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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15434
Experience:  L.LB (UOVS)
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I had a contract with Altech Netstar for a tracking unit. 13

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I had a contract with Altech Netstar for a tracking unit. 13 months before the contract expired, I changed my vehicle. They took the tracking unit out of the old car, but never reinstalled it in my new vehicle. I called several times and drove my new vehicle without a tracking device for 3 solid months. I then approached another tracking service provider to install a tracking device in my new vehicle.

From the day Altech Netstar took the tracking unit until 5 months thereafter, I paid their monthly fees as it was on debit order. They then cancelled the debit order with my bank. It didn't really bother me. Thereafter, 3 months afterwards, I received a call from their offices claiming that my payments were behind. When I explained to them what had happened with the tracking unit, they sent me a contract cancellation letter. Thereafter, 4 months after that letter, they referred the case to the VVM debt collection laywers. They have since been harassing me to pay Altech Netstar plus their fees.

I don't believe that this is correct, as I had paid Altech Netstar for 5 months without a service, then they are claiming payment for 3 months still with no service. They say that it was my responsibility to ensure that the unit was reinstalled in my car. The question is how many times and how long did I do that, and moreover the exposure I had of driving a new vehicle without a tracking device. Why then did they suddenly cancel the debit order, where is the unit and how much money have they made using it elsewhere?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

Just to confirm: They stopped the debit order from their side. It was not because your debit order did not go through or anything like that?
Customer: replied 2 years ago.
No, they stopped it. It was a debit order of R115 per month
Expert:  WCLawyer replied 2 years ago.
They took the unit back?
Customer: replied 2 years ago.
Yes, in June 2012 they took the unit back as the old car was sold to a dealership. They sent their technician to remove the unit. The idea was that they should reinstall that unit in my new vehicle and they didn't . The contract was supposed to end in July 2013 but they cancelled it in Feb 2013 but the payments had continued on the debit order from June to Nov 2012 without the unit. In Feb 2013 I got call from their offices querying non-payment and when I advised them of the situation, they sent a contract cancellation letter. The fact that they cancelled when I explained to them on the situation, confirmed to me that they knew that the unit was in use with another client. It took less than a week to get that cancellation letter.

. Then in June 2013 I started getting the harrassing calls from VVM the debt collectors. They've just called me again about an hour ago.

The unit was removed by their technicians at the dealership where I had sold the car.
Expert:  WCLawyer replied 2 years ago.
So, the letter is not some form that you need to complete in order to cancel the agreement. It is a letter from them that says that they regard the agreement as canceled?
Customer: replied 2 years ago.
Yes that is correct, it was a letter from Altech Netstar canceling the contract. I forwarded copy thereof to the VVM debt collectors as their claim is for non-payment from Dec 2012 to end Feb 2013

The letter was issued on 13 Feb 2013
Expert:  WCLawyer replied 2 years ago.
And they did not take note of this letter and are still calling you to pay?
Customer: replied 2 years ago.
Yes they are
Expert:  WCLawyer replied 2 years ago.
I just have one more question: This letter, does it state a date from which the contract will be canceled?
Customer: replied 2 years ago.
Yes it does. It is on the date of the letter
Expert:  WCLawyer replied 2 years ago.
If they have canceled the agreement, took back the unit and stopped the debit order, there is no way that they can successfully sue you or collect the amount of money that they claim you owe them from the date of the letter until the date of the end of the contract. There is simply no law that allows for that.

I suggest you do the following:

1. Write them a letter in which you tell them that their client canceled the agreement, that you have already forwarded the letter to them and that if they want to collect the money, they should just go ahead and sue you.

2. Inform them that if they do, you will defend the matter and also enter a counter claim against their client for the payments that was made when you did not have any service. You will also ask for a cost order on an attorney and own client scale, because you have informed them that they have no claim, it is clearly evident and still they proceed with their action against you.

3. Inform them further that if they blacklist you, you will hold them liable for the costs of removing you and you will also sue them for defamation of character, for blacklisting you for no reason at all.

4. Finally inform them that you are not going to enter into any further telephonic or written correspondence with them and that, if they want their money, the next thing you want to receive from them is a summons. That if they continue this behavior, you will lay a complaint with the law society and that you will also obtain an interdict in terms of the Protection from Harassment Act against them.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15434
Experience: L.LB (UOVS)
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