NO WONDER THEY ARE UNABLE TO RECOVER ****** CARS - STAY AWAY

Dispute of Trip Log Data and Insurance Implications – Request for Urgent Resolution

Good Evening *****gwa,

I refer to our telephonic conversation, during which I raised a formal dispute regarding the accuracy of the trip log data provided by Netstar. Specifically, I am contesting the recorded location of the incident, which your records show incorrectly. As you acknowledged during our discussion, it is not uncommon for Netstar tracking devices to log inaccurate positional data, and you further confirmed that your company regularly engages with insurers to clarify such discrepancies.

In terms of the Electronic Communications and Transactions Act (ECTA) 25 of 2002, particularly Chapter III (Sections 11–20) which deals with the legal recognition of electronic records, it is imperative that data held and transmitted by service providers like Netstar is accurate, reliable, and capable of evidentiary integrity. Where inaccuracies occur — as is evident in this case — the service provider has a responsibility to ensure such data is corrected and not used to the prejudice of the consumer.

Furthermore, the audio (IVR) recording of our call, which should be available in your records, will corroborate the above facts and your own admission regarding the potential for inaccuracies in your system.

Unfortunately, as a direct result of the inaccurate trip log, my insurer has now declined my vehicle damage claim, citing the incorrect incident location. This outcome has left me with significant financial prejudice and without recourse from my insurer.

In light of the above, I now require a formal response from Netstar indicating:

1. Whether your company will take responsibility for the false location data recorded;

2. What remedial action Netstar is willing to take to rectify the situation — including whether Netstar intends to cover the costs of vehicle repair due to the failure of your system;

3. A written statement clarifying the limitations and known issues of your tracking devices that I can forward to my insurer for reconsideration of the claim.

I trust you will treat this matter with the urgency it deserves. Should a resolution not be reached promptly, I will be compelled to escalate the issue to the National Consumer Commission and consider further legal recourse in terms of Section 54 of the Consumer Protection Act, dealing with the right to quality service.

#My Follow Up#

Follow-Up on Disputed Trip Log Data & Unaddressed Insurance Prejudice

Dear *****gwa,

I am writing to express my deep dissatisfaction and serious concern regarding your failure to respond to my formal dispute May 22, in which I challenged the inaccurate trip log data recorded by Netstar — data that has now been used as grounds for my insurer to decline a valid vehicle damage claim.

Your lack of response is not only unacceptable but negligent, especially given the material consequences I am suffering as a direct result of the flawed data supp**** by your system.

As stated in my previous correspondence, during our telephonic discussion you openly acknowledged the potential for inaccuracies in Netstar's tracking data and confirmed that your organisation frequently engages with insurers to clarify such discrepancies. This is not a trivial matter — my financial and legal standing has been adversely impacted because your system failed to deliver accurate information, and your silence now constitutes a further failure of service.

In terms of both the Electronic Communications and Transactions Act (ECTA) 25 of 2002, as well as the Consumer Protection Act (CPA) 68 of 2008, you are now in breach of your obligations:

· Under Chapter III of ECTA, you are required to ensure the integrity and accuracy of data transmitted by your system;

· Under Section 54 of the CPA, I am entitled to quality service that is both timely and fit for purpose — your performance has been neither.

I now demand the following without further delay:

1. A formal acknowledgment of responsibility for the incorrect location data recorded on the day in question;

2. A written undertaking outlining what Netstar will do to rectify the resulting loss caused by your data errors — including, if applicable, financial contribution toward vehicle repair;

3. An official letter detailing known limitations of Netstar tracking data, and acknowledging that inaccuracies may occur — this will be submitted to my insurer as supporting evidence in a dispute process.

If I do not receive a comprehensive written response within 3 working days, I will have no alternative but to escalate this matter to the National Consumer Commission, the Independent Communications Authority of South Africa (ICASA), and seek legal redress, including a damages claim for the financial prejudice caused.

I trust that you will finally treat this matter with the urgency and seriousness it warrants.

Yours sincerely,

#My Follow Up#

Good Day *****gwa.

Thank you for your response and advice. Please confirm if the netstar report is accurate at any and all given times. Also note that I am currently without a vehicle due to the abovementioned. Your company is now directly affecting my ability to earn a living and putting my life in danger, given the crime stats of our country and more specifically the area I reside and work in.

Regards