How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

I opened an account with a internet provider & was given an

Customer Question

I opened an account with a internet provider & was given an incorrect contract. After my 2 GB/month is used my acc. goes to per MB billing which I specifically did not want. They admitted their error and reimbursed my extra expense). As soon as I found out I requested to have my per MB billing limit set to R0 (serv. will cut after 2GB). I was reassured that I from now on would not incur any extra cost due to per MB billing. I then received a call a month or so later informing me that my bill for that month had exceeded R4700 due to per MB billing. Do I have a right to be reimbursed for my extra expense. The provider says at times there is a glitch and it removes the limit. As I signed the contract I have to pay up.
Submitted: 1 year ago.
Category: South Africa Law
Customer: replied 1 year ago.
How can I argue my case?
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.
Which extra expenses are you referring to? Did you pay the additional amount?
Customer: replied 1 year ago.
my contract states 2GB plus 3GB extra at night for R99 per month. If the GB are used up then it goes to per minute billing. So the extra expense is the anything above the R99.This is repetition but her are my two complains from hello peter. It might gives you some extra usable info
Complain 1: I asked about the different options of data accounts cell c has to offer at the somerset west mall branch. I specifically requested to get a contract that would cut off after my 2GB were used up, instead I was given one that I said I did not want, were after the data is used it goes to per MB billing with the result that my cell c payment this month was over R1000 and I am stuck with a contract I did not want. Luckily I managed to have someone at the call center set the cut off as I wish for the future.The representative admits that it was his fault, but there is nothing he can do about it now and the costs (R1000) of his mistake is on me.Complain 2: I opened an account with Cell C (Somerset West branch) in Jan & was given an incorrect contract. This resulted in a complaint (http://hellopeter.com/cell-c/complaints/mistake-of-cell-c-representative-cost-me-r1000-1656753) which has been resolved (I was reimbursed for Jan expense). After my 2 GB/month is used my acc. goes to per MB billing which I specifically did not want. As soon as I found out about this I went to my branch were they called Cell c cust. serv. & they & I spoke to a rep. that assured me that my limit was now set to R0 (serv. will cut after 2GB). I was reassured that I from now on would not incur any extra cost due to per MB billing. I then received a call from cell C a month or so later informing me that my bill for march had exceeded R4700. I requested that my internet immediately should be cut. I then called the manager at the SW br. who was shocked to discover it was so. Feb bill was R940.93 & Mar bill was R4704.84. So instead of paying R248 (2 month + R50 I requested extra) I paid R5763.77. I was informed that my R0 was reset to unlimited again.
Customer: replied 1 year ago.
Whatever I owe is automatically deducted from my bank account. I have no control over that. And only through the deduction did I realise that per MB billing occurred. So yes I paid.
.
Customer: replied 1 year ago.
Sorry correction, through the deductions and through two calls from cell c informing me of a high bill I found out that per MB billing occurred..
Expert:  WCLawyer replied 1 year ago.
And when you requested that you should be hard capped, they agreed that this can be done and it will be done? It was basically a glitch in their system that caused your bill to exceed the threshold as agreed between you and them?
Customer: replied 1 year ago.
yes, that is correct.
Expert:  WCLawyer replied 1 year ago.
If the agreement between you and the service provider was that they will absolutely cut you off at 2GB per month, but they did not do so as a result of their own negligence, then you should not be held liable for their mistake.
There are two places where you can try and resolve this. The first is at the Small Claims Court, where you can sue MTN for the amount that you have paid in excess of what you were supposed to.
The second place where you can try and resolve this, is at the Independent Communications Authority of South Africa. (www.icasa.org.za). You can even lodge a complaint through their website.
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.
Customer: replied 1 year ago.
"If the agreement between you and the service provider was that they will absolutely cut you off at 2GB per month, but they did not do so as a result of their own negligence, then you should not be held liable for their mistake." Which law states this? consumer protection Act?
Expert:  WCLawyer replied 1 year ago.
Common law of damages.
Customer: replied 1 year ago.
What does the "Common law of damages" exactly state (that applies to my case)?