Fraudulently signed contract Vodacom

[frustrated117]

I need some advice.

I recently took out a contract with Vodacom after porting from MTN. The day after I took out my contract, I noticed the subscription fee dropped by R40 per month. I went into the same store the next day and requested my contract to be cancelled or the subscription discount applied. I was told that I can not cancel the contract; I then advised them of the CPA cooldown period and they advised that they would investigate the matter and revert back to me.

During the first 7 days of my contract, my phone then had an Out of box failure, I returned my phone and it was rejected due to a small scratch on the phone. The store manager then sent me a copy of my contract where I initialled next to customer acceptance that I understand that a scratch might void the OBF return policy.

TO MY SHOCK, I NOTICED THAT THE CUSTOMER ACCEPTANCE NEXT TO THE PARAGRAPHS WERE INITIALLED BY SOMEONE AT THE SHOP AND NOT MYSELF. I signed the bottom of the page but never initialled the paragraphs. The store now sent the query to Vodacom Legal and does not want to comment further.

What can I do now? Should I pursue a claim of Fraud against Vodacom?

 

[shakes1]

It does sound like fraud, I would kick up a huge stink and make it ugly...

 

[R13...]

You can pursue the fraud but I'm sure cellphones can't be returned without charge once used. So you will have to pay a cancellation fee

 

[frustrated117]

Have you guys heard of something like this happening previously? I'm waiting to hear what Vodacom's legal team responds but as you can expect, they're taking their sweet ass time.

 

[hellfire]

Have you guys heard of something like this happening previously? I'm waiting to hear what Vodacom's legal team responds but as you can expect, they're taking their sweet ass time.

Heard of someone trying to back out of a signed contract?
For sure! It happens all the time.

 

[frustrated117]

Heard of someone trying to back out of a signed contract?
For sure! It happens all the time.

No Cases where the supplier signed a contract on behalf of a consumer? The point of this wasn't to back out of the contract but rather just have it at the reduced rate which launched less than 24 hours after getting the phone. And also to have a phone that's fully functioning.

 

[quovadis]

No Cases where the supplier signed a contract on behalf of a consumer? The point of this wasn't to back out of the contract but rather just have it at the reduced rate which launched less than 24 hours after getting the phone. And also to have a phone that's fully functioning.

You buy 'x' on day 1 - On day 5 'x' is half price - Do you demand that the retailer refund you?

There are millions of people in SA who signed 24 month contracts for service at a specific price which now is more expensive than other cheaper deals or options available - Because they exist does not entitle you to them. (Whether the deal arrived or changed 1 day later or 1 year later).

Have Vodacom refused to repair your phone or are you upset that they are not offering a brand new replacement of your physically damaged phone?

If you did not read the entire agreement you entered into why did you sign it?

Also, when quoting the CPA please understand that the cooling off period relates only to direct marketing (you were directly contacted by Vodacom who wanted you to take this deal and specific phone) and certain online deals subject to the ECT act.

 

[HavocXphere]

Sounds mighty dodgy...and definitely a case where I'd expect VC to "do the right thing".

However, legally you're standing on slightly shaky ground here. Initialing paragraphs is not legally required. Generally signed final page and initial on each page is enough. So you signing at the bottom is likely sufficient to make it stick. Also I doubt you can enforce the cool-down with the product having received significant wear & tear (aka scratch) in said time.

That being said store staff falsifying initials/signatures is entirely unacceptable & I'd be inclined to kick up one hell of a shtstorm.

 

[frustrated117]

I wanted them to fix the phone. They contacted me and notified me that the tests were all clear and no issues found and even if there was an issue, the scratch voided the OBF. I have requested the diagnostic results but they were unable to provide me with the same.

The phone is now with another technician to check which makes me believe that they have not tested it the first time.

The point of this is actually the fact that a staff member found it fit to sign a contract where I was supposed to sign, with my initials; I do not believe that to be fair in any context?

 

[frustrated117]

Sounds mighty dodgy...and definitely a case where I'd expect VC to "do the right thing".

However, legally you're standing on slightly shaky ground here. Initialing paragraphs is not legally required. Generally signed final page and initial on each page is enough. So you signing at the bottom is likely sufficient to make it stick. Also I doubt you can enforce the cool-down with the product having received significant wear & tear (aka scratch) in said time.

That being said store staff falsifying initials/signatures is entirely unacceptable & I'd be inclined to kick up one hell of a shtstorm.

Thanks! I guess I will need to wait and see what the Legal team responds

 

[DA-LION-619]

I think if the phone is an out of box failure, you get a new one not a refurb

 

[boxerulez]

You buy 'x' on day 1 - On day 5 'x' is half price - Do you demand that the retailer refund you?

There are millions of people in SA who signed 24 month contracts for service at a specific price which now is more expensive than other cheaper deals or options available - Because they exist does not entitle you to them. (Whether the deal arrived or changed 1 day later or 1 year later).

Have Vodacom refused to repair your phone or are you upset that they are not offering a brand new replacement of your physically damaged phone?

If you did not read the entire agreement you entered into why did you sign it?

Also, when quoting the CPA please understand that the cooling off period relates only to direct marketing (you were directly contacted by Vodacom who wanted you to take this deal and specific phone) and certain online deals subject to the ECT act.

I have done this twice at Game. And I recieved a nice voucher for the difference every time. Not on a cellphone contract though. Once on a TV and once on a laptop.

 

[boxerulez]

Alas agreed on that. Whether you initial the paragraph or not. It is included in the contract you signed. Should read **** before signing.

 

[Arthur]

I find your blindness and presumption staggering. It is actions like yours that break down trust in society.

You freely go onto the property of another party, you offer to sign a two year agreement with them. They accept. You sign in your own hand as a warrant of your agreement to the terms. And then you return shortly thereafter to break your word, demanding that they accept the return of a now used and apparently scratched phone, a device that costs thousands of Rand.

On top of that, you cite to them some legalistic technicalities. You freely admit to signing the contact and agreeing to its terms and conditions, but you insist on a technicality that you didn't initial on a particular spot on a particular page even though you signed the page and thereby agreed to its contents (the failure to have you initial the special spot was probably an oversight by an inexperienced salesperson, and in any case unnecessary since you had signed the whole page). You insist on having the right to break your word, and lambaste them for not keeping theirs to the letter and beyond.

What staggering hypocrisy!

And you now come to this forum and publicly accuse the other party of fraud and deceit and bad faith?? You admit to breaking your own word to them, and yet insist they keep theirs? Are you insane?? Have you lost your marbles entirely???

My friend, what has happened to your own sense of honour?

What has happened to your sense of justice and fairplay?

Has your father not taught you how to be a man? Are you an orphan, or an ignoramus who grew up in the jungle?

You are telling us that your own promise, given and attested to in a mark signed by your own hand as proof that you act freely and in good faith, is pretty much worthless.

My advice to you:

Go to the store and apologise for the hassle you have caused. Abide by the terms of the agreement. Grow up. Protect you honour. Refuse to compromise your integrity for mere money.

And please don't ever approach me or anyone in my business. You have told the world that you're the kind of person who can't be trusted to honour his side of a written contract. Well, I don't want your word or your money. They're tainted.

 

[cpu.]

I find your blindness and presumption staggering. It is actions like yours that break down trust in society.

You freely go onto the property of another party, you offer to sign a two year agreement with them. They accept. You sign in your own hand as a warrant of your agreement to the terms. And then you return shortly thereafter to break your word, demanding that they accept the return of a now used and apparently scratched phone, a device that costs thousands of Rand.

On top of that, you cite to them some legalistic technicalities. You freely admit to signing the contact and agreeing to its terms and conditions, but you insist on a technicality that you didn't initial on a particular spot on a particular page even though you signed the page and thereby agreed to its contents (the failure to have you initial the special spot was probably an oversight by an inexperienced salesperson, and in any case unnecessary since you had signed the whole page). You insist on having the right to break your word, and lambaste them for not keeping theirs to the letter and beyond.

What staggering hypocrisy!

And you now come to this forum and publicly accuse the other party of fraud and deceit and bad faith?? You admit to breaking your own word to them, and yet insist they keep theirs? Are you insane?? Have you lost your marbles entirely???

My friend, what has happened to your own sense of honour?

What has happened to your sense of justice and fairplay?

Has your father not taught you how to be a man? Are you an orphan, or an ignoramus who grew up in the jungle?

You are telling us that your own promise, given and attested to in a mark signed by your own hand as proof that you act freely and in good faith, is pretty much worthless.

My advice to you:

Go to the store and apologise for the hassle you have caused. Abide by the terms of the agreement. Grow up. Protect you honour. Refuse to compromise your integrity for mere money.

And please don't ever approach me or anyone in my business. You have told the world that you're the kind of person who can't be trusted to honour his side of a written contract. Well, I don't want your word or your money. They're tainted.

I agree with what Arthur said...but not the drama that went with it.

 

[hellfire]

I have done this twice at Game. And I recieved a nice voucher for the difference every time. Not on a cellphone contract though. Once on a TV and once on a laptop.

Game has a 3 week price drop policy for both their store and if you find your item cheaper anywhere else

 

[frustrated117]

I find your blindness and presumption staggering. It is actions like yours that break down trust in society.

You freely go onto the property of another party, you offer to sign a two year agreement with them. They accept. You sign in your own hand as a warrant of your agreement to the terms. And then you return shortly thereafter to break your word, demanding that they accept the return of a now used and apparently scratched phone, a device that costs thousands of Rand.

On top of that, you cite to them some legalistic technicalities. You freely admit to signing the contact and agreeing to its terms and conditions, but you insist on a technicality that you didn't initial on a particular spot on a particular page even though you signed the page and thereby agreed to its contents (the failure to have you initial the special spot was probably an oversight by an inexperienced salesperson, and in any case unnecessary since you had signed the whole page). You insist on having the right to break your word, and lambaste them for not keeping theirs to the letter and beyond.

What staggering hypocrisy!

And you now come to this forum and publicly accuse the other party of fraud and deceit and bad faith?? You admit to breaking your own word to them, and yet insist they keep theirs? Are you insane?? Have you lost your marbles entirely???

My friend, what has happened to your own sense of honour?

What has happened to your sense of justice and fairplay?

Has your father not taught you how to be a man? Are you an orphan, or an ignoramus who grew up in the jungle?

You are telling us that your own promise, given and attested to in a mark signed by your own hand as proof that you act freely and in good faith, is pretty much worthless.

My advice to you:

Go to the store and apologise for the hassle you have caused. Abide by the terms of the agreement. Grow up. Protect you honour. Refuse to compromise your integrity for mere money.

And please don't ever approach me or anyone in my business. You have told the world that you're the kind of person who can't be trusted to honour his side of a written contract. Well, I don't want your word or your money. They're tainted.

The main point of concern is the fact that the phone that's faulty, is not being fixed. OVER AND ABOVE all of that I noticed all the other things going on.

If each person it happens to, let's it slide, there won't be any need for shops to provide the service and care necessary to retain customers. Customers would just need to be happy with what they got.

I would gladly do contracts with you as I can add things afterwards and initial the pages you missed on your behalf and I know that you would be happy with it.

Not only did they initial, they also scrapped out paragraphs and underlined and circled other ones. Something that CAN NOT happen once a contract has been signed (especially given the fact that I was no longer present at the time).

 

[xrapidx]

Well - I have a thread where they claimed my waterproof phone was water damaged, and not covered by warranty - after a bit of an argument , it was agreed that waterproof phone failing due to water damage was not acceptable, and would be repaired under warranty.

Weeks later the phone was returned as repaired, and they wanted me to pay for the job - I refused, and left the store - turned out the phone was not even repaired, and had to be sent again for WEEKS.

Vodacom basically wanted me to pay for a phone which wasn't repaired.

 

[Arthur]

You're bullschitting.

Your own post says:
1. You signed the contract. Morning and evening, the first day.
2. The next day the price changed to R40 less. Morning and evening, the second day.
3. The next day you went in to cancel your contract. Morning and evening, the third day.
4. Your phone had an OOBF "during the first 7 days".

An OOBF is exactly what it says - dead when you take it out of the box.
Did you only remove your phone from the box after you went to cancel the contract on the third day? Why?

If you suggest that you only opened the box after you went to cancel your contract on the third day, I don't believe you. Why did you not take the unopened phone back to the shop when you wanted to cancel? If you were acting in good faith that is exactly what you would have done. But your didn't because you weren't.

No, sir. Your story doesn't stack up. You are lying. Your own story convicts you.

 

[Rocket-Boy]

I used to see that often when I was in cellular many years ago.
Generally the junior sales people would forget to get a client to initial the paragraphs stating that they had read the terms and rather than getting them back in would initial it themselves.
Im guessing that is what happened with yours.