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Anyone initiated legal action against PlusNet?

N/A

Anyone initiated legal action against PlusNet?

G'day, Bruces, Sheilas and In-Betweens.

Just curious, and without detriment to the cases of those of who have actually started legal proceedings, is there anyone who has taken legal steps over the issues aired over the last few months and if possible could they let us know how things stand at the moment?
Just a simple, 'Yes, No or MYOB, nosy', will do.

I realise there may be some we will not hear about in this Forum from those who have changed ISP's and have started proceedings since leaving.
19 REPLIES
LiamM
Grafter
Posts: 5,636
Registered: 12-08-2007

Anyone initiated legal action against PlusNet?

I would be very surprised if anyone actually does initiate legal proceedings, and even more surprised if any are actually successful.
N/A

Anyone initiated legal action against PlusNet?

Not against PlusNet but I pursued a Small Claims Court claim against a former ISP for their failure to agree compensation with me over a sub-contractor's (Energis) engineering fault which affected my line. The ISP settled my claim in full out of court so there may not be much to be learned from it. However, the issue of financial loss to a customer caused by an PlusNet's sub-contractor (BT) has been raised in this forum recently. If it happened to me again, I would certainly seek damages through the Small Claims Court if all else failed. Why should the little fella pick up the tab?

Simon
krodgers
Grafter
Posts: 85
Registered: 11-09-2007

Anyone initiated legal action against PlusNet?

What would one claim FOR?

i.e. where is the financial loss?
What would one be seeking in recompense?

I'm intrigued

Ken Rodgers
N/A

Anyone initiated legal action against PlusNet?

No, but is it illegal to say you have an unlimited account, and then say a couple of months into your yearly payment that you do have a limit because of the fair policy?

Tim
LiamM
Grafter
Posts: 5,636
Registered: 12-08-2007

Anyone initiated legal action against PlusNet?

This is going to start another huge debate I can see lol, but you were not sold an unlimited account in the first place. The clause about the Fair Usage Policy has been in the Terms and Conditions for as long as I can remember, and definately when you agreed to it.

Therefore you have absolutely no legal standing whatsoever. Further more, you're not limited to a certain amount, if you go into the Level 3 FUP then you'll still have access, it will just be slow. Again, within the specification of the 50:1 contention as per the Terms and Conditions, so again, nothing legally you can do about it.
N/A

Anyone initiated legal action against PlusNet?

I've been with Plusnet for over 2 years with a 2MB connections and as far as I can remember it was sold as unlimited and I have never seen this FUP in any of Plusnets conditions when I signed up all those months ago.

I dont say alot as Im happy with my ISP and the FUP does not effect me in anyway but Plusnet has moved the goal posts towards there side of the field.



Quote
"but you were not sold an unlimited account in the first place. The clause about the Fair Usage Policy has been in the Terms and Conditions for as long as I can remember
LiamM
Grafter
Posts: 5,636
Registered: 12-08-2007

Anyone initiated legal action against PlusNet?

Not really, perhaps moved the goalposts to their side of the field, but only to benefit the users that do not fall victim to the FUP.

Being able to manage their network more efficiently and having closer control of it means better performance for the majority and better reliability and capacity of the network.

If you're not affected by the FUP, you should be laughing really.
N/A

Anyone initiated legal action against PlusNet?

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Therefore you have absolutely no legal standing whatsoever.


That should get you a couple of votes in the Moderator elections ;-)

Do you have any legal training which qualifies you to make such an unequivocal statement?

Simon
LiamM
Grafter
Posts: 5,636
Registered: 12-08-2007

Anyone initiated legal action against PlusNet?

Quote
Quote
Therefore you have absolutely no legal standing whatsoever.


That should get you a couple of votes in the Moderator elections ;-)


I'm not going to lie and/or say what I think is wrong just in an attempt to get votes. I am, at the end of the day, a member of these forums and entitled to my own opinion, and if I was ever to become a Moderator, I am well aware of the unbiased stance I would be required to take. But am I not entitled to my opinions?

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Do you have any legal training which qualifies you to make such an unequivocal statement?


I have no legal qualifications, but as a Company Director I am well aware of how Contracts work etc...already Out of sheer interest, I have raised this with my Company's Solicitor who we work very closely with (family member) and have been informed that if anyone was to take this further, they really wouldn't have a leg to stand on.

You cannot accuse Plusnet of enforcing the FUP unlawfully, when it is stated in their contract they are allowed to do so.

Prove me wrong once you've settled your lawsuit, mate Wink

I do not wish for this to turn into another heated debate on the FUP, and as such, my comments will end here. Feel free to PM me if you have any issues with anything I've said. But, as I have stated above, as a Plusnet Customer I am entitled to have an opinion on these boards. I apologise if I have offended, but this really wasn't the idea.
N/A

Anyone initiated legal action against PlusNet?

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What would one claim FOR?

That's an important question since one has to be able to prove a loss in order to make a claim. In my case, I was able to claim for long-distance dialup phone calls to my ISP because my Energis line was down. And since my dissatisfaction with the service prompted the ISP to terminate my account, I also claimed the expenses associated with a new sign-up as well as design, artwork, advertising and printing costs incurred because my published e-mail address had to be changed. And, of course, I claimed for the costs of making the claim. The ISP paid the claim in full.

Anyone thinking of making a claim against PlusNet must therefore be able to prove a loss - and as far as I'm aware, no-one is (yet) in a position to do that.

However, it's a moot point whether in 3 months' time people will find themselves having to pay more for the same amount of data they were downloading pre-FUP. If any of those people are having to pay more mid-contract, they might be able to substantiate a claim. But people on monthly contracts certainly wouldn't have any basis for a claim.

Simon
Community Veteran
Posts: 5,878
Registered: 04-04-2007

Anyone initiated legal action against PlusNet?

It's not actually an election and I think it's not the right thread for anyone to be discussing the new moderator role (but by all means start a new thread).

Also I think this thread is going off topic from the OP's original intentions. The ins and outs of whether something is legal or not shouldnt be discussed in these forums and should remain in a legal environment.

Chris
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Re: Anyone initiated legal action against PlusNet?

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Just a simple, 'Yes, No or MYOB, nosy', will do.


Whoaaaaa! My intention was not to re-start expired equines with repeated applications of dynamic and kinetically applied rawhide strips!!!!

My multiple personas salute you.
N/A

Anyone initiated legal action against PlusNet?

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am I not entitled to my opinions?

Of course - but the law is a dangerous zone for opinions, especially when they aren't qualified by "imho" or somesuch similar caveat. I thought that your apparent statement of fact - "you have absolutely no legal standing whatsoever" - was a dangerous, and possibly misleading one for a non-lawyer to make.

In the same way that caution needs to be exercised when telling people that they have a cast iron case in law, so should great care be taken before telling someone that a case has "absolutely no legal standing whatsoever".

Simon
LiamM
Grafter
Posts: 5,636
Registered: 12-08-2007

Anyone initiated legal action against PlusNet?

Apologies for misleading.