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court case pending

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court case pending

As a result of being offline for SEVEN weeks and the off hand treatment from this company, I am instigating court proceedings in the hope of setting a precedent for others to follow. My colleague in the legal profession is advising and I believe I stand a realy good chance of success. I am suprised how little it costs for a small claim to be entered and I understand the nuisance value and cost to PN will great. Why not follow my lead if you are unhappy with your treatment. For results of the case and more info fincanatura@hotmail.com
22 REPLIES
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court case pending

The nuisance value and cost to PN might be great, if they choose to bother to fight it, but it depends on what was the cause of there not being a reliable connection. Also, what it costs PN goes against putting money into service improvements, so not necessarily something all users would support you on, though understanding of your frustration, to some degree.

As for how low the cost is to make the claim, yes, I know (I had to threaten court action for an unpaid invoice), but what have you actually lost (no connection is mostly just inconvenient). I suspect that being unable to use the internet falls pretty low in terms of 'serious claims' compared with financial loss or a safety risk from faulty goods.

If you are running a business, then a second line is usually possible and if internet access is "vital" then it would be prudent to have that - something which could be argued by any ISP as there are no service level agreements from BT Wholesale for the run-of-the-mill ADSL products, and therefore the ISP cannot give a "better" guarantee than they are given, ie none!
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court case pending

My point is that during the last seven weeks I had little or no support, an off hand attitude that I would not tolerate from any person in my employ, and a flagrant disregard as to trying to solve the problem. If fact having revued the few replies that I did receive there is no explanation at all!
I think that is cause enough to take offence and seek reparation!
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court case pending

You'd better hope you will win and I wonder if you legal friend will cough up PN's expenses if you don't?

Going to court is a very serious matter even for a small claim. Most company's settle due to expenses but if you are so sure then go ahead but your 'friend' has hopefully filled you in on how PN would claim their expenses back?

Spewing the details here before going to court will not necessarily work in your favour either.

"Free legal advice is not worth having..."
Community Veteran
Posts: 1,229
Thanks: 1
Registered: 12-04-2007

court case pending

Apart from the issue relating to the lack of connection(sorry to hear you have suffered that for so long), you seem to be saying that your other tack in your claim against PN is that they exhibited an "off hand attitude".

Can you sue for off handedness?
If you can then I have a neighbour who is in for it big time! :lol:
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court case pending

in answer to your query PN can not recover costs in the small claims court so the risk is minimal, and the other comment regarding attitude merely indicates to attitude within the sale of goods act and there fitness for purpose.
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court case pending

would it not work out cheaper and less hassle to just cancel your account and move to a different ISP?
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court case pending

The most you are likely to get to be honest is the fee's back that you paid while you were off-line assuming the blame can be placed at plus.nets door.

As soon as compensation is brought into it, you would more than likely be asked to quantify your losses so they could be returned to yourself. I'm guessing apart from inconvience (which for 2 months would be no more than 100 - 200 pounds), there weren't any actual losses.
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court case pending

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PN can not recover costs in the small claims court so the risk is minimal


No costs at all? I'm sure the judge can award reasonable costs and if he thinks there's been timewasting he can act too.

Of course I'm just a keyboard lawyer and the OP is getting free legal advice from soneone in the 'legal profession'.

No offence, but when someone says 'someone in the legal profession' I always think they clean their office Cheesy


On a serious note, I've taken companies and individuals to court via Small Claims and always won (either in court or they settled (which isn't the same as "won"). I think people should just be fully aware of their actions. And yes Small Claims are set up to be simple.
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court case pending

keeping the claim small and valid is the key. The claim is for return of payments made whilst offline, The costs of calls for waiting extortionate amounts of time on the phone,(copy of phone bill submited) and also from the same bill the cost of dial up connections to recover e-mail and support queries etc.
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court case pending

Bumzig : I have cancelled twice so far and I am still waiting
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court case pending

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Bumzig : I have cancelled twice so far and I am still waiting


Have you tried contacting the comms team to get it pushed.

comms@commsteam.plus.com

Have a chat at them to see what the hell Plusnet are doing.
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court case pending

Its easier to talk to the queen than get any reply from that lot
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dslweb

Your comments are noted. However my colleague (who has been a solicitor scince 1985) suggests you might like to obtain a small claims leaflet to update yourself on claims and costs
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court case pending

can I ask kindly that this thread be kept on topic. I am asking this in advance as I dont wish for people to argue on who has better legal insight.

Cheers guys Smiley