Cell C Mini Mayhem

[Blue bird bay]

Cell C recently ran a promotion on the new I pad Mini in retail giant Makro.

Being an opportunist i decided to go take a look and possibly take up the offer. The overview of the deal is that you can get yourself an I pad Mini (16GB) with 500MB of data a month for a very reasonable R199 PM.

The offer is granted on the My Meg 500. The reason for the thread however is because i am sure i am not the only person they caught with this. Cell C offers the tablet on the My Meg 500, and at the end of the month i received a staggering bill of R1500. The reason for this is because my contract is in fact an open contract! something that was not reiterated to me on an in store level or stipulated to me by Cell C.

See the thing is when i went to Makro the lady simply told me that i should fill in the application, not once telling me that it was the finalized contract agreement i was filling in, rather in her words "The Application"

She then told me that she will contact me telephonically to let me know about the outcome. The very next day i received a call telling me the unit was ready for collection, So i was like OK thats nice, and i collected the unit and paid my once off charge, thinking nothing of it as i also have two other cellphone contracts with Cell C.

The thing is though, when i received the bill i phoned Cell C to complain about this, after a lengthy discussion on the phone with the call centre manager, she simply told me that i owe the amount and there is nothing i can do about it, I ask her if she had alternative contact numbers for me apart from the devices number, she said yes, i asked her if she has my email address, she said yes, I asked her how was i not notified that i had depleted the 500MB cap, and that the line has been switched to an open contract? To which she replied, we do send notifications, however they cant be viewed from the Ipad.

I mean seriously, is it my problem that their notification system can not work on the device they are offering, it is not my problem as a consumer, I am sure many other people who took up this offer was caught with the same scam of a deal.

I then went on explaining that i will pursue the matter, because it is unacceptable that i am being held liable to such an amount, when it is my first month of having the device, and that i was not notified once of my usage or that the contract will switch to an open contract when i reached my 500MB. I feel it imperative that Cell C should surely have adequate supervision over what the guys on an in store level disclose to their customers? not once did the lady at Makro say anything to me apart from fill in the application and we will get back to you.

I am not a hundred percent sure on how to pursue this issue, i spoke to them for over an hour on the phone, my recording is clearly stated and addresses all of my questions in a clear manner, when i asked that a copy of the recording be sent to me she said that they are not allowed to as it is for internal reference only.

The obvious question is how could i not guess that i went over 500MB, well i have Wifi at work and at home, so being able to actually pin point how much data i am using is really not the easiest thing. i just don't understand how they though this would simply go unnoticed by consumers, maybe they thought... Hell if they don't get the message they wont know it switched over, and when the get smacked with a bill they will be too timid to actually do anything about it and just put a limit on their contract.... I am sure all of the devices they sold have a first month bill higher than R199.

This is a very simplified over view of everything that transpired, and yet it has already effected my credibility with credit institutions and other financial institutions to the extent that i now have issues with going about daily life!

Will Cell C be making up for this!? I don't believe they will.

Please anyone, if you can advise me on how to follow through with this it would be greatly appreciated, i have no clue on how to approach ICASA, or where to go with this, they blocked the line the moment i spoke to them on the phone, and have already scored my name on my credit record. This is not fair nor is it acceptable.

Hope to get some help.
Chris

 

[SYNERGY]

Bleh. You're liable end of the day as you used the data. You should always ask that they put a limit for you, whether hard or soft.
I know Cell C gives you a checklist, which you need to sign - stating that the rep explained a whole host of things to you, including Out of Box failure etc.

You don't really have any leg to stand on.
Sorry man

 

[Cygon]

So you took up an offer which you didn't really understand the specifics of, then signed a contract which you didn't read, and now you are complaining?

 

[falcon786]

Well contracts are open lines unless you put a limit on it or asked for a top-up type contract.

To be honest its your own fault for assuming you would get data for free after going through 500mb,you should be thankful you were not on vodacom as their out of bundle rates are much higher and your bill wqould have probably been over R3000.

Next time before you take out contracts etc be responsible enough to understand what you're getting yourself into.

I'm sorry but Cell c is not wrong in this case,you are....suck it up and learn to not impulse use next time without understanding what it will cost you.

 

[Blue bird bay]

Well as i mentioned, the forms i did sign was explained to me as the application form, not the actual contract. Having to other contracts with Cell C, they simply cut off when i have reached my limit, unlike this one. That being said i always receive some form of notification before i reach those limits, which wasn't the case with the Ipad.

Things is though I'm complaining because it wasn't disclosed to me, and any given time, i am also not accepting that i am liable for this as this is the first month i have had the thing, its not like I'm complaining now 5 months down the line here.

If they sent me some form of communication letting me know that i am about to be charged normally then i would have immediately activated a limit, but thats not the case, they simply left it and smacked me with a bill.

 

[Blue bird bay]

Falcon, Like i said my usage is hard to narrow down as a majority of the time i am on Wifi, now granted the usage is my responsibility, however i feel its a bit ridiculous considering i am sure there are many other people that had this happen to them, i just dont see how i should be liable when their notifications don't even work on a device they are selling??

 

[whatwhat]

In iPad if you go to General..Settings..About or somewhere there is a Usage option. It will show you how much cellular data you have used. What does that say, does it tie with with >500Mb?

 

[falcon786]

Falcon, Like i said my usage is hard to narrow down as a majority of the time i am on Wifi, now granted the usage is my responsibility, however i feel its a bit ridiculous considering i am sure there are many other people that had this happen to them, i just dont see how i should be liable when their notifications don't even work on a device they are selling??

Notifications dont work on any network on an ipad,not the networks fault.I use my 8ta online data checker to make sure I don't go over my usage on my ipad.

 

[Blue bird bay]

not anymore, because i have been using pre paid sims seeing as the cell c one has been soft locked. :/

 

[Blue bird bay]

Fair enough, however i am mostly on wifi so it auto connects the moment i walk into my house, so checking if their 500MB has been used is not really something i prioritize on. my other contract simply cut out, thus i feel it should have been stated to me somewhere along the line of the application process. when yo buy a car, do they go through the contract with you? yes they do. when you buy a house, do they go through the contract with you? yes they do, like i said, the lady told me it was application, not contract, nor did she go through that with me, so honestly their lack of in store safeguarding is not my problem as a consumer. They should have adequate training in place for them to sell those devices.

Fine print doesn't apply anymore.

 

[falcon786]

like i said, the lady told me it was application, not contract,

So you did not check what you signed,regardless of what you were told?And you thought they would hand over an ipad that you collected without a contract?Really?

How old are you btw blue bird?I'm not being sarcastic I'm genuinely asking.

 

[Blue bird bay]

Well look at the end of the day the reason for the post is to find out how to proceed if I want to fight them on this. Opinions aside, I completely understand how it does make for a stupid oversight, but that's not the point now. And yes lesson learned.

The point being that the lack of disclosure to me is an issue, and I feel it should be addressed, having signed the agreement is contractually binding, and im not a kid anymore so i fully understand that, not being notified adequately however is an issue, and maybe you guys want to be one of the type of clients that just accept that first months bill as a schooling fee, but I feel it's unacceptable.

Even the package itself makes it sound like its a package that is "top up styled" let me put it this way, it is as much my responsibility to oversee that the agreement I am legally forming with a service provider in this case as it is that providers responsibility to disclose the full terms of said agreement.

It is not an optional choice for these providers but a legal obligation under the CPA act to do so. Thus although I am accountable in the sense that the usage was from my device, I am however well within my legal rights to fight them on the legalities they over saw on an in store level.


These are common industry practices that I am well aware of for the simple reason that I have to abide by them in my industry. They are no exception to the rule, and shouldn't be treated as such either.

I'm not an idiot and understand that the way I got into the situation was a naive move from my part. But that's done and now it's to try and resolve what I feel should be.

As mentioned it would be a different story if this was brought up 5 months down the line but it being the first month of me having the device, I feel that it is a case where Cell C as a provider should at least be able to see that their poor communication is also a contributing legality that was overseen from their side to the issue at hand, and thus it should be resolved accordingly.

 

[Cell_C]

Well look at the end of the day the reason for the post is to find out how to proceed if I want to fight them on this. Opinions aside, I completely understand how it does make for a stupid oversight, but that's not the point now. And yes lesson learned.

The point being that the lack of disclosure to me is an issue, and I feel it should be addressed, having signed the agreement is contractually binding, and im not a kid anymore so i fully understand that, not being notified adequately however is an issue, and maybe you guys want to be one of the type of clients that just accept that first months bill as a schooling fee, but I feel it's unacceptable.

Even the package itself makes it sound like its a package that is "top up styled" let me put it this way, it is as much my responsibility to oversee that the agreement I am legally forming with a service provider in this case as it is that providers responsibility to disclose the full terms of said agreement.

It is not an optional choice for these providers but a legal obligation under the CPA act to do so. Thus although I am accountable in the sense that the usage was from my device, I am however well within my legal rights to fight them on the legalities they over saw on an in store level.


These are common industry practices that I am well aware of for the simple reason that I have to abide by them in my industry. They are no exception to the rule, and shouldn't be treated as such either.

I'm not an idiot and understand that the way I got into the situation was a naive move from my part. But that's done and now it's to try and resolve what I feel should be.

As mentioned it would be a different story if this was brought up 5 months down the line but it being the first month of me having the device, I feel that it is a case where Cell C as a provider should at least be able to see that their poor communication is also a contributing legality that was overseen from their side to the issue at hand, and thus it should be resolved accordingly.

Hi Blue bird bay

I fully understand your concern, You should have been make aware of what you are signing and the store should have made it a point to explain the terms of the contract.
Please PM me your account details, lets discuss it, and maybe you wont have to resort to extreme measures like ICASA.

Regards
*DM*

 

[Blue bird bay]

HI DM, Thank you,

I look forward to hearing from you.

Regards

 

[Vis1/0N]

You got of lightly. Do a search on OOB, and OOBShark on these forums. Read through this thread http://mybroadband.co.za/vb/showthread.php/510094-Do-you-want-to-help-defeat-the-OOB-shark . I think that the guy who was driving is no longer active here (a whole different can of worms) - you will realise that this is a major revenue stream for the cellular networks, and that the status quo is in their best interests.

Lots of people have had their finances and lives messed by these practices.

 

[sajunky]

At least with Cell C there is a way to avoid OOB sharks. Every month purchase R7.50 50MB bundle, it will keep your OOB at the rate 15c/MB (equal to in-bundle rate).

Different mechanism is on 8ta, which (normally) stops data feed and redirects to 8ta WEB site. Here you have an option to accept OOB (I advice never do it, but purchase a new bundle).

For Vodacom and MTN nothing has changed since the thread has emerged, this comment fully applies:

that this is a major revenue stream for the cellular networks, and that the status quo is in their best interests.

 

[falcon786]

I think that the guy who was driving is no longer active here (a whole different can of worms)

Aah so DJ and alf101 are banned,about time too.

Back to the topic.

Blue bird jay surely all the details were on the contract you signed,I don't suppose everything needs to be told to you verbally IMO even according to CPA.
Or are you saying no terms and conditions sheet was handed to you to read,in which case you may have a legitimate complaint.

Either way goodluck I hope the cell c rep can help you out and you learn your lesson in future.

 

[RichardG]

It's a contract clearly stated didn't say it was a top up contract, you as an adult should have taken time to read the contract agreement before signing on the dotted line. OOB are a reality and some folks on this forum have had bill shockers from R1 - R50000 in a month. Always ask your service provider to do a softline lock after you reach a certain amount lets say R200 or so.

If you wanted the iPad you should have taken it on contract and destroy the simcard that way you wouldn't be in the situation you are now.

Contracts = Profits for service providers if you not paranoid customers. I know someone who took out a blackberry and her first account came to R5 - 6 grand, she regret it and now is on prepaid.