Telkom in contravention of the NCA and refusing to issue settlement letter

Dear Telkom,

I would like to lodge the following complaints against Telkom in addition to the complaint already lodged with the NCR due to the fact that Telkom has acted in contravention of the NCA. Telkom has violated my rights as a consumer and acted in contravention of the Act and is also failing to issue me with a paid-up letter.

My complaints against Telkom are as follows: 1. Against Telkom’s Service Cancellation department who failed to cancel my fixed landline after months and continuing to bill me after I had already instructed a cancellation of the service. 2. Against Telkom’s Accounts Department who continued to bill me after I have instructed a cancellation of my service but failed to sent me statements for the billing. 3. Against Telkom’s Credit Department who failed to inform me that there was an outstanding balance on my account and instead handed the account over to a debt collector called NuDebt. The credit department did not provide me with the opportunity to settle the outstanding amount before the account was handed over. NuDebt also did not contact me to provide me with the opportunity to settle the outstanding amount and instead captured it as a default on my credit record. My credit record is now negatively affected as a result of Telkom and NuDebt’s negligence. 4. Against Telkom’s Credit Department and Accounts Department for failing to provide me with a settlement/closure letter after I have closed the account and settled the outstanding debt (even though the amount was only outstanding due to Telkom’s negligence) after I have requested the closure letter numerous times. I have also informed Telkom that I need the letter urgently to ensure my credit record is maintained after it was negatively affected by Telkom and NuDebt. 5. Against Telkom’s Social Media Team for ignoring my request for assistance numerous times.

The National Credit Act clearly states the following in section 129: When a consumer has defaulted, the credit provider must first notify the consumer in writing of the status of the account. The consumer is in default if his account is 20 business days in arrears. In the notice, the credit provider must propose that the consumer refer the credit agreement to a debt counselor or a consumer court or an Ombudsman with the authority to handle any possible disputes. The purpose of such a referral is to enable the consumer and the credit provider to resolve the matter or agree to a plan to bring the repayments up to date. A credit provider cannot take legal action against a consumer before first notifying the consumer of the default and to draw his/her attention to his/her rights in this regard. Should the consumer fail to approach the credit provider or an Ombudsman within 10 days to resolve the matter, the credit provider can take further steps to enforce the debt.

Telkom and NuDebt have clearly been in violation of section 129 and should be penalised by the NCR.

I expect this to be rectified as soon as possible and that the NCR will take the matter up with Telkom further and will hopefully result in penalties for violating consumers' rights and for not upholding the law.

Regards, A dissatisfied consumer