Vodacom has misrepresented themselves

Not satisfactory, You are ignoring the consumer and doing what you want This is the poor response I got from Vodacom RE: EC-1KKO-28CPFI [WARNING: ATTACHMENT(S) MAY CONTAIN MALWARE]Re: ICASA Complaint Escalated to Licensee - GAU2569/18 ICASA: ********** ********** Today, 10:56 AM You Thank you for your mail. Please note the reason we requested your proof of identity are for instances we may need to disclose any details about your account, during providing your feedback on your complaint. We note the below complaint is in reference to our annual prices increases, which were also impacted by new VAT increase as well this year. While the below is correct in that service providers may increase their tariff plans from time to time, it remains that we are required to do so, in-line with CPI. We will also endeavour to provide the best tariff plans for our customers, as seen us discontinuing a few legacy tariff plans to replace them better prices with more value for money(more data, more minutes, more smses) We would like to encourage you to visit our website where we provide all other tariff plans that experienced the increase in the link below. http://www.vodacom.co.za/vodacom/terms/pricing-guide/ Regards Thato Chuene

Main legal issue Smart top up increased from date of signing contract in April 2017 ( R244) to a massive hike of R394 in current billing This is not reasonable nor justified because I signed a 24 month contract which consisted a smart top up S plus hansdset I Refer you to your terms and conditions: "3. Your subscription to the Service constitutes your acceptance of these Terms and Conditions. Vodacom reserves the right to modify the Service(s) where reasonably required, and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions." The word is "reasonably" not excessively Secondly, I have nine months the go until the contract ends . If i decide to cancel your rules are that I only get a 25% discount and are liable to 75% of the contract fee This means , if I give notice of cancellation now before the end of the month then the total contract price which am liable to pay is roughly R3555 . If I cancel then it means only a discount of R888 So, i am locked into this because of the unreasonable 75% rule and its not worth my while to cancel economically This is a form of duress as I am perforced to understand that Vodacom has harshly and unjustly enforced such a penalty Totally unacceptable and not legally enforcible by objective reasonable standards This price of a fixed term contract being unilaterally altered by Vodacom , this is misrepresentation ( innocent or dolus dans ) I did not contractually consent to an unreasonable increase , therefore the contract is voidable due dissensus Unless Vodacom can show to the contract asserter than this is a iustus error then it remains a material mistake/misrepresentation and I have the option to uphold the contract or rescind and claim damages Either way , cancellation or upholding the contract i can claim damages for the undue increase minus the contract price which ever is the lessor , unjustified enrichment is also an issue because Vodacom is enriched by the unduelly drastic increase in their tariffs IHowever , there was a duty on vodacom to inform the client that this modification is going and increase is going to occur The onus is on the contract denier ( vodacom) to act positivity otherwise this misrepresentation by omission for failure to discharge this duty The client must consent in writing . A tacit consent is not sufficient as any variation of a written contract must be in written , thus the increase is a breach of contract. The intentions and formalities is not a unequivocal reflections of what both parties intended to obtain when contracting. Certainly not from the contract assorter All oral variations must be in writing to have legal force and both parties have the reciprocal obligation to consent to these changes other wise there is dissensus and the breach is material voiding the contract This did not occur ( failure to inform in writing of any changes to a contract) as I was billed excessively unilaterally for a price increase I didn't initially contract for This amounts to a breach of contract and I reserve the right to uphold or cancel my contract If I uphold, legally i can also claim damages unjustified enrichment is also an element of this breach , If i cancel then its any increase minus contract price whichever is the lessor Please inform me of my right to cancell and claim damages for breach The price increase by vodacom is not locked, the contract denier will continue to raise subscription prices if not halted I would also appreciate a refund of all the money which was paid indebtum , thus when performance was not due but the enriching party ( vodacom) debited money without legal cause