Unresolved Contract Issue and Request for Escalation

Subject: Follow-Up: Unresolved Contract Issue and Request for Escalation

Dear MTN Legal Department,

Thank you for your response, though I must express my extreme dissatisfaction with the handling of this matter. Your reply neither addresses the core issues raised in my previous email nor provides a satisfactory resolution.

Points of Concern: SIM Card Issue at MTN Elridge Corner 22: As I mentioned, I have visited this branch multiple times, communicated extensively with the branch manager, and yet, the issue remains unresolved. MTN’s records may indicate where the contract was opened, but the responsibility for resolving this matter lies with MTN, not the customer. Failure to Address Key Concerns: Your reply omits critical aspects of my email, including my demand for: Immediate credit for unused data services. Cessation of collection activities by Nudebt. Detailed account reconciliation reflecting these adjustments. Unprofessional and Inadequate Response: This response, which deflects responsibility, is unacceptable, given the time and effort I have invested in resolving this matter. I require a reply from someone in a senior position who has the authority and expertise to address this issue comprehensively. Immediate Actions Required: Resolution of SIM Card Issue: Ensure the SIM card is issued without further delays. Arrange delivery to my location, as repeated branch visits have proven ineffective. Account Adjustments and Credit: Adjust my account for data charges from November 2023 to date. Provide a detailed statement reflecting these changes. Stop Collection Actions: Instruct Nudebt to cease all collection actions and provide confirmation in writing. Escalation: Escalate this matter to a senior manager or director in your Legal or Customer Service departments for proper resolution. Deadline for Response: I expect a comprehensive and professional reply addressing all these points within 5 business days. Should MTN fail to resolve this matter, I will have no choice but to escalate further through legal channels, the National Consumer Commission, and relevant advocacy platforms.

I trust that MTN values its customers enough to address this matter with the seriousness it warrants.

From: ***

Sent: Friday, January 10, 2025 2:15 PM

To: ***,***,***,***,***

Subject: Breach of Contract and Request for Resolution of Ongoing Issue: ID *** Jessica Catherine Herbst

The Legal Department MTN South Africa

Subject: Breach of Contract and Request for Resolution of Ongoing Issue

Dear Sir/Madam,

I am writing to formally address an ongoing and unresolved issue with MTN regarding the contract I entered into in November 2023 for an iPhone 14 Plus, associated with my ID number [ID nr. ***], Jessica Herbst. Despite my repeated attempts to resolve this matter, I am yet to receive my SIM card, rendering me unable to utilize the data plan included in my contract. This letter serves as a notice of my dissatisfaction and a formal demand for resolution.

Background Since November 2023, I have made numerous efforts to rectify this situation:

I have sent multiple complaints and queries to ***. I have visited various MTN branches, including speaking to a representative named Marius, who was unable to assist me. Attempt phone calls to resolve. Despite these efforts, the issue remains unresolved. What exacerbates my frustration is that MTN is demanding payment for services I have not been able to utilize, specifically the data portion of my contract. I am currently only paying for the handset, yet I am being threatened with emails, phone calls, and legal action. I have even been handed over to a debt collection agency, Nudebt, for alleged non-payment of the data portion of the contract.

Breach of Contract Under the principles of South African Commercial Law, MTN is in breach of the agreement as follows:

Failure to Deliver Agreed Services: MTN has failed to provide the SIM card, which is essential for me to access the data services stipulated in the contract. Unjust Enrichment: Demanding payment for a service that I cannot use due to MTN’s failure to fulfill its obligations constitutes unjust enrichment. Breach of Consumer Protection Rights: Under the Consumer Protection Act 68 of 2008, consumers have the right to receive goods and services that meet the standards of quality and performance agreed upon. MTN’s failure to provide the SIM card violates these rights. Demand for Resolution In light of the above, I hereby demand the following:

Immediate Rectification: MTN must immediately provide the SIM card associated with my contract so I can begin utilizing the data plan. Account Credit Adjustment: MTN must credit my account for the data charges incurred from November 2023 to date, as I have been unable to use the service due to your failure to deliver the SIM card. Updated Account Balance: MTN must provide a detailed breakdown of my account, reflecting any remaining balance after the credit adjustment for unused data services. Cease Collection Actions: MTN must immediately instruct Nudebt to cease all collection activities related to this dispute. Consequences of Non-Compliance Should MTN fail to address and resolve this matter within 14 days of receipt of this letter, I will have no choice but to escalate the matter further. This includes but is not limited to:

Lodging a formal complaint with the National Consumer Commission. Pursuing legal action for breach of contract and damages. Reporting this matter to relevant media outlets and consumer advocacy groups to highlight the poor service and lack of accountability. Conclusion I am appalled at the lack of professionalism and accountability displayed by MTN in this matter. As a loyal customer, I expected far better service and support. I urge MTN to take immediate steps to resolve this matter to avoid further legal and reputational consequences.

I look forward to your prompt response. Please provide written confirmation of the steps you will take to resolve this matter. You may contact me at *** or email at *** / ***

Yours sincerely,

Jessica Herbst

On Sun, Jan 12, 2025 at 8:57 AM customercare <***> wrote:

Yello Yolande Herbst,

Thank you for your email.

Please accept our apologies for the delayed response.

As per our system records the contract was opened at MTN Elridge Corner 22 and they need to issue you with a sim card during the signing of the price plan as point of sale.

We apologize for the inconvenience this may have caused.

Warm Regards, Patrick Mfelang

1. We insist the simcard to be delivered to our house 2. We insist of the account be credited for the months the card could not be utilised.