Assistance with taking legal action against Vodacom

[MyLowBandwidth]

So what? Then represent yourself in the civil court. A wrong is a wrong and 20 lawyers and advocates don't make it right. If you have a strng enough case, what can Vodacom and their legal team do to change the facts?

 

[Frikkenator]

That's not good news. I did not think something like this would be complicated...

As an example, even though you didn't sign the terms and conditions, chances are that there is a sign up somewhere that says all devices are handed in at own risk. Challenging the legitimacy of the sign falls outside of the scope of the small claims court.

The book-in sheet can have small print to the same effect. Whether it's legally binding or not is irrelevant as merely arguing it again falls outside of the scope of the SCC.

It doesn't cost you much to go the small claims court route, apart from time, so by all means go for it if you're up for the shlep, just don't get your hopes up.

So what? Then represent yourself in the civil court. A wrong is a wrong and 20 lawyers and advocates don't make it right. If you have a strng enough case, what can Vodacom and their legal team do to change the facts?

In a perfect world yes, in this world, no.

 

[Slootvreter]

Firstly, this is small claims court - one doesn't need any resources to take them on.
Secondly, they deal very easily with thousands of complaints every week. Another few isn't going to worry Vodacom in the slightest.

Do you not need any type of legal representation?

 

[Frikkenator]

Do you not need any type of legal representation?

Not in the small claims court, in fact you're not allowed any. They want to keep it accessible to everyone.

 

[hellfire]

But do they deal with 50 -100 small claims court demands every week? Taking a drastic step like lodging a small claims court claim or an offical complaint with the CPA, is a very different series of step than just lodging a compliant on hello peter or Facebook. Vodacom have automated dealing with those. they can't automate dealing with a CPA complaint or a small claims court demand.

We're arguing for the same side, sir

 

[IzZzy]

I do indeed, and I'd wager that this will not go to the SCC but will be passed on to the civil court where my above statement applies.

The SCC is there to handle simple, small cases, it is quite easy to complicate a case enough to have it handed over to the civil court.

Unless you have consented to jurisdiction of a particular court in the terms and conditions, Vodacom is not entitled to meri motu transfer the dispute to another court

 

[freematrix]

Unless you have consented to jurisdiction of a particular court in the terms and conditions, Vodacom is not entitled to meri motu transfer the dispute to another court

Well the fact is I won't know unless I try. This will be a learning experience for me and I am not going to consider this as any form of loss if I get nothing. No skin off my back.
I am at the stage of getting an affidavit and sending them a letter of demand. If I can ask should I send it via courier as we do not have a post office system running in the country at the moment? Do I have to send it to their Midrand Office? How do I know it will be passed on to the correct department?

 

[Grant]

Also, have you read the terms and conditions of the repairs service? From the T&C on the Vodacom website:

"1.2 Vodacom makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at your own risk. In particular Vodacom makes no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free."

The repairs service may or may not be related to Vodacom (Pty) Ltd, but I guarantee that they have similar terms of service.

**** these companies who try absolve themselves of any accountably or responsibility with terms & conditions stating they are not responsible for their own service.

here, larry david's answer to that in 60 seconds:
[video=youtube;N23acLGYIsw]https://www.youtube.com/watch?v=N23acLGYIsw&list=UUGm3p8cbctFRIXEtfbWiMxQ[/video]

 

[crackersa]

Unless you have extensive resources that you're willing to part with for a very unlikely very small victory (that decision in itself showing that you probably don't have extensive resources), legal action is not going to get you anywhere.

I'm not saying he/she shouldn't take a stand, but taking legal action against a corporate of this size for such a small matter is just a bad idea. There are better ways to take a stand.

And no, I don't think they will take notice and no I don't think they'll take corrective action as the chances of anyone winning are extremely low.

Hit them where it hurts, brand and revenue. Mark my words, legal will achieve nothing.

so, ready to eat those words?