1 reviews | Active since Apr 2010
NCA not applicable to Vodacom it seems
I entered into a contract via a 3rd party (the notebook company) and it was finalised on 17 July this year. It then became a problem that they were unable to supply me with the contracted device in the time agreed and I had to cancel the contract so I could make alternate arrangements as I needed the device urgently for work reasons. I agreed through notebook company to cancel the contract 22 July 2020. Despite the cancellation my account was still debited at the end of the month for half the value of the full contract. I had my bank reverse this charge. I was then debited again at the end of August, this time for the full contract amount plus the reversed debit order (total R1800). The excuse I got from Vodacom was the cancellation processing only occurred at the last day of the month and evidence was sent to me that this only happened on 30 August 2020. I then contacted the contact person at Vodacom who said the refund would be made in a few days. The deposit I had paid for the obligatory un-needed devices was paid to the notebook company (R1230). I have still not taken ownership of anything as a further R170 would need to be paid for the devices I haven't received or have any use for and was told are inextricably linked to me in some way. Even though they are new and have never arrived. It is mid September now and my debit orders have still not been refunded. Vodacom was aware of the cancellation at the end of July, so the end of month cancellation process should have happened then already. Some of the violations to the NCA are listed below: 1. receive regular statements of account setting out the current balance, amounts paid, charges and next instalment date - I have to date received no statements of account from Vodacom despite being charged R1800 after the cancellation. 2. surrender his/her goods under the credit agreement – to return the goods to the credit provider in order to have them sold to settle the outstanding amount - I have been told this is not possible. I have not even received these items and have already paid R1230 for them in the form of a deposit. According to the NCA I should be able to return (brand new/unused) goods that were never received by me to at least mitigate the loss I incurred due to the inability of the 3rd party to provide the product I initially required. Violations of the CPA listed below: 1. Right to Fair and Honest Dealing (I was told I would be able to take delivery of the product even though they were not able to supply in the time I stipulated. 2. Right to Fair Value - I have currently paid out over R3000 and have received exactly zero products or value services. 3. Suppliers are obliged to include limitations in respect of the availability of goods or services when advertising such items, and honour such agreements - I was told I would be able to take possession of goods when they were in fact not in stock and further delay was inevitable (again 3rd party and not vodacom) 4. Consumers have the right to demand refunds for full amounts paid in respect of commitments or reservations, together with interest, at prescribed rates, from the dates of payment until the dates of reimbur*****t. - The 3rd party was not able to stick to the initial agreement due to stock shortages. 5. Consumers are entitled to the following, in lay-bye agreements: Purchase goods and services via lay-bye agreements. In this case, if the suppliers fail to deliver any goods, these suppliers must, at the discretion of the consumers, Full refund of money paid, plus interest; and Keep their deposits in an interest-bearing account. - Curious to see what interest has been accrued in the short period. I am expecting at least a few cents as proof that this did occur. So to conclude, R3000 for nothing after cancelling in July and no acknowledgement or delivery of goods or statement of account. Please explain Vodacom
