Faulty cellphone - the cherry on the cake!

[TVisser]

I want to merely state the facts (and not publicly slander anyone yet, therefore I don't name provider names in this mail).

I appologise for the long story below, but I am trying to give as broad a picture as possible, to explain my frustration!


I, towards the end of last year, convinced my wife to port from cellphone provider A to B because I have been with B for years and have had minimal problems with their service.

This is where it all started to go wrong.

It took provider B a month to process the porting, and although they tried to blame A, this was refuted with dates and times at which the porting had passed from A to B.

Then the handset arrives, and it is the wrong model. Again it is sent back and we wait for the correct model to arrive.

Because this is all happening in the festive season, one is a little more patient than usual, and eventually the handset arrives.

Pity, it does so on the same day as we are going away for a few days, so we lock it in the safe (as it isn't charged) and go on leave.

We return and my wife starts using the phone. Even though she adhered to the charging times as explained upon collection, and the phone is on standby most of the time, it does not last till lunchtime of the same day, then turns off - battery FLAT!

We approach the provider B, who's first response is OH NO - the 7 day out of box failure warranty is over, and the phone cannot be swopped. Their technician assures us that it is caused by a software bug and promptly does a firmware upgrade, asking us to test it afterwards.

Now the phone only makes to 10 AM of the same day, then turns off (no calls made)!

Back the phone goes, and we get told that it is to be sent to their repair centre (in Gauteng) and that it can take up to 30 days! I say I am not impressed as this is a new device, but get the 7 day warranty BS explained again!

Phone goes, we wait 3 weeks, phone comes back - big surprise! Still the same!

I take it back to provider B, who said that it has to go back again FOR EVALUATION! I explain (trying hard to stay calm) that this is unexceptable service, and that I want another handset. The clerk said that he cannot say anything about this and that I can only hear from him at Wednesday of the next week as it will only reach the repair centre on the Tuesday.

My question is this: In terms of the CPA (irrespective of the provider's so-called 7 day rule) [which I believe clashes with my rights in terms of the CPA], was the provider not supposed to offer repair, replacement or refund - at my choice, not theirs? Or can they hold me to ransom, mere days after the contract started, and send this device up and down country, until my patience finally gives in and I approach legal council?

Please advise on my rights, and course of action.

[TVisser]

I am happy to report that the matter has been resolved. The provider saw the light, after I made it clear, in emails to them, that they are operating in a matter that clashes with the CPA and that I was going to escalate the matter to the CPA commission, if they did not rectify it.

Needless to say, they responded by replacing the handset, no questions asked.

[rfnel]

I am happy to report that the matter has been resolved. The provider saw the light, after I made it clear, in emails to them, that they are operating in a matter that clashes with the CPA and that I was going to escalate the matter to the CPA commission, if they did not rectify it.

Needless to say, they responded by replacing the handset, no questions asked.

I'm glad you got it sorted out. In situations like this, I usually resort to Hello Peter - it works wonders.

[adrianh]

@rfnel - And how, I had a fairly similar situation with Vodacom. Not only did they collect the defective handset from my office, they also cancelled the entire upgrade.

As the saying goes: "The one who shouts the loudest is the one whos in control"