Virgin Mobile screwing me over: what are my rights?

[Edwe]

In summary: I don't have any service (not even voice or SMS). I'm stuck in a contract, and Virgin won't provide service or cancel the contract without me having to pay a fee. Is this legal? The contract I signed said my phone and SIM have a warranty of the same duration as the contract (24 months), but the people at the VM store say Virgin "changed their policy" w.r.t. replacing SIMs (I suspect they finally realized that their inferior quality SIMs are useless). I did not sign any new document nor was I even notified of this policy change.

My Virgin SIM stops working about once every 3-6 months. Even when it is working, my crappy phone (Samsung STAR which I got as a last minute downgrade from an old HTC TyTN II) often says "Limited Service" in areas where there should be service (Stellenbosch, Somerset West, Cape Town). For the first year of my 24 month contract, Virgin replaced my SIM for free. Now, all of a sudden, they want to charge me R50 to replace the SIM or to repair my phone and say they can't give me a replacement handset while my phone is in for repairs (even though they admit it would take at least a month to repair). I told them I view this as a breach of contract as they are not providing me with any service. Apparently, if I want to terminate my contract, I would have to pay an R800 fine.

What are my rights regarding this issue? Can they simply "change their policy" in a manner which contradicts my original contract without my consent? Should I contact head office to complain or should I go to a higher authority (ICASA)? Excuse my ignorance regarding this matter, but I've never had such a big issue with any of the other networks.

On a different notice: why R50 for a SIM when VM is giving away SIMs for free at Somerset Mall?

[efons]

Ok.. so we had a Nokia that was not even 6 months old.. Took it back to Virgin as it was under contract... They sent the phone in and 3 weeks later say we must pay R550 for repairs.. This is from whoever Virgin uses to repair the phone.. We say the phone is under contract and not even 6 months old.. Ho they say and ask for the copy of the contract so that they can see thats its not 6 month old.. Now this is where the fun begins.. Virgin can not give us a copy because they don't have it... We then say well cancel the account.. they say we have a contract.. I say show me please.. and so this goes on for over 3 months.. No Phone as its still with the repair company.. ok so we contact ICASA... We explain.. that all we want is a copy of the contract so that Virgins repair company can see and not charge our phone for repairs as its still under warrenty... and nothing... and this just carries on and on... I would suggest pay the R50,, once the contract is over.. move!!!...

[Edwe]

Ok.. so we had a Nokia that was not even 6 months old.. Took it back to Virgin as it was under contract... They sent the phone in and 3 weeks later say we must pay R550 for repairs.. This is from whoever Virgin uses to repair the phone.. We say the phone is under contract and not even 6 months old.. Ho they say and ask for the copy of the contract so that they can see thats its not 6 month old.. Now this is where the fun begins.. Virgin can not give us a copy because they don't have it... We then say well cancel the account.. they say we have a contract.. I say show me please.. and so this goes on for over 3 months.. No Phone as its still with the repair company.. ok so we contact ICASA... We explain.. that all we want is a copy of the contract so that Virgins repair company can see and not charge our phone for repairs as its still under warrenty... and nothing... and this just carries on and on... I would suggest pay the R50,, once the contract is over.. move!!!...

Problem solved: I went into the store complaining about all my problems with VM to one of the assistants at the counter. I did this at the top of my voice (not yelling though, just the way people who are going deaf tend to do). Threatened them with ICASA. When the other customers started to leave, the store said they would replace my SIM for free after all and (in a whisper) admitted that they have been getting a lot of similar complaints.

I imagine if everyone just made a big enough fuss, Virgin would have to react. I don't agree with the "just pay the R50" attitude. It's not about the money, it's about the principle. If they wanted to charge me 5 cents, I would have done exactly the same.

South Africans need to stand up to service providers and stop taking this kind of nonsense. Until we do, this kind of abuse will continue.

[Edwe]

It's not even three months later, and I have exactly the same problem AGAIN! What do I do? Please someone? I can't take this VM hell anymore!

[eshwar]

Sorry for waking this thread up late, but did you come right?

I believe the NCC can still help you out because you have a reasonable expectation of service.