Taking a mobile company to court

tehn00p

Hello All,

I won't go into to details of the claim, but I am wanting to take a mobile operator to the small claims court over a breach in the T&Cs which they will not admit although very obvious. One way of getting the contract voided would be to cancel, pay the ETF and claim the ETF. I would do this, but I just can not afford to pay the ETF right now (£500 odd) and it's a risk in case I lose in court. So what I am asking is, would it be possible to take them to court while still paying my contract under protest (they have noted that I am doing so)? What would I claim?

I have never done this before , so it's all a bit new, but I'm more than willing to do it. I just wonder if doing it this way will be possible?

Thank you

grumbler

Are you aware of the 'Three price raise' threads where a similar topic is being discussed?

MSE News: Three to raise mobile prices
Three Mobile price-hike: customers may be able to cancel contracts without penalty
Three have raised prices; cause to cancel contract?

tehn00p

grumbler wrote: »

Are you aware of the 'Three price raise' thread where a similar topic is being discussed?

MSE News: Three to raise mobile prices
Three Mobile price-hike: customers may be able to cancel contracts without penalty
Three have raised prices; cause to cancel contract?

Yes, but I didn't want to make it specific to Three as it might help with other networks when people are in the same situation It has happened to me once before on O2 (if I recall correctly), but I never did anything as I couldn't pay the ETF. This time I'm not putting up with a company pushing me around! :rotfl:

I_luv_cats

http://ask.ofcom.org.uk/help/telephone/landcomplain

If you have exhausted the internal complaints (i.e. deadlock) why don't you complain to Alternative Dispute Resolution Scheme (ADR).

At the moment Ofcom has approved two ADR schemes – CISAS and Ombudsman Services: Communications.


I had trouble with a phone company, used OTELO in the past and got results.

tehn00p

I_luv_cats wrote: »

http://ask.ofcom.org.uk/help/telephone/landcomplain

If you have exhausted the internal complaints (i.e. deadlock) why don't you complain to Alternative Dispute Resolution Scheme (ADR).

At the moment Ofcom has approved two ADR schemes – CISAS and Ombudsman Services: Communications.


I had trouble with a phone company, used OTELO in the past and got results.

Well I only have this week to take some action as the 30 day period will be up, so I was going to send them a pre court action letter in the next few days, plus I heard people haven't got anywhere with Ombudsman. What do you think I should do given the time frame?

I_luv_cats

tehn00p wrote: »

Well I only have this week to take some action as the 30 day period will be up, so I was going to send them a pre court action letter in the next few days, plus I heard people haven't got anywhere with Ombudsman. What do you think I should do given the time frame?

8 weeks / deadlock to go to the regulator.

Have you thought about going to the top of the mobile phone company (CEO etc.) with your complaint??

I've done that and normally gets results. (I rarely get dissatisfaction in the end)

tehn00p

I_luv_cats wrote: »

8 weeks / deadlock to go to the regulator.

Have you thought about going to the top of the mobile phone company (CEO etc.) with your complaint??

I've done that and normally gets results. (I rarely get dissatisfaction in the end)

Yup, sent emails to him and the executive office and nothing but stock answers (both on the price rise and traffic shaping). Talked to a high up exec and nothing. Spent an hour yesterday trying to get to a manager at the call centre, but nothing. They did note that I am paying under protest though. Next step is court or ombudsman, but I don't want to miss my chance to start court proceedings. I'll fire an email to ombudsman tomorrow and see what happens I suppose.

I_luv_cats

tehn00p wrote: »

Yup, sent emails to him and the executive office and nothing but stock answers (both on the price rise and traffic shaping). Talked to a high up exec and nothing. Spent an hour yesterday trying to get to a manager at the call centre, but nothing. They did note that I am paying under protest though. Next step is court or ombudsman, but I don't want to miss my chance to start court proceedings. I'll fire an email to ombudsman tomorrow and see what happens I suppose.

You could ring Consumer Direct to see if going to the regulator would affect your chances of going to the Small Claims Court/time frames.

With debt you have six years, not sure with contracts.

Buzby

If it simply because the tariff increased, and it is under 10% pa, you do run the risk of losing. No contract locks in a price - can you expand on where you think it does?

grumbler

Buzby wrote: »

...can you expand on where you think it does?

Although the question is not addressed to me, I'll say that I have already 'expanded' once:

grumbler wrote: »

Three wrote:

4.1 We may vary any of the terms of your agreement, including our Packages, on the following basis:
...
(iii) increase the fixed periodic charges for your Package

However, you seem to ignore everything that doesn't fit into your theory.