MSE News: O2 to hike its prices by 2.7% - can you leave your contract penalty-free?

ChilliP2012

It better be or someone is going to get a rocket up their jacksy

ChilliP2012

People here are going to love this.

Called the Mediation Service today as I had not heard from them over the days that they advised me they were going to call. It turns out they have telephone O2 and even emailed the legal team on the email address that was given on their defence form. urns out that O2 have failed to respond to any contact attempts made by the Mediation Service!!!!

AlwaysConfused

I'm not sure who should get the "numpty" award ? the Ombudsman Service for not even bothering to investigate complaints or O2 for simply not giving a [insert word of choice] !!!!!!!

ChilliP2012

I know exactly where that award would go to

davethorp

Oh the fun I have to look forward to.......

ChilliP2012

@davethorp

Here is everything you will need. The number for the Small Claims Mediation service is 01604795511. Now the legal department at O2 will have that number so you shouldn't go through the same c0ck & bull I have.

I've just this minute got off the phone from the guy in their (O2) legal department.

1. He says that the Small Claims Mediation Service had contacted the barrister named on the defence form via the email address given on the defence form, yet after having checked with this barrister, that no email had been received or the barrister in question couldn't find the email. I trust the Small Claims Mediation Service on this one. There is no way they wouldn't of sent an email, so it's probably vanished into thin air like O2's notification of their price increase did to me.

2. He also says that the Small Claims Mediation Service had contacted another colleague in the legal department, who's number was also on the defence form filed by O2 and that, that colleague had not received any call from the Small Claims Mediation Service.

Anymore of this and I'll need a good JCB & an even better shovel!

My question is now, now that O2 have had every opportunity to go to the Small Claims Mediation Service with me and that hasn't happened and with the case going back to the court, do I agree to a further opportunity of mediation or do I say, enough is enough and just proceed?

AlwaysConfused

My personal opinion is that, based on previous (and documented) behavior displayed by O2 you can no longer have any confidence in them taking part with any sincerity.
At best they are incompetent, at worst they simple don't give a hoot.
You've been willing, they've not. I would proceed.

ChilliP2012

Having slept on it and spoken to my partner, I still can't hide my utter disdain for O2 and their utter disregard as far as my case against them is concerned. Are they really trying to tell me that a barrister and another legal rep have not received an email and/or phone call from a COURT APPROVED SERVICE?

I have decided enough is enough. No more excuses or fob offs O2. I am proceeding. That way, what ever the result I won't be bound to confidentiality agreements either.

Up yours O2

RandomCurve

Right decision in my view. Use O2s ineptitude against. Solute this as evidence that they don't know what they are doing so can there be any confidence that they sent to you price rise email/text

ChilliP2012

Sent the following email to both the court & defendant today.

Dear Sir/Madam,

I contact yourselves in relation to the above case. Mediation was due to take place last week via the Small Claims Mediation Service. However, this didn’t take place because the Small Claims Mediation Service failed to obtain a response from the defendant, Telefonica (UK).

Having initially agreed to pursue a mediation between myself & the defendant, this is something that I no longer wish to pursue. The reasons for this are as follows.

The defendant claims that the Small Claims Mediation Service had contacted the barrister named on the defence form, Kirill Albrecht, via the email address given on the defence form, yet after having checked with Mr Albrecht, that no email had been received or Mr Albrecht couldn't find the email. I implicitly trust the Small Claims Mediation Service and it is my view that there is no way the Small Claims Mediation Service would fail to send an email trying to contact the defendant, so it's probably vanished into thin air like O2's notification of their price rise increase did to me.

The defendant also states that the Small Claims Mediation Service had contacted another colleague in the legal department, Carole Love, who's number was also on the defence form filed by Telefonica (UK) and that colleague had not received any call from the Small Claims Mediation Service. Again, I find that hard to believe.

My personal opinion is that, based on previous (and documented) behaviour displayed by the defendant, Telefonica (UK), that I can no longer have any confidence in them taking part with any sincerity. At best they are incompetent, at worst they simple don't give a hoot. I've been willing to mediate and it seems they've not. The facts stated above and in particular my Particulars of Claim, shows the defendant has dealt with this in a certain level of ineptitude. I further submit this as evidence that they don't know what they are doing and so there can the be no confidence in the defendant that they sent me the price rise email/text as stated in their defence.

The defendant has had plenty of opportunity to mediate and resolve this matter long before this had reached the small claims track. I no longer have any confidence in resolving this, in the future, by mediation and therefore I wish for this case to proceed down the small claims track without any further opportunity to mediate.

Yours sincerely.

Obviously used some words from the response here, so thanks for that

The case has also been transferred to Slough as of the 14th June 2014.