Small Claims Court Action!!!!

jamie1982

Moneyineptitude wrote: »

Others will have used the proper procedure and gone to the Ombudsman. Refusing to "trust" the Ombudsman will likely cost you dearly.

The complaint went through the relevant ombudsman, but as you’ll be aware the ombudsman does not go out of their way to request documents and simply rule on the evidence provided. My supplier only provided the account notes that backed up their version of events and despite my explaining to the ombudsman that they were lying and that there were evidently several account entries missing from the defence my supplier put forward, the ombudsman didn’t see fit to request these missing account notes, hence my having to issue a sar request to obtain these account entries.

The ombudsman do not do appeals so armed with the evidence I collated the only other option was court, not an option I relish but I will not be left out of pocket by a suppliers incompetence and subsequent lying.

One point to make about how useless the ombudsman is, my supplier claimed that I had been advised about a change of t&c’s, I advised that I had never received notification of these changes. In their deference to the ombudsman my supplier provided an account note that said a letter had been sent to me, I advised the ombudsman that this letter had never been received nor had I signed it to agree to any changes, and that at the very least I would like to see a copy of this alleged letter…. the ombudsman did nothing.

Quite ironic that when I issued a sar request to my supplier requesting account notes and specifically a copy of this letter, their reply advised that a copy of this letter or any evidence of it being sent or issued could not be found….

[Deleted User]

jamie1982 wrote: »

The ombudsman do not do appeals so armed with the evidence I collated the only other option was court, not an option I relish but I will not be left out of pocket by a suppliers incompetence and subsequent lying.

I think you risk being left very out-of-pocket if you lose and have to pay the court costs.
Do let us know how you get on....

chanz4

Suppliers dont save t&c letters, they are automated. Your case wll be full of holes proceed with caution

jamie1982

chanz4 wrote: »

Suppliers dont save t&c letters, they are automated. Your case wll be full of holes proceed with caution

As I said I don’t want to go into too much detail as court papers have now been served but basically my supplier altered my services. When I discovered the changes I contacted them but they claimed they hadn’t done anything wrong and wouldn’t discuss it any further. I sent the complaint to the relevant ombudsman and my supplier claimed I’d been informed of the changes during a call with them and that I’d been sent a letter detailing these changes.

As I didn’t agree with this I issued the sar request, I received a transcript of the call in question and there is no mention of any changes, and as I put earlier the company advised that a copy of the letter or any evidence of it being sent or issued could not be found. I’ve been advised that if a company issue a letter, even if it is issued by an automated service, this will still show on your account notes.

Basically my supplier made changes to my services, failed to tell me and when I found out about them and questioned them they tried lying to get out of it. I don’t know about anyone else but personally I don’t think this is acceptable.

Quentin

jamie1982 wrote: »

... I don’t know about anyone else but personally I don’t think this is acceptable.

Not grounds to sue them.

Have you any loss to claim?

jamie1982

Quentin wrote: »

Not grounds to sue them.

Have you any loss to claim?

Don't want to go into too many details, but yes their actions caused a significant loss.

chanz4

slower speed internet, jsut hope you have not been downloading anything you shouldnt

Gordon_Hose

All they have to do is show a letter was sent. Whether you received it or not is irrelevant as once it is posted it is deemed delivered. unless it was sent recorded delivery, then they'll either have a signature confirming delivery or they won't.

jamie1982

Gordon_Hose wrote: »

All they have to do is show a letter was sent. Whether you received it or not is irrelevant as once it is posted it is deemed delivered. unless it was sent recorded delivery, then they'll either have a signature confirming delivery or they won't.

As I said, my supplier showed the ombudsman an account note saying I’d been advised of the change of service and that a letter had been sent out. I knew this to be untrue so issued the sar request, the reply I received included a full transcript of the conversation which showed that I was not advised of the change of service during the call, and also stated that a copy of the letter or any evidence of it being sent or issued could not be found.

Gordon_Hose

It doesn't need to be found.