Breach of contract

More than 18months ago I signed up for a uChoose Flexi 200 contract for my daughter. The account is in my name. I asked for a contract that would be fixed. I pay the following: Total Amount (VAT Excl) 270.61 Total VAT 37.89 Total Amount (VAT Incl) 308.50 When my daughter left to go abroad, she wanted to keep the number and the contract was still valid, so she asked my mum to use the airtime until she came back. My mum has been using this number from Sep 2016. My mum has been converting the airtime to data when needed. I have continued to pay for the contract at R308.50 a month.

So imagine my surprise when I got debited more than R600 for this number at the beginning of March. I didn't check my bill for Feb as I know exactly what I am going to pay from month to month. Subscription Charges 1GB MI Recurring Data Bundle - Top Up January 130.70 1GB MI Recurring Data Bundle - Top Up February 130.70 Airtime Subs - uChoose Flexi 200 February 174.56 Handset Installment February 87.72 VAS - Caller Identity Subscription February 8.33 Total Subscription Charges 532.01 Total Amount (VAT Excl) 532.01 Total VAT 74.48 Total Amount (VAT Incl) 606.49

I called Vodacom on the 2 March and spoke to Victor (082111). He explained to me that I subscribed to recurring data on a month to month basis. I explained that I did not request it and nobody called me for it and that my mother who is using the phone wouldn't know where to find it. He then proceeded to try and 'educate' me on how it was possible that she most probably 'bought it'. He then told me that I must speak to her and explain how it works. I was fuming by then as I do not understand how Vodacom allows this purchase without my requesting it. From my understanding it is not part of my contract. I therefore believe that the conditions of my contract with Vodacom have changed and therefore the contract is no longer valid. If my mother needed additional airtime or data, I usually buy it via my Nedbank prepaid account online or she uses cash. Victor said that maybe she made a mistake and that he would cancel the data. I told him that I am not satisfied with this and that I wanted to speak to a manager as I needed this escalated. He put me on hold and after a long while came back and explained that they were busy but he would get them to call me back. I asked for a reference number he said they don't give any and not to worry they would give me a call before 4pm. Well I had to call back today as no one has called since the 2nd Mar, nearly two weeks later because my Mar account still has the data charge.

Today I had to explain everything again and spoke to 2 people in Customer Service who put me through to Cancellations(as I feel you are in breach) and then onto Accounts - ********** who didn't know why they put me onto them.

I want this contract cancelled as I am being charged for something I didn't ask for. I have checked with my mother and she is not fami**** with this process and uses my brother's wifi at home. Below are you clauses to request the TopUp. I would like to refer you to the second and third points: Eligibility You must be a new or existing Vodacom Top Up or uChoose customer. Only the owner of the SIM-card can request the Service to be activated, corporate customers must go through their administrator. You will need to contact your existing Service Provider and request activation of the Service and you may need to be credit vetted for the Service. The Service Providers can provision the Service and the default allowance will be allocated. You will not be charged a connection fee when activating the Instant Top Up facility. You will not be allowed to use the Service if you are soft locked as a result of non payment. If you have defaulted on your payment in the last three months, you may not have the Service activated. Should you default on payment, the Service will be deactivated and you can request re-activation via your Service Provider.