Complaint - Vodacom Breaching the Consumer Protection Act - False, misleading or deceptive representations

I’m sending this email as I am quite literally disgusted with Vodacom with reference to the manner in which my query was handled from a Customer Service perspective and also due to the fact that it was Vodacom’s incompetence for not advising me of an additional payment(s) that would be deducted from my Account.

To start, I renewed my contract with Vodacom (initial call was on the 19/08/2017) and spoke to an Agent telephonically regarding the renewal of my contract only to be told that the matter needed to be escalated for approval when eventually the contract was approved and I made/received a call from Wilson in the Retentions department to confirm the order and advised that the contract was approved and to which I expressly asked the Agent about the billing process in order to confirm when the new contract price would be in effect to which he advised that I would only be paying the R499 as from the end of September ( No awareness was made that the extra handset cost would still be charged). And that was my understanding of the matter, that the current contract will lapse (including the payment) and the new contract amount would be in effect from the stipulated date in September.

When I checked my Bank Account, I found that the amount deducted was more than the amount the Agent advised when I initially spoke to the Agent (Wilson). I then called Vodacom the query this charge, I was told that this matter would need to be escalated to a different department for investigation (spoke to Tobozani on the 11/10/2017) who informed me that the query will be resolved within 48 hours (REF #1- ********** ********** ). I called back to Vodacom on the 19/10/2017 and spoke to Luluthando who advised me that the investigation was still ongoing as it takes 10 working days for the matter to be resolved (already conflicting what Tobozani advised) however Luluthando advised me that the matter was logged for a refund on the account.

Further to this conversation, I still received no feedback from Vodacom and found myself having to call in again in order to obtain feedback and spoke to Modiegi (Resolutions Team) who said that she needed to speak to the investigative owner as she could not understand the notes made and would have to speak directly to the person in question and provide me with feedback. Props to Modiegi for actually taking ownership and looking into the matter and then providing feedback based on her findings. After a lengthy discussion with Modiegi, she then created the awareness that the Agent (Wilson) should have advised of the additional handset charge given the fact that the upgrade was done earlier which I understood at that point however I was not made aware of that charge when I initially renewed the contract and had I (at the point of sale) been advised of this, I would have declined and renewed on the date of expiry of the contract. I was not given a fair opportunity to make an informed decision based on all the facts that I know should have been given to me initially.

Modiegi re escalated the matter for me and advised that I will receive feedback. (REF #1- ********** ********** )

In between all this I made several calls to Vodacom for feedback and a couple of people told me that they do not know a Modiegi and also that there is no Solutions Team? This to me is quite strange considering that I have been in contact with the Solutions Team before. One Agent, just dropped the call and put me through to your customer survey!

On the 24/10/2017, I spoke to Nsizwa in the resolutions team and said the exact same thing that the Agent (Wilson) should have advised me of the additional handset charge when initially taking out the contact.

Finally, I called through yesterday (08/11/2017) and spoke to Colin in Customer Services who looked into the matter and then told me that the investigation is closed ( No one called me back to provide feedback ) and their findings were that the Agent (Wilson) should have advised of the additional handset charge however because they work on a commission basis (which I am guessing is the reason for them misleading customers into renewing contracts), he omitted to provide me with this information. Colin apologised and advised me that Vodacom will not refund me that additional handset charges because of the contract.

With reference to all of the above, I am sending this complaint to demand a refund of my handset charge taken from September, October and the final payment for November to be refunded back to my Bank Account.

I will give Vodacom a fair opportunity to resolve my complaint, if not, then I will be escalating this matter to the Ombudsman.

FYI – I have highlighted the below for your perusal

Consumer Protection Act:

False, misleading or deceptive representations

41. (1) In relation to the marketing of any goods or services, the supplier must not, by words or conduct— (a) directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer; (b) use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception; or (c) fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation, or permit or require any other person to do so on behalf of the supplier