Unfair Insurance Claim Dispute – Rightful Ownership of My Phone Ignored

Dear HelloPeter Community,

I am writing to raise my concerns regarding my ongoing insurance claim with Telkom insurance under the leadership of CEO Karen Naidoo.

I, Ntsako Maringa, am the rightful owner and user of the mobile phone currently being claimed for. However, my claim has been unfairly disputed due to the contract being in another person’s name, despite the following facts:

I was the sole financial contributor. Over the 24-month contract, I made 24 separate payments directly from my personal bank account to the official account holder (Aobakwe Mokhukhwane). These payments were clearly referenced as “Phone” or “Ntsako Phone.”

Proof of payment: Total paid: R58,746.00 (well above the standard contract value of R44,232.00). This includes monthly contributions, upfront deposits, and even covering unrelated expenses on behalf of the account holder to ensure the phone contract was settled.

Insurable Interest: According to the Short-term Insurance Act 53 of 1998, Section 7(1), a person has an insurable interest if they stand to suffer direct financial loss. I clearly meet this requirement, having paid for the phone in full and being the only user.

Ownership in substance, not just form: South African law and multiple court precedents (Phillips v General Accident Insurance, Littlejohn v Norwich Union, Lorcom Thirteen v Zurich Insurance) confirm that what matters is who bore the financial risk and benefitted from the asset — not just who the contract holder is.

Consumer rights: Under the Consumer Protection Act 68 of 2008, consumers must be protected against unfair contract terms. Ignoring my rightful ownership and financial responsibility disregards these protections.

My Request

I respectfully request that my claim be recognised in my name and processed fairly, in line with South African insurance law and consumer protection standards.

This has been a deeply frustrating experience — one where I have provided clear evidence of ownership and responsibility, only to be unfairly disregarded on a technicality.

I trust this platform will help escalate my matter so that justice is done.

Sincerely, Ntsako Maringa