MWEB Uncapped ADSL Feedback - Part 3

[MWEBHelp]

I both e-mailed and faxed my cancellation on the 27th of September and I also received a charge of R199 today. When I check my account statements, it seems like I was charged R199, then credited R199 and then, for some fantastical reason, I was charged R58 for my 1GB account which should have only cost R29.

"By using any of MWEB’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. MWEB reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at http://www.mweb.co.za/legalpolicies/. Customer's use of MWEB’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms."

^ This clause sounds illegal and in contravention of the CPA to me. I just can't see how a person can be bound to a contract that can be changed without any warning or even notice that such a change has taken place and which changes the user is not required to explicitly agree to before continuing use of the service. I'm unable to verify that this is the case at this moment, though. But others are welcome to take it to their legal advisers to find out - it may well be that we're all going through this trouble when, in fact, MWEB is actually in breach of the CPA.

I just wanted to leave this whole thing at R29 for the final month because it just didn't seem worth the fighting, but now I've been charged R199 and still haven't had word from the Cancellations dept so I'm extremely displeased.

Afternoon Hatefulsandwich, we bill in advance. Therefore you would have been double billed for the R29.00 package.

If the account cancels the end of this month, then you should be credited the R29.00

 

[Enzo Matrix]

I both e-mailed and faxed my cancellation on the 27th of September and I also received a charge of R199 today. When I check my account statements, it seems like I was charged R199, then credited R199 and then, for some fantastical reason, I was charged R58 for my 1GB account which should have only cost R29.

"By using any of MWEB’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. MWEB reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at http://www.mweb.co.za/legalpolicies/. Customer's use of MWEB’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms."

^ This clause sounds illegal and in contravention of the CPA to me. I just can't see how a person can be bound to a contract that can be changed without any warning or even notice that such a change has taken place and which changes the user is not required to explicitly agree to before continuing use of the service. I'm unable to verify that this is the case at this moment, though. But others are welcome to take it to their legal advisers to find out - it may well be that we're all going through this trouble when, in fact, MWEB is actually in breach of the CPA.

I just wanted to leave this whole thing at R29 for the final month because it just didn't seem worth the fighting, but now I've been charged R199 and still haven't had word from the Cancellations dept so I'm extremely displeased.

You signed it and agreed to it so no issues here.

Anyway cut your losses and dont look back

 

[Hatefulsandwich]

You signed it and agreed to it so no issues here.

Anyway cut your losses and dont look back

Actually, it doesn't matter if you sign something. If the clause is illegal, it's illegal. You can't just put whatever you want in a contract and then argue that the person signed it so they have no rights. I see this kind of thing around the CPA all the time because most consumers don't even realise they're protected from certain practices and because business owners know this, they have illegal contracts in place and nothing gets done about it until someone actually points it out.

As you can plainly see, my intention was to cut my losses at R29 by downgrading and cancelling the account. Since I have been charged R199 and no one has contacted me about this cancellation yet, I am quite irate and feel like making things as difficult for MWEB as they make things for their clients. Hence why I now feel like pursuing this issue where I didn't think it was worth it last week when I actually did the downgrading and cancelling.

Afternoon Hatefulsandwich, we bill in advance. Therefore you would have been double billed for the R29.00 package.

If the account cancels the end of this month, then you should be credited the R29.00

I don't understand how being billed in advance equates to double billing. By being billed in advance, I would expect a R29 charge on the 31st of the month just before the month for which I'm paying, not some underhanded double-charge. But it doesn't matter if I'm getting the amount returned, I guess.

So... I have paid R199 for a R29 service (a R29 service which I'm expected to pay double for in advance, apparently). Now I'm sitting with R141 credit with MWEB that I certainly never wanted because I don't intend to continue using their service. So, when the cancellation has been processed, I should be getting that R141 plus an additional R29 back, i.e, R170. Am I correct?

And I will only receive this amount at the end of this month?

My cancellation: REF# 20130927003120, if you have a moment to get someone on the cancellation department on that I would appreciate it.

 

[Leatherman]

Now I'm sitting with R141 credit with MWEB that I certainly never wanted because I don't intend to continue using their service. So, when the cancellation has been processed, I should be getting that R141 plus an additional R29 back, i.e, R170. Am I correct?

That is why I reverse the debit at my bank. I cant see why I need to loan a company I don't trust money.

 

[MWEBHelp]

Actually, it doesn't matter if you sign something. If the clause is illegal, it's illegal. You can't just put whatever you want in a contract and then argue that the person signed it so they have no rights. I see this kind of thing around the CPA all the time because most consumers don't even realise they're protected from certain practices and because business owners know this, they have illegal contracts in place and nothing gets done about it until someone actually points it out.

As you can plainly see, my intention was to cut my losses at R29 by downgrading and cancelling the account. Since I have been charged R199 and no one has contacted me about this cancellation yet, I am quite irate and feel like making things as difficult for MWEB as they make things for their clients. Hence why I now feel like pursuing this issue where I didn't think it was worth it last week when I actually did the downgrading and cancelling.



I don't understand how being billed in advance equates to double billing. By being billed in advance, I would expect a R29 charge on the 31st of the month just before the month for which I'm paying, not some underhanded double-charge. But it doesn't matter if I'm getting the amount returned, I guess.

So... I have paid R199 for a R29 service (a R29 service which I'm expected to pay double for in advance, apparently). Now I'm sitting with R141 credit with MWEB that I certainly never wanted because I don't intend to continue using their service. So, when the cancellation has been processed, I should be getting that R141 plus an additional R29 back, i.e, R170. Am I correct?

And I will only receive this amount at the end of this month?

My cancellation: REF# 20130927003120, if you have a moment to get someone on the cancellation department on that I would appreciate it.

That's correct, if you leave the R141.00 until the end of the month; there should be a credit of R170.00 upon cancellation.

 

[BeoTeK]

Long story cut short: They take the commencement date of your signed documentation and NOT the email that you initially send through. Yet they forget to mention that when replying to your email a few days later.

So for anyone not wanting to get fsked in the ring by MWEB, take note. I am now having to pay for additional month for fsk all!



gg wp

 

[Migs]

 

[cYcLIc]

image

This is a new low.

 

[MWEBHelp]

This is a new low.

Evening, the throttling is calculated over a 30day rolling period.(includes last months data)

The usage for this month was not updated via my account.

 

[TEXTILE GUY]

Well, if it makes the ex MWEB customers feel better - I owe MWEB for the notice month. I mailed them and asked for their banking details. Got the automated reply saying that I may be attended to in 48 hours ....... My response back to them was - Cool, its YOUR money, I don't mind waiting......

 

[MWEBHelp]

Well, if it makes the ex MWEB customers feel better - I owe MWEB for the notice month. I mailed them and asked for their banking details. Got the automated reply saying that I may be attended to in 48 hours ....... My response back to them was - Cool, its YOUR money, I don't mind waiting......

Evening, which email address did you mail to?

 

[illiterate]

anyone else getting bad ping in-game?

 

[MWEBHelp]

anyone else getting bad ping in-game?

Evening illiterate, which game are you playing?

Does your speed tests also reflect high pings?

 

[Seriously]

Goodness gracious me! What a new low indeed. This thread went from the best support thread for ISP's to a cancellations support and whining thread!

So glad I am done! No more Mweb ever unless they return to their former prime which I doubt seriously!

 

[X-Gamer]

Hey MWEBGuy, I was out of the country the last week and a bit, suffice to say, my ADSL disconnect issue has completely disappeared!

 

[Supervan II]

"By using any of MWEB’s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. MWEB reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at http://www.mweb.co.za/legalpolicies/. Customer's use of MWEB’s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms."

^ This clause sounds illegal and in contravention of the CPA to me. I just can't see how a person can be bound to a contract that can be changed without any warning or even notice that such a change has taken place and which changes the user is not required to explicitly agree to before continuing use of the service. I'm unable to verify that this is the case at this moment, though. But others are welcome to take it to their legal advisers to find out - it may well be that we're all going through this trouble when, in fact, MWEB is actually in breach of the CPA.

You are quite correct.
Extracts from the CPA:

NO UNFAIR, UNREASONABLE OR UNJUST CONTRACT TERMS

The Act prohibits “unfair, unreasonable or unjust” contractual terms, and regulates exclusion and limitation of liability clauses and disclaimers.

A supplier may not:

offer to supply, or enter into an agreement to supply goods or services, on terms that are unfair, unreasonable or unjust, or at a price which is unfair, unreasonable or unjust;

market any goods or services, or negotiate or conclude a transaction or agreement in a manner that is unfair, unreasonable or unjust; or

require a consumer to waive any rights, assume any obligation or waive any liability of the supplier, on terms that are unfair, unreasonable or unjust.

When is a term, transaction or agreement "unfair, unreasonable or unjust"?

There is no closed list of what will constitute an unfair, unreasonable or unjust term, transaction or agreement. However, the Act contains several examples, including:

if it is excessively one-sided in favour of any person other than the consumer or other person to whom goods or services are to be supplied; and

if the terms of the transaction or agreement are so adverse to the consumer as to be inequitable.

How are exclusions of liability affected?

The Act contains extensive provisions ensuring that "exemptions from liability" and disclaimers (colloquially often referred to as the "fine print") are properly drawn to the attention of the consumer. The Act requires that any provision or notice which:

purports to limit in any way the risk or liability of the supplier or any other person;

constitutes an assumption of risk or liability by the consumer;

imposes an obligation on the consumer to indemnify the supplier or any other person; or

constitutes an acknowledgement of any fact by the consumer;
must be written in plain language. The fact, nature and effect of such provision must be drawn to the attention of the consumer in a conspicuous manner and form likely to attract the attention of an "ordinarily alert" consumer in the circumstances. Importantly, it must be done before the consumer concludes the agreement, begins to engage in the activity, or enters or gains access to the facility, or is required or expected to offer consideration for the transaction or agreement. Consumers may not be required to waive their rights under the Act.

MWeb is in contravention of the CPA at the very least, and being deceitful to their customers at best!

I would suggest that MWeb Guy takes this up with his CEO and posts a response here

Posted by another dissatisfied/cheated exMWeb customer.

 

[Necuno]

You are quite correct.
Extracts from the CPA:




MWeb is in contravention of the CPA at the very least, and being deceitful to their customers at best!

I would suggest that MWeb Guy takes this up with his CEO and posts a response here

Posted by another dissatisfied/cheated exMWeb customer.

Why do you take it up with CPA? ISPA? ICASA?

With all due respect; Mweb Guy is just the mouth piece...

 

[Elax]

Goodness gracious me! What a new low indeed. This thread went from the best support thread for ISP's to a cancellations support and whining thread!

So glad I am done! No more Mweb ever unless they return to their former prime which I doubt seriously!

I wouldn't go back to them purely out of principle

 

[Necuno]

I wouldn't go back to them purely out of principle

Same here and will continue to spread this information.

 

[J0n0]

So I literally half my usage and get throttled all of a sudden?