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I sued PLUSNET in the small claims court
eriko
Posts: 6 Forumite
I am leaving this comment here but would like it to be moved to a more prominent or appropriate place so everyone can read it.
In February 2014 I contacted PLUSNET to install a phone line & supply a modem & broadband at the new house I was moving to, I paid them £72.98, I received confirmation of my order (a contract ?)in the post the following day & 2 appointments were booked for a month later for the work to be done. I moved to my new house & waited, I took 11 hours off work unpaid to be at home for the BT Openreach engineers, but no one turned up, I tried to contact PLUSNET on my mobile several times only to be told I was in a queue & had to wait over 40 minutes, I also tried to contact them by using the local call box - again I was in a queue & would have to wait over 50 minutes. I wrote to PLUSNET to complain & demanded my £72.98 back plus my lost salary circa £400 including compensation for breach of contract & explicitly gave them 14 days to comply or I would take them to the small claims court, their response was to offer me a miserly £25 for my inconvenience & my money back if I formally asked for it, "HOW OUTRAGOUS!" So of course I made a claim through MYCOL the online small claims service, I offered mediation & waited for their response, NOTHING for approximately 12 months ! so a hearing date was set & surprise surprise I start to get phone calls & an offer in writing of £150 to settle this time from BT LEGAL. I now know that PLUSNET in their incompetence failed to book the 2 appointments with their parent company BT OPENREACH thus wasting my time & causing my financial loss. The case was heard on 03/07/2015, PLUSNET/BT didn't even bother to attend simply sending a letter, I had a very thorough, & severe but legally professional examination of my claim & my evidence by the justice (I'm not going to mention his name) my award was just shy of £300 & they have until the 25th of July to pay. I shall keep you informed. I would urge anyone who has issues with utility companies be it water/gas/electricity or telecoms to do as I did & use the small claims court – that is what it is there for ! At the time of writing this BT have 5 CCJ’s against them dating back to 2011 (& now 6 with mine) this company & its subsidiaries simply don’t care if they break civil law – it’s time we ALL complain & use the courts to get justice.
Eriko.
I SUCESSFULLY SUED PLUSNET/BT IN MY LOCAL COUNTY COURT !
In February 2014 I contacted PLUSNET to install a phone line & supply a modem & broadband at the new house I was moving to, I paid them £72.98, I received confirmation of my order (a contract ?)in the post the following day & 2 appointments were booked for a month later for the work to be done. I moved to my new house & waited, I took 11 hours off work unpaid to be at home for the BT Openreach engineers, but no one turned up, I tried to contact PLUSNET on my mobile several times only to be told I was in a queue & had to wait over 40 minutes, I also tried to contact them by using the local call box - again I was in a queue & would have to wait over 50 minutes. I wrote to PLUSNET to complain & demanded my £72.98 back plus my lost salary circa £400 including compensation for breach of contract & explicitly gave them 14 days to comply or I would take them to the small claims court, their response was to offer me a miserly £25 for my inconvenience & my money back if I formally asked for it, "HOW OUTRAGOUS!" So of course I made a claim through MYCOL the online small claims service, I offered mediation & waited for their response, NOTHING for approximately 12 months ! so a hearing date was set & surprise surprise I start to get phone calls & an offer in writing of £150 to settle this time from BT LEGAL. I now know that PLUSNET in their incompetence failed to book the 2 appointments with their parent company BT OPENREACH thus wasting my time & causing my financial loss. The case was heard on 03/07/2015, PLUSNET/BT didn't even bother to attend simply sending a letter, I had a very thorough, & severe but legally professional examination of my claim & my evidence by the justice (I'm not going to mention his name) my award was just shy of £300 & they have until the 25th of July to pay. I shall keep you informed. I would urge anyone who has issues with utility companies be it water/gas/electricity or telecoms to do as I did & use the small claims court – that is what it is there for ! At the time of writing this BT have 5 CCJ’s against them dating back to 2011 (& now 6 with mine) this company & its subsidiaries simply don’t care if they break civil law – it’s time we ALL complain & use the courts to get justice.
Eriko.
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Comments
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Thanks .
Did you need to prove your loss of income ??0 -
Yes I had to prove my hourly rate & my employment status, the award was for 11 hours lost income minus the tax.0
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... So of course I made a claim through MYCOL the online small claims service, I offered mediation & waited for their response, NOTHING for approximately 12 months ! so a hearing date was set & surprise surprise I start to get phone calls & an offer in writing of £150 to settle this time from BT LEGAL.I SUCESSFULLY SUED PLUSNET/BT IN MY LOCAL COUNTY COURT !
Question: why did you wait for 12 months for Plusnet to respond?4kWp, SSE, SolarEdge P300 optimisers & SE3500 Inverter, in occasionally sunny Corby, Northants.
Now with added Sunsynk 5kw hybrid ecco inverter & 15kWh Fogstar batteries. Oh Octopus Energy too.0 -
Once my claim was filed a hearing was set for July 2014, but this was deferred to give PLUSNET/BT time to mediate - which of course they didn't hoping I would just give up, so the hearing was back on May 2015 & heard the first week of July.0
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Deferrred for nearly a year, I'd have wanted it sorted sooner so could get on with things, like life?! Also hope you claimed interest due from when you incurred the loss!
Always amazes me, people start proceedings and then drop it or don't follow it up.
But well done and thanks for posting, someone else has already put it on Plusnet's community feedback forum!4kWp, SSE, SolarEdge P300 optimisers & SE3500 Inverter, in occasionally sunny Corby, Northants.
Now with added Sunsynk 5kw hybrid ecco inverter & 15kWh Fogstar batteries. Oh Octopus Energy too.0 -
Well done! I have an ongoing issue with Plusnet re: whether the MAC code was used or not and they just keep quoting their terms and conditions. Quite frankly I feel it shouldn't be my responsibility to ensure the MAC is used (I requested it) and it is an issue for Plusnet and other providers to sort out. Because of this though I am probably £100 out of pocket because as well as the £30 "cessation charge" 2 weeks notice, a mysterious £14.99 AND 4 months of over paid broadband because my broadband continued when I thought it was cancelled. I was no longer in a contract either.
I made various attempts to complain via their site and now it appears my account has been closed as I can't access my raised questions to respond.
As you say, they probably think individuals will get tired of the lack of response from Plusnet. Maybe it's time to take this further.
I also found this on Plusnet's community forum - it'll probably get removed shortly!0 -
An update on this PLUSNET saga, the court document gave them 21 days to pay, on or before the 25th of July, yesterday I received a cheque from them " RESULT " except for the fact that the name on the cheque isn't correct, & the amount in figures is different from the amount in letters, so my bank wouldn't accept it. So is this sheer ineptitude & incompetence on their part - or a cynical & deliberate ploy to avoid paying ?0
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First of all well done to the OP!
Question:
You state you claimed £400 "including compensation for breach of contract" and then go on to say the judge awarded you £300.
Can you confirm if the judge threw out your compensation claim and only awarded you for your actual losses?0 -
The judge deducted the tax the OP would have paid on the lost income0
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True my original claim was for closer to £500 to include a sum for breach of contract, the Judge did indeed award a total of just short of £300, he agreed that a breach of contract " had " occurred but decided that this " breach" was a separate issue not for this court at this time as any pecuniary loss was too removed - his words not mine,0
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