09/08/2008 16:33 - (SA)
Make sure you understand and agree with details before signing a contract
Nhlanhla Ncaca
AN Eastern Cape man cannot escape a cellphone contract he inadvertently accepted over the phone, thinking he was providing his details for a competition he had won.
Unathi Ludziya of Mdantsane will not be able to cancel the 24-month long contract he took out in January this year without paying further costs.
Although he regrets accepting the terms and conditions of a telesales offer, he is prepared to lose more money to cancel the contract.
“The company has betrayed me and I feel that I have been robbed of my money,” says Ludziya.
“It is clear that the agent used a dodgy marketing strategy to sell the product.
“It is just a pity his employers seem to trust him but I know that his actions will catch up with him sooner or later.”
Ludziya contacted Hotline and complained about how he was hoodwinked into accepting a contract with Altech Autopage Cellular.
After discovering that he had been taken for a ride he complained to the mobile service provider but instead of making amends, Auto-page forced the contract on him, he says.
In January this year Ludziya received a call from an agent who claimed to be representing Vodacom. The agent told Ludziya that he had won a cellphone, including 120 free off-peak units.
An ecstatic Ludziya, convinced that he had struck it lucky, shared his confidential details with the agent, including bank details.
The agent explained that Ludziya would have to buy extra units once the allocated units were exhausted.
“He sounded so convincing and I accepted the offer. How I wish I could turn back the clock,” says Ludziya.
A few days later a Samsung E250 was delivered to his doorstep but Ludziya did not use the handset.
In March he noticed that Sell Direct had deducted R200 from his bank account. He contacted Sell Direct and a consultant explained that computer records reflected that he had entered into a contract with Sell Direct, an Autopage agent.
A struggle ensued between Autopage and Ludziya over the terms and conditions of the handset. Ludziya was advised to submit a letter of complaint and Autopage promised to investigate the claims.
Ludziya contacted the company and a consultant explained that the service provider was still awaiting transcripts from a recorded telephone conversation between Ludziya and the telesales consultant. He has since been waiting for feedback and meanwhile, Sell Direct continues to debit his bank account.
He decided to contact Hotline and Hotline referred the complaint to Autopage.
Emmanuel Douglas, from the office of the company’s managing director, said the sales consultant who called Ludziya had explained that there was a promotion running.
The promotion offered a Samsung E250 on a Vodacom Weekend tariff plan in terms of which he would receive 120 off-peak minutes for R125 a month.
Douglas said he had listened to the recorded conversation between Ludziya and the consultant and all the phone’s features and specifications were properly explained to the customer. The sales consultant ended the call by advising the customer that he would be reading the declaration of sale to him, said Douglas.
He added that Ludziya was further advised to read the agreement before removing the seal on the box.
“That is considered as an acknowledgement of acceptance that he has read and understood the agreement. He will not be able to cancel the contract he accepted on January 19,” said Douglas.
Douglas did not make the recorded conversation available and Ludziya says he will consider paying the cancellation costs no matter what.
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