Big mistake in signing contract - no way out

[Greig Whitton]

Thank you for weighing in, Anthony. Would you mind clarifying this bit?

If the contract was concluded in a personal name then the CPA is in effect (even if a business, if revenue is below the thresh hold and you trade as sole prop or partnership, its as if a person). Therefore you can cancel and only a reasonable cancellation fee can be charged.

My understanding is that the CPA's revenue threshold (when determining whether a juristic person is a consumer or not) won't apply here as far as cancellation of the contract is concerned. If OP is trading as a sole prop or partnership, then the business is a natural person - therefore the CPA applies regardless of turnover. If OP is trading as a CC or company, then the CPA doesn't apply regardless of turnover since Section 14 of the CPA (governing the cancellation of fixed term agreements) does not apply to juristic persons regardless of their turnover or asset value.

[Justloadit]

A lesson to others.
Never sign a contract/agreement, with out working out all the true cost when you wish to cancel.
Can you afford the repayments if the deal goes pear shaped?
Never sign an agreement/contract unless you understand the meaning of the terms and conditions.
READ THE FINE PRINT.
If you feel uncomfortable THEN DO NOT SIGN THE DAMN AGREEMENT! After all your gut is telling you not to!
If you are being pressurized to sign, take this as a sign that you will be screwed if you do!!!!!! SO DON"T SIGN THEN with out legal council.
R1,000 at you lawyer, is a cheap ticket with respect to what you are about to sign.

I have seen recently a number of friends taking strain precisely because they did not follow the above simple rules.

[sterne.law@gmail.com]

Yes, if you are a personal trading entity the CPA protects you.
When a juristic person the CPA excludes you (although you are bound when supplying a person or excluded touristic entity). The exclusions may not be relevant if you exceed thresholds.
Although certain sections may still be in play.

N8te to self: Beware of shorthand typing for complexities.

[Gemais]

What I am trying to get from them is my contract that I signed in their office, and yes, to get amount adjusted to pay on the new agreed amount. We have accepted the fact that for now we are liable for the monthly payments. I knew when I reversed the debit order that I would have to re-pay, but this was the only way I could get a response from them as all went silent on their side.
System already has a faulty handset which has been reported and no-one has responded or called to say when a technician would be available. The other complainant that I found on hellopeter is in a much worse situation. I am going to start following up on everyone who has had a problem and get facts together.
The contract is in my business name. They live in one of the most expensive estates here and drive around in a very expensive convertible visiting the local pubs without a care how they are hurting people. I keep my nose so clean regarding business, fair an honest a lot of times at a loss when it has not been our problem, and still battle every month and these con artists are living it up at other peoples expense. Thanks for all your invaluable advise. I am going to use a lot of it now when I mail them to ask once again for a copy of the contract.

[KCS]

Send them a registered letter stating that you do not recall signing any contract, and unless they can prove it by presenting you with an original contract signed by you, within 48 hours, it does not exist as far as you are concerned, and no further payments will be made.

This is not legal advice, just my crude way of forcing their hand. As far as I am concerned they are legally obliged to give you a copy of the contract if requested to do so, so they are already in breech.

Cheers

KC

[Gemais]

I do realise that this is going to be an ongoing battle, but we are prepared for it and accepted the fact that we are trusting fools and decided not to beat ourselves up anymore and just keep on at this. We are going to send our complaint to Megan Power and the Consumer Protection Act. I will not just let it go.
I have scanned and attached their flyer. At the moment we are 1. Locked into a 60 month Contract. 2. 48hr Lead time turned into 2-3 weeks as not all was delivered on the same day. 3. Affordable Pricing ? 4. Free Device - I am paying for it? 5. No set-up Cost - I paid an installation fee. 6. This does not allow Internet.
I must mention that a Samsung Laser Printer was included in the deal, which was not necessary, but my Son is very trusting as thought he was getting a good deal.
When we were all operating from my house there were 4 of us using the phones and internet, phones and internet used all day. On our busiest month the total bill from Telkom was never more than R 1500.00 including VAT. With this system, he has no internet, pays for calls, and pays R 1958.00 ex Vat for the system.
At the moment one handset has not worked since the start. I still cannot get the contract I signed so I see what I am liable for in regards with servicing of the Printer, what is the agreement in terms of faulty handsets and everything else I need to know. I still have yet to have the 2 handsets I returned taken off the contract. We were also not told until everything was installed that we are responsible to insure the system. One quote was R 400.00 and another R 800.00 per month. At the moment it is uninsured.
To date we have heard nothing more, only to be told a technician will be sent out to see to the faulty handset.
Happy Day - it's Friday

[Gemais]

Cannot believe it, as I pressed post quick reply, the technician arrived. Handset working.

[HR Solutions]

I picked up a second hand switchboard for 4 incoming lines and 8 extensions in Cape Town for R3000. once off fee.

[flaker]

Gemais, what one has to also realise is that what was on the flyer is not necessarily what you signed a contract for. Look at it this way. Makro advertises a 30" TV with a free 3 years TV licence, with same day delivery for R999. Now when u go into Makro you are talked by a salesman into purchasing a 40" TV for R2,999. So you should not be expecting a free TV licence or a same day delivery. these are 2 separate deals.

You simply did not order what was advertised on the flyer. Am not sure if i'm making sense?

[Greig Whitton]

You simply did not order what was advertised on the flyer.

Yep, that's how I see it as well. Hopefully OP can confirm. Either way, the supplier has to provide a copy of the signed agreement.