A slight problem with a security company.

[BusFact]

Rather than pay for the service and have the radio reinstalled "Pay for the reinstallation if you have too" and give them 36 months of pure hell!!!

Also keep a log book of every problem you have with them, and keep track of any and every mistake. Then go to the consumer council and start complaining about all the problems and provide the proof.

I found that if you give a service provider enough hell, they might be open to cancelling the contract without penalty. “Always demand for a cancellation of this nature in writing�

I think thats a really clever tactic - provided the service is not essential.

[daveob]

Rather than pay for the service and have the radio reinstalled "Pay for the reinstallation if you have too" and give them 36 months of pure hell!!!

I don't agree. Yes, it sounds like a good idea, but trust me - the amount of time and effort you'll spend doing this is an absolute waste and the bitterness you'll build up and taste is really not worth it.

I say that if you're reasonably sure that you'll be liable, then offer them R1000 as full and final settlement of the contract and walk away with a "Lifes' Lesson" diploma. For what you've learnt, R1000 was really cheap school fees.

[BusFact]

Dave. I know you are right and your advice is perfect.

I just really enjoyed having the option of making their lives a pain too. I suppose its that "revenge" thing that we always think will give us such satisfaction.

In the real world, your solution is far more practical.

[tec0]

Revenge is practical

Especially if the company is not open to negotiations! Remember, they got you on contract, they know you will probably not get out of it and they had customers like you before... So if they want to allow you to cancel then good, no problems.

But if they don’t want to cancel, my “suggestion� may come into effect. Just remember they entrapped you for not telling you that there is fine print on the back of the page. Would honest people do that?

Just a Thought

[Pap_sak]

Revenge is practical

Especially if the company is not open to negotiations! Remember, they got you on contract, they know you will probably not get out of it and they had customers like you before... So if they want to allow you to cancel then good, no problems.

But if they don’t want to cancel, my “suggestion” may come into effect. Just remember they entrapped you for not telling you that there is fine print on the back of the page. Would honest people do that?

Just a Thought

I am with you Tec, I thought at the most all they could do was take me to the small claims court, something I would have enjoyed.

I now just got lashed with a R13,000 vat bill (which must be paid today!!)...and my oven has broken...and I need 4 new tyres (have you seen the prices!!!)

I'll chat to the company in the next couple of days, see if I have any negotiation skills...

Time for a beer...at least I can still afford something

[sterne.law@gmail.com]

Hmmmm. Firstly I must disagree with teco. It is not neccessarillty that the company will not give in on the basis that they have done it before. We just had a case of a very large and reputable security company who had invoiced for repairs to the alarm system. I wrote a simple letter, the basis of which was that the alarm system belonged to them, and was a requirement for them to perform their part of the contract, the monitoring, and as such repairs to it was their problem. They reversed the charges no problem. Now perhaps, tehy simply thought it was a minor issue and not worth bothering or, they know this and just try and get away with it. Problem is some people dont know what can and cant be done, or the other side is of course the expense to do it.

Part of the problem, as Pap sak pointed out, is the ease with which credit rating is affected by a company listing you as a non payer.

Perhaps a letter, detailing their non performance entailed you to cancel the contract. Maybe offer a 3 month settlement, failing which you will take legal action. Should this fail, why dont YOU take the issue to small claims. Claim for damages for non performance, and make some cash out of it, while at the same time the court will make an order bringing the contract to an end. Cost is minimal, could be fun and you may just make some bucks - then you can buy everyone a round!!!

[sterne.law@gmail.com]

On some of the contract points.
Writing on the back is not entrapment.
Being in Afrikaans, does not help either.
The main issue is the non performance.
Something in your favour is the removal of the transmitter could be intepreted as a tacit acceptance of the cancellation of the contract. Furthermore by doing so, they can no longer perform their part of the contract, (how can they get signals?) Another issue - check if you did pay for the transmitter - that may be your settlement agreement, if it was not too much money, alternatively that would be theft.

[Amado]

for any contract to be valid it has to be signed by both parties. Most of these agreements arent signed by a lawful representative of the corporate entity. if it isnt you have an out. still advisable to see an attorney about a common law remedy and avoid the commercial law aspect.

[Pap_sak]

Just saw this thread that I started ages ago. In the end I just did nothing. A couple of months later the invoices stopped coming, and that's the last I have heard about it. Maybe sticking you head in the sand works occasionally.