MWEB Abuse Notices Complaint

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Paul Hjul

Honorary Master
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As I said during last week - and the week before - I believe it is necessary to in addition to a consumer boycott take MWEB to task on their nonsense. I have put together my complaint, it isn't my best work but unfortunately I decided a 14 day deadline in imperative here and I have appointments from 16:00 today. So only a single glance proof-reading was done :(

The goal has been to lay a foundation on this whole thing.

A reference number [REF# 20130826006043] has been assigned and as far as possible I will keep everybody posted.

I will put up a template for additional complainants but please feel free to use and share and share alike.View attachment MWEB Complaint Hjul.pdfView attachment MWEB Complaint Hjul.docxView attachment MWEB Complaint Hjul.pdfView attachment MWEB Complaint Hjul.docx

Of course if SAPS and the NPA are being daft I wont have much time to chase up on this as I expect the paddy wagons to start picking up all us "hackers" in the next few days ... - it will probably be a welcome distraction for the staff an #ANN7
 
lol - the good news is that the one I sent to them - with a signature - has it correctly set as 17 pages :D

I have received a reply - a really idiotic one but need to caution publication before doing so. Will update.

Either MWEB has some wonderboys working for them or they didn't apply their mind to the complaint to reply with anything other than an acknowledgement of receipt
 
Paul Hjul said:
lol - the good news is that the one I sent to them - with a signature - has it correctly set as 17 pages :D

I have received a reply - a really idiotic one but need to caution publication before doing so. Will update.

Either MWEB has some wonderboys working for them or they didn't apply their mind to the complaint to reply with anything other than an acknowledgement of receipt
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Where did you send it to?
 
[email protected] as per their complaints procedure

I have replied as follows:
Firstly I am advising you that the contents of your reply will be published online to MyBroadband unless an indication to the contrary is received within the 3 day acknowledgement period undertaken by MWEB.

Secondly kindly confirm if your response represents MWEBs "resolution" of the complaint such that the matter may be taken to ISPA. I find it curious that in less than half an hour you were able to read the entirety of a 17 page complaint and investigate it and apply your mind accordingly.
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And have given Jan a heads up - I think there might be some interesting commentary from the responder on how he read, digested and applied his mind to a 17 page complaint.
 
Especially your 17 page document.. hell my head started to hurt after 2 pages :p
 
ToxicBunny said:
Especially your 17 page document.. hell my head started to hurt after 2 pages :p
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The read wasn't that bad. Pretty interesting though.

Paul Hjul, you have a grammar error... or well, spelling error or whatever. At R100'000.00, you have a "/" before the "A donation" :p Otherwise it's pretty well done :p
 
Nicely done! About time somebody do a proper complaint.
 
froot said:
The read wasn't that bad. Pretty interesting though.

Paul Hjul, you have a grammar error... or well, spelling error or whatever. At R100'000.00, you have a "/" before the "A donation" :p Otherwise it's pretty well done :p
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I expect that some grammar nazis will find a few more. That particular error warrants some explanation because I am surprised only 1 crept through. The numbering system on Word conked out sometimes so everytime something was a sub-paragraph I marked with a / to begin the numbering with so I'd know on a final run to tab it and then drop off the /

Thanks for the compliments and support. I have been given another ticket so lets see where they go. Otherwise the foundation for ISPA is set in motion.
 
Great job - I would guess that the Mweb-genius reply is pretty much the same I got when I submitted my complaint and cancellation on the 10/08.
 
Great work , Paul!!

Please clarify: Page 15

b. Providing that all customers who are terminating their product as a result of MWEB changing the terms of use do so without indebtedness for the month of September. I have taken specific notice of the fact that an ISPA adjudicator has the necessary powers to impose a fine o
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... of ?
 
damn a classic Paul error I was sure the sentence was properly ended:
impose a fine or order a refund.
 
Okay some feedback:
I received a reply from MWEB within half-an-hour. I don't believe it is surprising that the response bears no evidence to having been read:
Good afternoon Mr Hjul

The reason we are enforcing our AUP from September is:
A small percentage of our users consume excessive amounts of data which has a negative impact on MWEBs network performance.
MWEB aims to ensure that all customers receive a fair and favourable experience on our network.
Previous discretionary methods such as sending warnings to abusive customers have not proved to be effective in managing this behavior and enforcing our AUP will automate this.

The Acceptable Use policy is not changing, but we will be implementing new measures to enforce the policy from the 01 September 2013.

This will be done by actively managing the bandwidth consumption of a small group of users who are abusing our premium ADSL products.

Our Terms and Conditions have always stated that we may employ methods of managing our network. We are covered under the existing terms and conditions and we are simply enforcing our existing AUP.

Kind regards

Rezah Jassiem

MWEB Operations

Phone: 087 700 0777

[email protected]

http://www.mweb.co.za

Disclaimer: This email is considered a business record and is therefore property of MWEB. This email, and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication represents the originator's personal views and opinions, which do not necessarily reflect those of MWEB. If you are not the original recipient or the person responsible for delivering the email to the intended recipient, be advised that you have this email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you received this email in error, please immediately notify [email protected]
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Now I ignored some of the clear comedy and silliness in the reply - for example MWEB cannot claim with any seriousness that they haven't been enforcing the AUP all this time (well actually they can claim they haven't been enforcing their AUP at all which would explain why they are having network problems). Common courtesy and the last paragraph (which if House's pronouncements of the law are correct would be entirely redundant but that is another matter of stupidity to discuss) meant that I held out on publishing the information until affording them ample warning (3 days drawn from their acknowledgement undertakings) or a confirmation.

I however replied as follows:
Mr Jassiem

Firstly I am advising you that the contents of your reply will be published online to MyBroadband unless an indication to the contrary is received within the 3 day acknowledgement period undertaken by MWEB.

Secondly kindly confirm if your response represents MWEBs "resolution" of the complaint such that the matter may be taken to ISPA. I find it curious that in less than half an hour you were able to read the entirety of a 17 page complaint and investigate it and apply your mind accordingly.

Kind Regards
Paul Hjul
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Before replying they at least waited until this morning - so either somebody worked with it last night or it arrived on the desk of the General Manager: Operations first thing this morning and was discharged by 09:27. - Curiously neither of the executives quoted in the complaint have replied nor has the GM: Regulatory Affairs or the Head of Legal replied but rather the GM for Operations at the ISP - the indication being that it is being treated as a network operations issue rather than a regulatory one. Anyway I suspect that my reply will ruffle the feathers a little bit more
Hi there Mr Hjul

Yes , you are welcome to publish our response to your complaint and subsequent correspondence below on My Broadband. The feedback below are in line with the feedback we have already supplied you
personally on our Facebook page as well as various comments on My Broadband that MWEB Guy responded too. I also refer to the general feedback by MWEB ISP CEO , Derek Hershaw, in the following articles

· 12 August – MWEB ADSL abuse notices : the real story – By Rudolph Muller

· 14 August – MWEB – DSTv uncapped ADSL conspiracy dismissed – By Jan Vermeulen


Other than the information already shared in the customer specific emails , social media comments and various written media articles there is nothing more to add in this regard. We take notice of your confirmation that the matter will subsequently be handed over to ISPA.

Kind Regards

Ettiene Cloete
GM : MWEB Operations
[email protected]
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My reply to the good people at MWEB said:
Noted thank you.

Please then take note that as set out in the Complaint the matter will be referred to ISPA as well as the ASA and the DMMA. The veracity of the article appearing in the News24 article referred therein will also now be queried with the editor of that publication to establish that same publication stands by the veracity of their article of the 29th of January 2013. I find it very amusing - and I am sure so shall anybody who has read the various articles and discussion threads (and twitter feeds which although I haven't seen must no doubt exist)

However and simply such that the correspondence record is clear (you know how messy these things can get - and it being clear that you are not actually addressing the complaint but rather attempting to stonewall) a great deal of the problem lies in the fact that Mr Hershaw's representations to the media in recent days - as well as the "company line" you are attempting to toe - contradicts what he presented to the media less than 9 months ago: on the introduction of the distinction between the throttled and unthrottled accounts (to use the wording of the News24 article)

Therein is actually the problem - although not one upon which formal complaint procedures can be used - Mr Hershaw, and MWEB, is acting with the same degree of honesty as NetDynamix was with respect to their usage counters. (The article: http://mybroadband.co.za/news/internet/53633-netdynamix-hits-back-in-online-radio-debacle.html is rather similar to the two articles selected for your email).
To make matters simple I will accept process by way of electronic mail at this address, however I very much doubt that MWEB or Mr Hershaw would wish to explore any legal options which would entangle the matter under the scrutiny of our courts. However I'd prefer to avoid the annoyance of an empty threat and as a good boyscout (in Tom Lehrer's usage of the word) I believe that it is best to be prepared.

Yours Sincerely
Paul Hjul
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The Tom Lehrer reference:
http://www.youtube.com/watch?v=fSwjuz_-yao

Of course now the problem is that if MWEB has a founded belief that it can flaunt the ISPA Code - which can also be invoked concerning their handling of the complaint - then the cynical remarks I've come across about ISPA are unfortunately correct. However, and this is a big thing, if ISPA is not prepared to be a proper industry self-regulatory body then it should be no surprise that Telkom refuses to join and then it really necessary to take the matter to task with ICASA. It would be a sad day if ISPA regards MWEB's interests as more important than the industry's.
 
Fudzy said:
Who funds the ISPA?
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their collective membership
the question though is whether MWEBs conduct - and ISPA failing to act - prejudices the industry. I would argue that any situation where ISPA cannot be relied on to act in good faith severely prejudices any capacity to meaningfully negotiate with Telkom. I have argued before that criticisms directed at the ISPs - - failing to build their own network for example - - are not ungrounded.

But yes the next step is to commence the complaint with ISPA. Another step is for MWEB to discard other complaints as well.
I am going to take a few days break and am putting out a general request that people do make their complaints (the template is on its way) and I could do with some copies of volunteered user information.
 
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