Telkom in breach of contract???

K

keppy

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Nov 10, 2004
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Location
South Africa.
Hi All,

Just wondering what the general feeling of the community is on this one. I currently have HomeDSL 384 installed at home. I'm moving to a new address. Telkom claim that there's no infrastructure to support my installation. I cannot beleive that they don't have infrastructure in that area. Maybe they've run short on ports or whatever.

My view of the contract I signed is that I'm bound to fullfill my obligations to the contract for 2 years. Pay every month on time, not cancel, etc. My feeling is that a contract works both ways, and that they should be obliged to have infrastructure available. Especially in an area where to my knowledge ADSL is available!

Could Telkom be viewed in breach of contract by not having infrastructure available? Are their ground to take this up legally?

Anyone on the forum live in Dunvegan, bordering Bedfordview? The place I'm moving is just off Boeing Rd, East. Curious to know if anyone on the forum can confirm ADSL services in that Area.

Thanks,
Keppy
 
You are free'd of your contractual obligations, as theirs is a best effort service, and their best effort was not good enough. Teklom did not actually go and not-install at the destination, so they are not being negligent or anything like that, so sueing is not going to get you anything.
 
what road are you in?

My brother in law lives round that area and has ADSL installed
 
You may not be relieved of your obligation. As your ADSL service is tied to your phone number. If you move and cancel the phone number you have in effect cancelled the service. Telkom will defend this by saying it was your decision to move and not theirs..

Not saying I approve of it, but just providing feedback on how it would/could be handled even overseas.. If you are able to transfer your phone number to the new location you may have a valid point, but they may also state that is also tied to a specific address.
 
Hey,

Just to elaborate. They have not said they won't provide the service, but it's going to take at least 2 months they claim. This in my opinion is unacceptable considering that ADSL is known to be in the area.

Keppy
 
I don't beleive my number can be transferred to the area I'm moving, even though it's probably one 1 exchange away from where I currently am.
 
I have a similar contract with ADT armed response. If we happen to move house sometime in the next 3 years, I will still have to pay for the ADT bill every monthl.

Was calculated risk when I signed the contract.
 
Hi All,

Here an update. After phoning countless times - here's the deal.
I eventuall dug up some old numbers I had from my first installation. I spoke to a woman named Marie in Durban.

What she told me is like this. They don't have the infrastructure available for ADSL where I'm moving to. There is a project on BUT the project only has an ETA of well into the next financial new year! I asked her what I can do about my contract. She says that because they cannot offer the service and my reason for terminating the contract is that they cannot honour the contract they would cancel the contract and that I would not have to pay penalties! This is great news. So Monday morning I'm off to my local Telkom office to have my service cancelled. If I were cancelling just because and not because of any issues from their side, then I would have been liable for penalties.

So what have I learned? Don't buy into contracts!!!! Buy the modem and subscribe to the service on a month by month basis!
Anybody got comments on good alternatives. I'm thinking iburst at the moment.

Rgds,
keppy
 
Seems I'll be keeping the modem.
My Wife got them to cancel as of the end of the month (that's when I'm moving). They told her we'd be keeping the modem!
Not that it will be much use to me, but just feels right! :)
 
Telkom - I hope you're reading (note to self - yeah right!)

New story. Telkom are still billing me, even after having faxed them written cancellation advice, and giving the reasons that they expained to me I should put down. They now claim that they can put the lines in, and should be allowed to do so. Further than that - they claim they never received written advice of the cancellation which is BULL because my Wife faxed them from a Telkom office in Edenvale!

They now say that I'm liable for the entire contract, even though I've had no service for well over a month!

Talking to them doesn't help. Amazingly all comments on their system regarding me request to first have the line moved, and then cancelled indicate that they never advised me in such a manner as to cancel my contract, and further more that I deceived them by implying we were talking about a new contract, and not my existing one. I mean really - come on guys! How is that Telkom are always right?!??!!?!

Big corporation - think they can indimidate consumers!
I won't take this BULL!

Let you guys know how I progress.
 
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