Common Law and MTN.

marco

marco

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"If someone sells you something knowing that it has a fault and doesn't tell you about it, you can claim for damages."

This is a paste and copy of the consumer law.

MTN did not inform me that their data counter is faulty and I used it according to their data balance thereby causing me to go over my cap.
 
Although my sympathies are all with you the problem I see with your logic is that they did not sell you their data counter but the data that you actually used.

If you can establish that they undertook to stop you going over any limits and they failed to do this you could have a claim. However from what I know of the mobile operators they will have clauses in the fine print of the contract you signed with them absolving them from liability should the info from their counter be wrong.
 
too bad marco,they did not sell you the data counter otherwise you would have sent it in for repairs,i guese the phone and the data they sold you worked just fine...don't try them on this one.
 
I bought the F@stlink and the data.
The F@stlink counter is pathetic so I can't use it. MTNActive website data counter is even worse. Dialing 162 for my balance is also incorrect.
Now what must I use to monitor my usage?
MTN did not tell me that there is no way to monitor my usage. Nor did they tell me not to use THEIR counter. Why put it there if it does not work.
 
@ Marco, im not sure why you would consider upgrading your line, cant tell me it's cause of familiarity cause thats just a minor hindrance:confused:
 
No, I can't migrate as MTN don't like me. They wish I would migrate to Siberia.
 
As it is now fairly common knowledge that the MTN data counter has been a mess for months, where you COULD have a legal claim against the company is if you signed an excess cap.

I have an MTN 10MB cap through MWeb as the service reseller, and if they allow me to exceed my package by more than 10MB, THEN I would have a legal leg to stand on. (Unless of course the fine print kicked in, where I exceeded that cap in an ongoing session; it's supposed to block any FUTURE sessions once the cap has been exceeded, but that's another story).

So anyone struggling to keep track of their MTN data use, I would suggest this is the way to go. In the beginning when the MTN data counter began going haywire, I successfully reclaimed for 200 MB excess data thanks to my signed cap.
 
snakepit said:
@ Marco, im not sure why you would consider upgrading your line, cant tell me it's cause of familiarity cause thats just a minor hindrance:confused:
Click to expand...

I actually wanted the HTC Dream for R108/m only available from MTN. A bargain of the year.
 
I didn't they had a cap.
"Common Law" means a law that does not need to be passed by a Gov. body. ie
Murder, theft etc. Also paying for a service that does not work. Or like buying a car with a defect known to the seller.
Unfortunately the Consumer Protection Act only comes enforceable next year.

So I am going for the Common Law at this stage. If it does not work, I will go for the National Credit Act.
 
phoneJunky said:
marco, get netlimiter to keep track of your data
Click to expand...
I got Netmeter, but I use the modem on different computers and the sim in my cellphone. How to keep track on all this? I decided on the wireless as I need it on the go.
 
I downloaded a bandwidth monitor to help with mine, but I see your problem, using it on different computers.
 
MTN 808 also FALSELY ADVERTISES your available data as 2 to 24 hours out of date. Their figures are up to 90 days out of date (although my measurements and recorded conversations only extend to 16 days) In terms of the Consumer Protection Act of 2008, they have to supply to you what they advertise to you. They cannot provide available data accurately on the contract platform yet. MTN also doesnt like me - they wont migrate me to top up either.
 
Yes, Topup balance works in realtime. And accurate. Why can't the others?

I also have 90 days backdated stuff.
 
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