicable, or that payment of this fee was a requirement for the cancellation to be processed.

6. It is unreasonable, in my view, for me to be held liable for a cancellation fee arising from a contract that I did not knowingly agree to in the first place.

7. I have now had to incur **significant personal time, lost working time and unnecessary stress** simply to rectify an issue that should never have occurred.

I therefore formally dispute the cancellation fee and request that MTN:

* **Reverse and/or waive the cancellation fee in full;** * **Cancel the incorrect contract without penalty;** * Confirm in writing that there will be **no outstanding amount, adverse credit reporting or further charges** relating to this disputed contract; * Investigate the original sales call and the information provided to me by the MTN salesperson; * Provide me with a copy of the **recording/transcript of the original sales call**, as this will establish that I specifically asked whether the offer was an upgrade to my existing number and was assured that it was; * Provide a full explanation as to why my cancellation request was rejected and why I was not informed of the cancellation fee before the cancellation was rejected.

I accepted the offer in good faith based on the information provided to me by an MTN representative. Had I been told that I was taking out a **new contract with a new number**, I would not have accepted the offer.

I am therefore requesting that MTN take responsibility for the error and resolve this matter without imposing a financial penalty on me.

Furthermore, given the time and disruption I have already incurred as a result of this matter, I expect MTN to treat this complaint seriously and provide a prompt resolution rather than requiring me to spend further personal and working time attempting to correct the situation.

I would appreciate a **written response and resolution within a reasonable timeframe**. If this matter cannot be resolved directly with MTN, I reserve my right to escalate the complaint to the relevant telecommunications complaints authority and/or regulatory body.

I look forward to your urgent response.

**Kind regards,** **Ruth Buck**