Randolph I collected a letter from the post office today. The registered letter slip said it was delivered on 2 November 2006. This was deposited under my door by the post office this week only.
The letter is from Sentech. It is dated "Tuesday, October 24, 2006". It is not signed. It does not have a return address (although there is one on the envelope).This letter is quoted verbatim:
Re: Written Notice For The Discontinuation Of MyWireless Classic: Account (xxxxxx [withheld from blog])
Dear Sir/Madam
1) Due to its commercial non-viability, Sentech has discontinued providing the MyWireless Classic range.
2) We refer to the recent telephone conversation with you in terms whereof, you agreed to migrate from the MyWireless Classic to the Flexi range.
3) Pursuant to the telephone conversation, and notwithstanding your consent to migrate, we have not received the signed consent / application form from you.
4) Should we not hear from you by 30 November 2006, this letter constitutes 1 (one) month's written notice that your contract will be terminated in terms of clause 4, read with clause 11.5 of the contract.
5) In the event that you migrate to the Flexi range, a new contract will be entered into with you. In this regard, kindly contact 011-993-5051 to prepare the new contract.
Yours faithfully
SENTECH LIMITED
So, here we are again. I fought with SABC and won. Sentech shouldn't be too much of a problem, surely?
So let's rip this letter apart analyse the letter:
1) This is a given. It has been announced, I was indeed telephoned on 4 September 2006 and notified, so there's no problem here. I accept that I must migrate to a new package.
2) As above. I acknowledged that I had a choice between 1, 3, 5 and 10GB per month capped bandwidth, so I chose the one that costs the same as the existing 256Kbps Classic account, i.e. R699 per month.
3) I was not notified during the 4 September 2006 phonecall that I was obliged to submit a signed document, whether consent form, migration form, application form, or any damn form. They told me the call was being recorded, and I accepted that this was sufficient.
4) I have already notified them by email, and telephonically, several times that I accept the migration to a 3GB package, at R699. I do not dispute this fact.
5) This should also not be a problem, provided of course that the company actually acknowledges my written (email) consent.
—
Now let's talk about the phonecalls. I've spoken to them, including 4 September 2006, four times. Each time, they have called me. However, they only called me on 3 November 2006 after I emailed a complaint that they had debited my account for the wrong amount yet again (R849).
Let's rewind a bit. According to the terms of their two-year contract, you can take the option for a modem, which is R150 extra. This contract expired at the end of February 2006, whereupon I expected to automatically migrate to the monthly R699 contract.
Nope – they've billed me R849 per month since day one, and some months even more (R878 and R869 are two examples). In other words, since March 2006, I have been overcharged by R150 per month.
So, on 3 November, I wrote to them to complain. They called me later in the day to say that:
1) Sentech's policy is that the consumer has to notify them IN WRITING that the contract has expired, and that the billing must be reduced.
2) Sentech refuses to accept any form other than a signed fax from me regarding the over billing, and it is not their policy to offer credit on an account, or any form of refund.
3) Sentech will terminate my contract if I do not submit "the migration form" to them, by fax, by 30 November 2006. They will not accept an email (which I offered to PGP-sign), nor will they accept a recorded telephonic conversation wherein I agree to the terms.
Here's what I have to say about it:
1) I have YET to receive the migration form. This letter, dated 24 October and only delivered more than a week later, is an unreasonable threat to me, and offends my sensibilities. Plus, it's illegal what they're doing.
2) I am going to sue Sentech in the Small Claims Court for the overbilling that has been going on since March 2006, and I am going to get them to accept my emails and voice recordings as contractually binding, because that's what ANY reasonable person would do. If it comes down to law, it's all about reason anyway.
Who wants to help me?