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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I have cancelled my Vodacom account telephonically over

Customer Question

Hi. I have cancelled my Vodacom account telephonically over a year ago. As they did not stop the stoporder, I phoned them, then send emails and still they did not cancell the stoporders. I reversed the last payment. This now shows poorly on my credit score. I emailed them twice before they answered me by telling me that my account is at their pre-legal department. As I mailed this department, asking them to finally stop the stoporders, set my record right and repay the money that was deducted since I have cancelled my contract, they now want me to send a signed cancellation, only then they will set things right. As from the start, no-one asked me to do so. What am I to do now?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Barend B. replied 1 year ago.
Good day,In order for me to assist you, would you mind answering the following questions?What type of contract did you have with Vodacom?What was the duration of the contract?At what stage in your contract did you cancel the contract? What I mean is, was there still a certain time period left on your contract?What were the reasons for cancellation?Regards,Barend
Customer: replied 1 year ago.
Hi.
1 & 2. It was a 2 year contract with 100 free mins and sms
3. The contract started 23/06/2011. So it stopped in 2013. Thereafter, I did not renew the contract. I stopped it early 2014.
4. I rarely used the phone, as I had another contract with cell c.
Expert:  Barend B. replied 1 year ago.
Thanks. I now have a better understanding of your situation. Vodacom should have let you know from the start what procedure you should follow to cancel the contract. They were negligent. If they wanted a signed cancellation, they should have requested that from the start. I suggest that you send a signed cancellation to them, but state in the cancellation that you have lawfully cancelled it already in early 2014 and attach all your e-mails as proof, and demand that they refund you all the stoporders. If Vodacom fails to do so, which I am almost convinced that they will, I would suggest that you report them either to the National Consumer Council or ICASA. Because even though they may now require a signed cancellation, an emailed cancellation is legally acceptable according to the Electronic Communications and Transactions Act. You must make it clear in the signed cancellation that you send now, that the fact that you send the signed cancellation now, does not mean that you accept/concede that there was no valid cancellation before, but it is merely to speed up the process. You have legally cancelled it before. You're just now submitting the signed cancellation after the fact as per their belated request. Regards,Barend
Customer: replied 1 year ago.
The telephonic cancellations I made first, was that legal? I made a cancellation, stop orders did not stop, phoned again and the lady assured me it was cancelled the second time. Thereafter I send emails via their electronic system on their site.
Expert:  Barend B. replied 1 year ago.
Good morning,Telephonic cancellations are legal, but difficult to prove. They always say they record your conversations, so maybe they must get a copy of that recording if you can remember the exact date and time of your call. Regards,Barend