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I am seeking legal advice for legal action against telkom.

Hi I am seeking...

Hi I am seeking legal advice for legal action against telkom

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Capetown South Africa

Lawyer's Assistant: Has anything been filed or reported?

Yes I have cantacted telkom but no avail they refuse to resolve my issue even after they promised to also they are responsible for my current issue

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been with telkom for only about a year and have recieved nothing but terrible service. When I took out a contract with them (4mg line, including router and I had a telkom line set up). Firstly they did not install it immediately, when they did, they only set up the line and connection(splitter etc) however no router as promised, weeks after the router was promised I had to go to telkom in person to get one from them instead of it being delivered. in the end it seemded as if I was being stalled, in other words even though I paid the full amount I was unable to use the serverice for the first month.My main issue is that a telkom technician was here 3 days ago to fix an issue but they actuall cut my line, literally and therefore I cannot use the service I am paying for again, I have logged and followed up on the fault and I have been told that on mutiple occations "telkom tecgnicians were onsite but turned around because they were no RIGHT for tge job" my caps. This tells me that they usually send unqualified or incompetent staff. I rely on internet as I am a developer and occasionally internet fir my work

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Answered in 1 day by:
1/20/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,714
Experience: BCom; LLB; Masters in Law
Verified
Hi there,
So what sort of legal advice are you looking for?
Are you willing to spend money to go to court to fight telkom?
Do you still want the service, or do you want to cancel it?
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Customer reply replied 7 months ago
Hi There,Sorry for taking so long to reply, as u know I currently don't have access to the internet. I am replying from my work place. As for legal advice, yes I was hoping to be able to fight telkom only if possible however I want to have a good chance of winning. I am unsure whether it will be possible or not to win considering the fact they are pretty much untouchable for the most part. I am fresh out of college, just started working as a software developer and I don't think I could afford a lawyer.. How much would it cost? and do I stand a chance? are my main concerns right now, however I do rely on internet to do my online courses, etc. Therefore I think I will have to keep using the service. BTW I went to the nearest telkom again this weekend and spoke to another telkom consultant over the phone and I still made no progress, I even asked a copy of my contract (I was not given one when I signed up, dumb I know but i still don't have it), I asked if there was any way to speed up the process of having my issue resolved, I was told that "It depends on the technition", I cant depend on a service that operates like this. Is there anything I can do to resolve this issue? or somehow push back so that they will think twice before doing something like this again? I realize how childish I must sound but I am fed up. Would it be possible you could call me? however I will only be available at 6pm. I would understand if it was not possible as I do not want to wast your free time.
Customer reply replied 7 months ago
Hi There,Scratch that about speaking over the phone, its a bit too expensive.

Look, your basic telkom telephone line is typically on a month to month contract, which means that you can cancel that at any point in time.

Your ADSL line however, you said is on a contract. I think that it is probably a 24 month contract if you got a free modem with it. That means that unless you can prove that Telkom are in breach of the contract, you can't simply cancel the contract.

For Telkom to be in breach of the contract, they must NOT be providing the service to you.

Now that's different to there being a problem with the service and them sending a technician out to fix it. As long as they are taking steps to fix a service, they are not in breach.

Also, the Telkom ADSL service is a "best attempt" service, which means that they don't actually guarantee any line speed. That means that you could be far away from the exchange and getting slow speeds, and there really isn't anything that you can do about it.

You're not going to get anywhere in court. You're not the first to try. Court is costly.

Your best bet (unfortunately) is to hold tight and let them sort out the connection!

The terms of your contract are unfortunately NOT in your favour!

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Customer reply replied 7 months ago
Firstly thank you for your help, I understand I wont get anywhere with my situation. Just one matter I want to clear on. If Telkom sent a technician to clients's home to fix an existing issue with their telephone line, but damaged another clients line (me) resulting in no tellephone or adsl connection, would it not count as breaching the contract? I am unable to connect and they are not making any effort to resolve it and even notified me of technicians turning the other way when they where assigned and on premise (as they stated).
No. Not in my opinion. A breach is a positive action which they would need to take in order to show you that they don't intend complying with the terms of the contract. They just broke your line by mistake.
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,714
Experience: BCom; LLB; Masters in Law
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CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 6 months ago
Well I guess that is that, I understand. Thank you for clearing everything up for me.
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