Can Telkom...?

chrisc

Honorary Master
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Aug 14, 2008
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11,279
I suppose the answer is, yes they can

I have a pre-paid line in a rental house, for the convenience of the tenant. The lease states that he must keep the line current by paying the annual fee

Without my knowledge, he prevailed upon Telkom to change this to a post-paid line. I only found out on Monday when I received a registered letter from Telkom's collection attorneys demanding R 57124.14 for unpaid services

On calling Telkom, I was told that I myself had applied for the change in January 2013 and was thus liable. But I did not and the tenant must have persuaded Telkom that he was me. I challenged the tenant about this and he claims he knows nothing about it. I obtained an itemised statement showing that he calls his wife and son's mobile phone at least 20 times a day. He claims never to have received an account, but Telkom's invoice shows this address. When asked about paying the R57k, he says these are not his calls

Telkom will not discontinue the line until the full amount has been paid. Telkom's attorneys say I must prove that I did not request the service. The lack of a signed order is not proof they say

To test their ordering system, I called 10210 and found I could order a service for myself over the phone by simply providing my ID number and an address. Nothing needs to be signed
 

atomcrusher

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Jun 27, 2006
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4,208
@ chrisc4290
I can't offer advice, and sincerely hope you can get this sorted. In the last paragraph of your post you said
To test their ordering system, I called 10210 and found I could order a service for myself over the phone by simply providing my ID number and an address. Nothing needs to be signed
Did the tenant know your ID number?
 

chrisc

Honorary Master
Joined
Aug 14, 2008
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11,279
He must do I suppose. On the lease, it is not shown, but it is not rocket science to ascertain ID numbers. I'm off to the SAPS to report a case of fraud and sign an affidavit I have written
 

Mk786

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Aug 31, 2009
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2,857
Yikes. That's hectic man. How the hell are you going to prove you didnt order the line??
 

MickeyD

RIP
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Oct 4, 2010
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139,117
I have always queried the legality of these types of "telephonic contracts" and, quite frankly, I don't believe that they would stand if tested in court.

The onus CANNOT be placed back on the customer to disprove that he/she ordered the service.

The company alleges that all calls are recorded therefore they should be in a position to provide evidence of that call.
 

chrisc

Honorary Master
Joined
Aug 14, 2008
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11,279
Thanks for the 6 PMs received. I spoke to the fraud division of Telkom, they are more concerned with cable theft but gave me an address to which I can submit my complaint

Until this is resolved, I am still liable for the bill. Each person I spoke to at Telkom expressed amazement that the balance of the account had been allowed to accrue to such a large sum. However, despite the tenant alleging that he never received any invoices from Telkom, I see he made payment off and on 4 times during 2012 and also in January 2014

In the meantime, I have served him with an eviction notice. In any case, the lease expires at the end of October and I made it quite plain that no deposit will be refunded until this is sorted
 

chrisc

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Aug 14, 2008
Messages
11,279
The company alleges that all calls are recorded therefore they should be in a position to provide evidence of that call.

Unfortunately the recording system was not working at that time. This is the first thing I asked
 

Priapus

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Jun 8, 2008
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11,479
Unfortunately the recording system was not working at that time. This is the first thing I asked

Then they (Telkom) have a big problem on their hands as now they have no evidence of the call at all and no proof that you ordered the change.
 
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