Cellc robs me through fine print

Z

zizebra

Senior Member
Joined
Oct 6, 2011
Messages
804
Reaction score
13
Ladies and Gentlemen, what can i do in this scenario.

I tookout CellC contract on Saturday for a Mobile Device. However on Sunday I discovered that one of the buttons does not work properly. I need to exert enormous amount energy to get it to respond. Sometimes pressing the button simply isnt enough to get it responding.

I recall the Cell C reps telling me that, if the phone has defect or faulty reported within 7 days, it would be replaced.
Today being third day after taking the contract, I took it back and to my amazement, the reps told me that they would need to take device for evaluation for a period of 2 weeks. After which Cellc would then replace my phone depending on verdict. Upon asking why I didnt hear that portion on Saturday, the rep said, the clause is in fine print. In my opinion, the fault is obvious and can be demonstrated in seconds, yet CellC wants to take my device away for 2 weeks without replacement.

If this isnt robbery, what is?
what are my options, i need to take action againist this madness from Cell C
 
Nothing you can do, all op the Cellphone dealers do this, nothing new. They are full of promises, but when its time to collect on them promises, they all full of excuses and clauses.
 
xrapidx said:
Ummm... isn't that against the CPA?
Click to expand...
They're not refusing to replace they just want to make sure it is really faulty. It's not like the button fell off, so the fault is not that obvious to everyone. I'm sure they will get back to him before 2 weeks.
 
R13... said:
They're not refusing to replace they just want to make sure it is really faulty. It's not like the button fell off, so the fault is not that obvious to everyone. I'm sure they will get back to him before 2 weeks.
Click to expand...

thats a funny way to look at it, considering that this is touch phone with buttons that are not in plain sight where they can be plucked out or where they can fall off. All button are below flat surface. But that is beside the point, do you really need 14 Days to validate that there is fault when the fault is apparent. Whats utterly disappointing is that they cannot provide me with something to use for a phone that is barely 4days old.

Iam sure this is deliberate screwing of customers in the name of "We will replace it if it fails within 7 days".
 
Any and all contracts of sale (including this one) have a 7 day "cooling off period" as per SA law. Tell them that you're exercising your right to cancel the contract as per the above and something tells me you'll get a replacement much quicker. Either that or just cancel then take out a new contract and you have a new phone immediately :)

By keeping your phone for two weeks, they're not allowing you to evaluate and reflect over your decision during the cooling off period... very sneaky...(although that's not necessarily their intention)
 
Last edited:
zizebra said:
thats a funny way to look at it, considering that this is touch phone with buttons that are not in plain sight where they can be plucked out or where they can fall off. All button are below flat surface. But that is beside the point, do you really need 14 Days to validate that there is fault when the fault is apparent. Whats utterly disappointing is that they cannot provide me with something to use for a phone that is barely 4days old.

Iam sure this is deliberate screwing of customers in the name of "We will replace it if it fails within 7 days".
Click to expand...
.
They shouldn't need 14 days to "evaluate" it, they're just covering ass. Give them 2 days then phone and ask how far they are in the process. Insist they update you on progress even if they claim they have 14 days.
 
Dean said:
Any and all contracts of sale (including this one) have a 7 day "cooling off period" as per SA law. Tell them that you're exercising your right to cancel the contract as per the above and something tells me you'll get a replacement much quicker. Either that or just cancel then take out a new contract and you have a new phone immediately :)

By keeping your phone for two weeks, they're not allowing you to evaluate and reflect over your decision during the cooling off period... very sneaky...(although that's not necessarily their intention)
Click to expand...

Why do people who have no idea what they are talking about post this bull****? The cooling period applies to direct marketing sales only.

So unless you wanna sound like an idiot don't listen to this clown.
 
Griz said:
Why do people who have no idea what they are talking about post this bull****? The cooling period applies to direct marketing sales only.

So unless you wanna sound like an idiot don't listen to this clown.
Click to expand...

come on it applies to anything that a buyer has bought, even if its not faulty you can cancel the contract or the purchase. It is a cooling period valid to any purchase that a consumer makes.
 
jikajoe1 said:
Griz said:
Why do people who have no idea what they are talking about post this bull****? The cooling period applies to direct marketing sales only.

So unless you wanna sound like an idiot don't listen to this clown.
Click to expand...

come on it applies to anything that a buyer has bought, even if its not faulty you can cancel the contract or the purchase. It is a cooling period valid to any purchase that a consumer makes.
Click to expand...

No it doesn't.
 
Maybe they only have one person that does this job of "evaluating" in your area. Maybe you should phone him and ask to drop everything he is doing and attend to your phone right now. I mean, it isn't like a few hundred people is demanding to be help right away. The cheek of this so called technicians, how dare he make you wait. I mean, it isn't his bosses fault that they don't employ more people to do this job.

On the other hand, you did took the phone back within the 7 day period, at the very least you got some kind of proof of that, right? Like a piece of paper they print out to show that they took receipt of your phone....
 
beans100 said:
Maybe they only have one person that does this job of "evaluating" in your area. Maybe you should phone him and ask to drop everything he is doing and attend to your phone right now. I mean, it isn't like a few hundred people is demanding to be help right away. The cheek of this so called technicians, how dare he make you wait. I mean, it isn't his bosses fault that they don't employ more people to do this job.

On the other hand, you did took the phone back within the 7 day period, at the very least you got some kind of proof of that, right? Like a piece of paper they print out to show that they took receipt of your phone....
Click to expand...

Does anyone know if there is anything on this from CPA.
 
Griz said:
Why do people who have no idea what they are talking about post this bull****? The cooling period applies to direct marketing sales only.

So unless you wanna sound like an idiot don't listen to this clown.
Click to expand...

You reckon hey... bare in mind that I'm not referring to the CPA. I'm referring to a long-standing SA contract law that I learnt in a business law course in 2006 - well before the CPA was ever conceived.

Edit: Think the one that I was thinking of was stipulated in the NCA or similar - although come to think of it, I believe it excludes contracts concluded on the credit providers registered business premises - which I assume the Cell C store in fact was... which could render this argument invalid.
 
Last edited:
Dean said:
You reckon hey... bare in mind that I'm not referring to the CPA. I'm referring to a long-standing SA contract law that I learn in my business law course in 2006 - well before the CPA was ever conceived.

Still so really really pissed off that I mentioned it?
Click to expand...

I obviously forgot about that when I did my law degree, and admission exams, because I don't remember that part.
 
Griz said:
We do accept your apology :)
Click to expand...

haha am glad you're more interested in being right than contributing something useful to the thread - maybe comment on the edit, whether or not it would apply - whether a branch/store is deemed the registered business address or only the HQ - come on, I know if you try really really hard you can say something useful :D
 
Make sure that they give you a letter stating that you returned it, and that they advised you to try it for a further 2 weeks, if they refuse, then insist on an immediate replacement
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X