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

ChilliP2012

Have you included weekends? If so, that may be why.

davethorp

It said 14 days. Not working days

ChilliP2012

Just had this email today. Cracked me up.

Dear Mr ******

Thanks for your email sent on 16 June. I was surprised to learn that you no longer wish to use the independent mediation service.

When we’ve spoken previously you made it clear that you’d like to reach an amicable resolution and avoid a court hearing. As we have discussed, this approach is something the court would expect from both parties.

We were as disappointed as you to hear the mediation service had tried to contact us and we’ve now missed the window to arrange this. We don’t understand why they were not able to speak to the relevant person. On our directions questionnaire we included a mobile number for my colleague Carol who did not receive any calls or voicemails, and an email address for another of my colleagues Kirill who has checked and can’t find any emails from them.

We have always been willing to complete the mediation and this hasn’t changed.

If the court decide the case is still suitable for mediation, they may decide to pass the case back to the mediation service. If and when this happens we will contact them to arrange a suitable date as we now have their contact details. We hope you will do likewise.

Kind regards,

Mr Joe Bloggs | Telef!nica UK Limited

So it would seem, they are trying to make me out to be a bad guy to the court. So I sent this response.

Dear Joe Bloggs,

As explained in my previous email.

For anyone at O2 to claim that they have not received any calls or emails from a court appointed mediation service is ludicrous in my view. It shows the utter contempt that O2 have treated me with regarding this case. It clearly shows a level of ineptitude on O2's part.

I have contacted the court and stated clearly that I do not wish to mediate any further on this matter. I hope the court will act on the email I have sent to Slough. As far as I'm concerned, O2 have had their chance to mediate and have failed to do so. I really cannot blame the mediation service for this and the failure of any mediation lies firmly at O2's door.

If the mediation service contact me because the court decide that the case is suitable for mediation, they will also receive the same explanation as stated above.

Kind regards.

This email (below) has already been sent to Slough and O2 on 16th June 2014.

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.

Still nothing as to when the case will be heard in Slough. More updates to follow no doubt!

davethorp

I had a brief email exchange yesterday with the person who sent the holding response but hadn't replied in 14 days as they said they would. They did want to call me to discuss but I requested all correspondence to be in writing or by email so I have a full paper trail and also because I have issues with anxiety which can affect me on the telephone

I've told them that if we haven't come to any kind of agreement by the end of the week I will submit my claim, which is ready to go on MCO. I just need to pay the fee and submit it. They've said they need to discuss with their solicitors and will come back to me before the end of the week

ChilliP2012

Slightly bad news I'm afraid.

Received a letter today.

Stating that:

IT IS ORDERED THAT

Case struck out as having no reasonable prospect of success.

(a) it appears the contract has come to an end. The claimant cannot therefore claim "for the cancellation of the contract."

(b) the "compensation" sought is irrecoverable. The "cost of the remainder of the contract" does not make sense.

I can object to the order to have it set aside, varied or stayed within 7 days of receiving it.

RC need your help here bud. It makes me think they've got the original PoC and not the updated one I did. In the updated PoC I withdrew my request for compensation.

[Deleted User]

Sorry that I've replied to the wrong thread.

RandomCurve

ChilliP2012 wrote: »

Slightly bad news I'm afraid.

Received a letter today.

Stating that:

IT IS ORDERED THAT

Case struck out as having no reasonable prospect of success...............



RC need your help here bud. It makes me think they've got the original PoC and not the updated one I did. In the updated PoC I withdrew my request for compensation.

I have been helping ChilliP behind the scenes. We now wait to hear the courts next thoughts!

ChilliP2012

I've just had an interesting response from my local MP who contacted OFCOM directly. Will upload later when I have time to edit personal details.

ChilliP2012

ChilliP2012

I've heard nothing since replying to them.