Wrong upgrade contract (open-line) instead of top-up

I have had two cellphone contracts with MTN of which the first one went grate. When it was about to expire I received a call offering me an upgrade of a new device hence continuing with the same contract as before. The telesales consultant tried offering me open-line but when he explained it to me I refused the offer and opted with my usual top-up and we agreed on the new device which was a Blackberry Z10 with a fixed monthly repayments of R250.00 a month.

The device was then delivered at my work place as agreed and started using it. I noticed two months down the line that it was deducting more than R250.00 and I immediately called 808 to follow that up, a lady attended me and explained that I was indeed on open-line contract....explained to her that, that is not the contract I agreed upon and she told me that the contract cannot be changed at that moment I must honour it for the whole 24 months till it expires. I turned back to the store in Promenade and I was told that I didn't upgrade with them an so the device is not from that store it was done telephonically so I must call 808, only them can assist me. When I tried to call 808 again I never got on hold of anyone, I would hold for more than an hour without any pick-up.

I got tired of trying and decided to minimise my cellphone usage so I don't pay so much money at the end of the month...so I tried honouring the wrong contract which was very inconvinient to me. On the 23rd month...about R600.00 was deducted on my account by MTN but I didn't panic as the contract was coming to an end. On the 24th month they deducted about R1400.00 on my account which made no sense to me and that left my bank balance broken and I reversed it and called MTN to query the debit order and no one could give me direct explanation, I then app**** for contract cancellation as I was very unhappy with how MTN has treated me and that was it.

Now after a year and a half my account is at attorneys they want me to pay back MTN and I am not willing to do that because MTN did not sort my querries at first point of contact, I am not a bad debt but I find this arrangement very unfair to me as a customer and forcefull. I requested MTN to listen to all the recordings I had with them from when I acquired the contract but I was told that is highly impossible...then why do you record your calls with clients if they cannot be retrieved?? Who is in the wrong here, who is in breach???