Virgin Breeches Contract

Warren14

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May 6, 2011
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Location
Randburg
On the 07/11/2009 I bought a contract phone from Virgin Mobile Sandton Branch on a 24 month Business contract. The agreement was I would pay 384-54 X 24 months = R9228.96 plus R100-00 per month airtime. The Business contract further states that Virgin will make a deduction of R484-54 on the 1st of each month. On the 07th November 2009 I told their sales person ( Lindani) that I usually get paid on the 25th of each month but my salary only shows up in my bank account on the 26th of the month. According to her Virgin debit orders only go off on the 25th or the 1st of each month. I asked her if I could pay account every month but she said that Virgin only accepts debit orders for contracts. On numerous occasions Virgin has deducted my monthly instalment without my consent on a day that is convenient for them which is before the date stipulated on the contract. Today I tried to make a phone call and found that my phone has been blocked and I can’t make any calls. According to my partner, she phoned Virgin and the call centre agent said that they had blocked my phone because their debit order was rejected on the 21st may 2011.
1) I have never authorised Virgin to deduct any money from my account other than the date mentioned in my contract.
2) The excuse for a phone has given me problems since day one and every time I lost a signal I had to reboot it. It has broken down about a month ago and I am currently using a phone which I paid R1000-00 three years prior to this contract phone.
3) Point 4 at the bottom of the first page says “ I authorize and consent to you deducting my monthly commitments and any additional charges from my bank account/ credit card nominated by me on the agreed date”. Nowhere in the contract does it state any date that is convenient for you.

Could you please give me a settlement figure for my phone excluding my pre paid monthly airtime as you have breeched our contract and I whish to terminate it with immediate effect.
The settlement figure will be paid on the 26th May 2011.
The reason I have opted to contact you via My Broadband.Com is because your website only allows me to e-mail through a message box which would mean I would have no proof of our correspondence and there is no other way to communicate with you and have proof of our correspondence.
 
how about sending them a fax? That way you will have proof.
hellopeter usually works aswell
 
Maybe you should report this infringement to the ombudsman? Also, does the consumer protection act say anything about this?
 
I would say that is a breech of contract from their side & that would make the contract nul & void unless they come up with a really good excuse.
 
I would say that is a breech of contract from their side & that would make the contract nul & void unless they come up with a really good excuse.

Completely. There is no provision in their contract for them to take a debit order off anytime they feel like it. The 'public holiday' excuse is a very weak one, which won't hold up in any court of law.
 
Best wishes. I forsee a long and frustrating road ahead
 
Best wishes. I forsee a long and frustrating road ahead

I am on that road. 18 the of December 2010 instead of 1 January 2011. 26th of April instead of 1 May 2011.

I have been assured though that it will not happen again. I cannot seem to get better rates at any of the other providers and cost is most important for me; especially for international calls. What to do?
 
try Get closure, Virgin usually repsond through that channel, please report back here, if you have any luck, as I have had exactly the same experience, but was on a post paid basis, so just walked away
 
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