We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

I Am Going To Sue ORANGE!

191012141524

Comments

  • DebtHater
    DebtHater Posts: 1,053 Forumite
    After reading this thread, I dont actually see where this £450 comes from?

    Any court in the land will only award you losses and damages, and seeing as it has started off from a £23 debt, you will only get a small amount plus a % on top for your damages/losses/time.

    £450? I can assure you it will be laughed out of court.
  • wannabe_sybil
    wannabe_sybil Posts: 2,845 Forumite
    I've been Money Tipped!
    I am not legally qualified. And I loathe Orange as I have had appalling service from them in the past.

    Please check exactly what you are allowed to claim in the Small Claims. You can claim the amount you actually are out of pocket and statutory interest plus court fees. You may be asked to cite appropriate legislation to prove you are allowed to claim things. You cannot claim for upset in the Small Claims court.

    Also, if you have that experience as a union man then you know that quoting Billy Ocean songs is not a legal precedent.

    Also, Orange are thinking about you a lot less than you are thinking about them. You are almost certainly in the pile of work of a clerk who is not legally qualified. Who probably thinks you are odd.

    But please continue with the case as the Court staff like a laugh as much as anyone.

    I am not legally qualified. I spent 12 years working in County Courts. This does not give you legal knowledge. It does, however, give you a great appreciation of the wonderful variety of things that have been written on claim forms.

    Also - I do not know Tozer in real life and almost certainly wouldn't know them if I fell over them, but according to other posts by them, they are either legally very well qualified or read and memorise legal texts as a hobby, and as such it is worth paying attention.

    But good luck with your case - have you notified local press?
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • boozercruiser
    boozercruiser Posts: 763 Forumite
    Part of the Furniture Combo Breaker
    Thanks for the input of the last three Posts Guys above me:T

    Lots of positive, thoughtfull, constructive advice:T ....just what I hoped for by posting here.:j

    Hailing from Liverpool as I do us Scousers are renound for our sense of Humour, and if Gordon Brown can go on You Tube and make the Nation:rotfl: then I can go to Court and give them a good :rotfl: ...as well as some of you guys... then I can :rotfl: too:rotfl::beer: Have a nice day.:D
    You've heard the budget speech now you've been told. Make lots of cash then die before you're old 'Cause we're gonna Tax Gran that's what it is We're gonna Tax Gran freeze her allowances. You better hope next winter isn't cold. We're gonna Tax Gran, we're glad she's there.To subsidize the Billionaires. We're gonna Tax Gran and this is wrong!
  • wannabe_sybil
    wannabe_sybil Posts: 2,845 Forumite
    I've been Money Tipped!
    Thanks for the input of the last three Posts Guys above me:T

    Lots of positive, thoughtfull, constructive advice:T ....just what I hoped for by posting here.:j

    Hailing from Liverpool as I do us Scousers are renound for our sense of Humour, and if Gordon Brown can go on You Tube and make the Nation:rotfl: then I can go to Court and give them a good :rotfl: ...as well as some of you guys... then I can :rotfl: too:rotfl::beer: Have a nice day.:D

    Creative use of smileys that man!
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I must admit that I am rather intrigued by this case. I have this image in my head of the OP as someone who is trying to remove a traffic cone from outside their house by driving a bulldozer through the entire estate whilst wearing a blindfold. In other words, their approach is ill informed, rash, and may cause more damage than the initial problem, but there is also a small chance that they may get what they want.

    Not really any other input to give at this point. Partly because Tozer has covered everything that I was going to mention (apart from the one quote below), and partly because I doubt the OP would really listen anyway.
    Igol wrote:
    And if he does win it cites precedent and then the many others in the same situation will be able to use it to sue Orange.
    County court judgments do not constitute binding precedent. At best if he wins it will show people that it is possible to win in his situation. But nothing more than that.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • Stephb1986_2
    Stephb1986_2 Posts: 6,279 Forumite
    I have too had problems with orange with putting me on the wrong tarrif so I got a £350 bill!! and £220 for the following month even though I rang them and said it was the wrong tarrif they changed it and I got a further 2 bills at more than £100!!

    In the end I got my brother to ring up who worked for vodafone he gave them a earfull and they refunded me £80 and put me on the right tarrif. Thank the lord I've not had any problems since.

    Good luck! Keep us updated

    Steph xx
  • Tozer
    Tozer Posts: 3,518 Forumite

    Not really any other input to give at this point. Partly because Tozer has covered everything that I was going to mention (apart from the one quote below), and partly because I doubt the OP would really listen anyway.
    County court judgments do not constitute binding precedent. At best if he wins it will show people that it is possible to win in his situation. But nothing more than that.

    Agreed. My concern with this case is that the OP is not exactly claiming from a position of legal authority. Certainly the County Court will not want to pave the way for new legal principles.

    At best, he can hope for a default judgement which I suspect Orange will then set aside.

    I suspect this case will be thrown out and he will lose his fees.

    Many years ago, I acted for a bank in a "nutter claimant" case where it was being sued for £1 billion. It was all utter nonsense and ended up costing the claimant an absolute fortune in legal costs when it was finally struck out.
  • wannabe_sybil
    wannabe_sybil Posts: 2,845 Forumite
    I've been Money Tipped!
    That's the thing - someone starts off with a reasonable complaint, which it seems that the OP has, then they get all hyped up, then it goes against them, then they appeal taking it out of the Small Claims and into big fee territory, then they appeal again, and again, and Orange have got someone expensive on retainer so they may as well use them...

    Sometimes a minimalist approach to a complaint is more useful. I have seen people lose their houses when things have got out of hand, after they had lost appeal after appeal an order for costs was made, then a charging order put on their house, then an order for sale... And then the person in question sued over the disruption to some items when the bailiffs went in, changed the locks and took possession!

    OP - I hope you get satisfaction, quite genuinely, but do be careful about this. Be prepared to back up absolutely everything, and fix in your mind at what point you would walk away before it cost more than it was worth. Good luck.

    Also, make sure you have the legal stuff nailed. Because the boss of the clerk that is dealing with your matter will check it all up and will know a zillion ways round anything slightly shaky.

    Think of Bob Paisley rather than Graeme Souness.
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • Freddie_Snowbits
    Freddie_Snowbits Posts: 4,328 Forumite
    Sorry, I'd love to vote on this thread, but prat is not an option.
  • taxiphil
    taxiphil Posts: 1,980 Forumite
    Tozer wrote: »
    At best, he can hope for a default judgement which I suspect Orange will then set aside.

    Orange can't just have a judgment set aside merely by asking for it. They have to go before a judge and convince him that the court papers were never received by them (i.e. they got lost in the post) and hence they were never even made aware of the claim. It's not enough for them to say "we're too inept / bureaucratic to have defended the case first time around because it got lost within our organisation".

    Convincing a judge that Royal Mail failed to deliver all the various court documents is no easy matter and judges are not daft.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.