Roneblack46 Posted October 7, 2013 Posted October 7, 2013 The scenario: I took out a cell phone subscription for my 12 year old daughter from Nashua Mobile. Nothing special: 100 anytime minutes and soft locked if it goes R50 over. So month 1 and 2 go by and she gets soft locked as instructed when exceeding her limit. So early September Nashua Mobile sends her the following SMS: (note she received this, not me) Dear valued Customer, due to your account being in such good standing, your Call Limit was adjusted to R769. Should you not wish to increase it, please reply "No" to this SMS. Standard SMS rates apply- Thank you for your continued support. From Nashua Mobile. Obviously my daughter does not even read it or respond, as there are daily advertising SMS,s sent from cell phone companies etc. Never mind all the 419.SH%T. So I get my Nashua Mobile account today and my daughters number has an account of over R1000.00. WTF.... So I go through her phone and come across the above SMS. Since when can a NON REPLY be accepted as a YES. I see this as a fat chance taken by Nashua Mobile. I will be confronting them tomorrow. So moral of the story please check those sms's and read them especially if your kids have cell phone accounts. I hate to think how many more people have been conned by this.
mrbaker Posted October 7, 2013 Posted October 7, 2013 Take them on and don't back down!These mobile phone companies are the scum of the earth!!! 428 others, varkie, Andyr249 and 5 others 8
P.A.K. Posted October 7, 2013 Posted October 7, 2013 Nashua is a bunch of scumbags. Never heard anything good about them. You'll probably be sent from my person to person who and told they'll get back to you. Whatever you do, don't pay the bill YUMEYA and varkie 2
awesme Posted October 7, 2013 Posted October 7, 2013 Hi there They can not... You have to OPT in, they use to send out credit cards like this, and if you did not let them know of anything they assumed you accepted. The law was changed a while back where no reply means opt out. I'd take them to the consumer protector, you'll win. G Azi, The_black_stig and shaper 3
Mr Giant Posted October 7, 2013 Posted October 7, 2013 The Mrs had her new device lifted from her handbag whilst watching a movie at Nu-metro Bedfordview. I called Nashua probably 20 minutes after noticing this and requested have the line locked and sim blocked and and and and and..... The next day I get a R5500 bill! Talk about incompetence! So, you give them hell! BMXER 1
Roneblack46 Posted October 7, 2013 Author Posted October 7, 2013 What gets me is that the package is only R199 per month phone included. Where do they come up with the figure R769.00????? Such a random amount. Mr Winter 1
Delgado Posted October 7, 2013 Posted October 7, 2013 .....as far as I'm aware negative consent is not permitted under the CPA!
Cav' Posted October 7, 2013 Posted October 7, 2013 Go to Nashua and yell at everyone, should get their attention. Denny Menchov 1
awesme Posted October 7, 2013 Posted October 7, 2013 As I said, you have to OPT in. no response can not be taken as agreeing, new consumer law. G .....as far as I'm aware negative consent is not permitted under the CPA!
Redlight Posted October 7, 2013 Posted October 7, 2013 Just get the debit order reversed.... Do it all the time... Till they send you a lawyers letter.
chris_w_65 Posted October 7, 2013 Posted October 7, 2013 2 of the cell companies require a double opt in but some require a single opt in. They sent my fiance an SMS yesterday saying she is subscribed to some crap for R49.95 a week and she can opt out. When you try opt out they will use your communication as proof that you opted in. Icasa has over R1 million in fines they have issued but all are outstanding. Google for more info.
-cK- Posted October 7, 2013 Posted October 7, 2013 To my knowledge you must OPT IN for such offers to be valid. Also nice touch by them to charge you if you don't want to take the package Big no no!
PhilipV Posted October 7, 2013 Posted October 7, 2013 Nashua are the Satan of the sa cellphone industry. They loaded items on my brother's bill that was never part of the agreement. including an upgrade from a BlackBerry after month 2. He never had a BlackBerry, they just mistakenly put him on a bb contract instead of the iPhone they gave him. They can't reverse a contract, so they fabricated the upgrade. eventually found a person at the the call centre who uad the savvy and the authority to sort it all out. they suck. period
SyncSA Posted October 7, 2013 Posted October 7, 2013 Not just according to the consumer act, but according to the National credit act. Go to the regulator
awesme Posted October 8, 2013 Posted October 8, 2013 Nashua made a mistake, they did not realise they're not taking one an individual, they're taking on a TheHUBSA Member, and all his cousins... hehehe G Pants Boy, Roneblack46, Dazshell and 5 others 8
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