Small claims - mobile phone operator

ConsumerGuy0016

Just wanted to kindly get some information regarding the remit of judges adjudicating in small claims.

Due to poor network issues my requests to my mobile phone operator are:

i) to terminate my contract immediately without penalty or fee (mobile phone operator has breached their own T&Cs)

ii) to refund me all line-rental costs incurred since the date that they should have cancelled my contract (the date I requested them to do so)

My question is: I understand that small claims can award me the monetary amount involved in ii) but can they also enforce i) in which the mobile phone operator would have to cancel my contract with immediate effect?

Many thanks

mobilejunkie

I believe they could. However, whether it is reasonable to the cancel for that reason is another matter. If you can prove they breached the t&c of your contract it is possible. I expect they would put up a stout defence and the circumstances of the individual case would be critical. For instance, if you moved address after the contract was taken out I doubt you'd win.

d123

ConsumerGuy0016 wrote: »

Just wanted to kindly get some information regarding the remit of judges adjudicating in small claims.

Due to poor network issues my requests to my mobile phone operator are:

i) to terminate my contract immediately without penalty or fee (mobile phone operator has breached their own T&Cs)

ii) to refund me all line-rental costs incurred since the date that they should have cancelled my contract (the date I requested them to do so)

My question is: I understand that small claims can award me the monetary amount involved in ii) but can they also enforce i) in which the mobile phone operator would have to cancel my contract with immediate effect?

Many thanks

what breach of the T&Cs are you asserting? A little more detail might be helpful in getting advice...

ConsumerGuy0016

mobilejunkie wrote: »

I believe they could. However, whether it is reasonable to the cancel for that reason is another matter. If you can prove they breached the t&c of your contract it is possible. I expect they would put up a stout defence and the circumstances of the individual case would be critical. For instance, if you moved address after the contract was taken out I doubt you'd win.

Hi mobilejunkie,

Thanks for your response. I have remained at the same address since inception of the contract. I believe I have compiled sufficient proof to convey a breach of contract (have been doing so on a regular basis for around 6-7 months now).

I had a couple more questions I was hoping you could help me out with:

i) based on previous submissions, what is the average length of time between submitting a claim (via Money Claim online) and receiving a court date?

ii) are operators known to turn up at these court hearings? I've read elsewhere that they're quite lazy with these things and prefer to settle outside of court at an earlier date.

Many thanks

d123

ConsumerGuy0016 wrote: »

Hi mobilejunkie,

Thanks for your response. I have remained at the same address since inception of the contract. I believe I have compiled sufficient proof to convey a breach of contract (have been doing so on a regular basis for around 6-7 months now).

I had a couple more questions I was hoping you could help me out with:

i) based on previous submissions, what is the average length of time between submitting a claim (via Money Claim online) and receiving a court date?

ii) are operators known to turn up at these court hearings? I've read elsewhere that they're quite lazy with these things and prefer to settle outside of court at an earlier date.

Many thanks

You still haven't explained yourself all that well, but the networks are far from lax, my last network fought to the bitter end when I took them to CISAS previously (though I did win, in the end).

ConsumerGuy0016

d123 wrote: »

what breach of the T&Cs are you asserting? A little more detail might be helpful in getting advice...

Under Clause 11a of the operators T&C’s I may end the agreement with the retailer if,

“we don't do something fundamental that we should have done under this agreement within seven days of you asking us in writing”

Section 10 (Credits if there is a failure of service), specifically Clause 10a states,

“If we have to maintain our network or if there is a technical fault on our network that means you can't use all our services for three days in a row, we'll credit you for the line-rental charge for the period the service was not available.”

Since the last credit was applied on my account in June 2014 (under Clause 10a),the operator refused in writing to provide any further recompense to my account despite accepting that I have suffered continuous network issues. Following this, I wished to cancel my agreement with the operator under Clause 11a, as they have failed to do something fundamental that they should have done under their agreement.

As the operator accepts that I have faced these network issues they have offered to cancel my contract without termination fee if I return the handset. I have refused this, as under Clause 11d:

“When this agreement comes to an end: In these three situations you do not have to pay all line-rental charges until the end of the minimum period. However, you may have to make a payment for your mobile equipment. We will let you know in your order form or welcome letter or welcome email if you have to make this kind of payment for your mobile equipment and will tell you the original value on which that payment is based.”

In my ‘order form or welcome letter or welcome email” I was not notified that I would have to make a payment for my mobile equipment if the agreement came to end under Clause 11a.

-- Evidence that I have compiled:

i) around 20-30 chat transcripts with the operator in which they admit to unresolved network issues, and in which they refuse any further credits despite this

ii) Around 75-100 snapshots/screenshots of my phone, displaying the No Service sign, whilst having the Google Maps app opened on my phone to display my location.
The operator had previously said that they were only able to offer cancellation if my issues were prevalent at and around my home postcode and as they were unable to discern if my issues were at my home or work postcode they wouldn't offer cancellation.

Would be interested to hear your thoughts on the above, and if you've come across anyone previously who had gone down this route regarding network issues.

Many thanks

Silk

ConsumerGuy0016 wrote: »

ii) Around 75-100 snapshots/screenshots of my phone, displaying the No Service sign, whilst having the Google Maps app opened on my phone to display my location.
The operator had previously said that they were only able to offer cancellation if my issues were prevalent at and around my home postcode and as they were unable to discern if my issues were at my home or work postcode they wouldn't offer cancellation.

Does the network have service at your primary location ie. the billing address ?
If so you would not be able to force the issue other than to accept an offer of goodwill.
If there is no service available at your address then you would be able to ask for termination without penalty, although it would depend on a couple of issues.

ConsumerGuy0016

Silk wrote: »

Does the network have service at your primary location ie. the billing address ?
If so you would not be able to force the issue other than to accept an offer of goodwill.
If there is no service available at your address then you would be able to ask for termination without penalty, although it would depend on a couple of issues.

No - the google image snapshots I've taken are at the billing address (where I frequently have no service) - even when there is some service (1 or 2 bars), the phone simply won't connect the call.

"although it would depend on a couple of issues" - do you mind kindly going further into these issues?

Much appreciated, Silk.

Silk

ConsumerGuy0016 wrote: »

No - the google image snapshots I've taken are at the billing address (where I frequently have no service) - even when there is some service (1 or 2 bars), the phone simply won't connect the call.

"although it would depend on a couple of issues" - do you mind kindly going further into these issues?

Much appreciated, Silk.

On my way out again but eg. if you have had the contract for a while and accepted the issue for a length of time or if the service was prev ok and has been down whilst repairs and upgrades taking place. Buildings being built at a later stage obstructing service beyond network control etc

sdduk

ConsumerGuy0016 wrote: »

No - the google image snapshots I've taken are at the billing address (where I frequently have no service) - even when there is some service (1 or 2 bars), the phone simply won't connect the call.

"although it would depend on a couple of issues" - do you mind kindly going further into these issues?

Much appreciated, Silk.

OP you not mentioned if you get service outside of your house like in your garden.

Three or any other network do not guarantee signal inside your home so if you get signal outside ok there's not much you can do about it.

ConsumerGuy0016

sdduk wrote: »

OP you not mentioned if you get service outside of your house like in your garden.

Three or any other network do not guarantee signal inside your home so if you get signal outside ok there's not much you can do about it.

Hi sdduk,

Do not get service outside of my house - the screenshots taken are whilst I'm outside the house.

I'll usually be unable to make the call inside, so I'll go outside, face the same issues and then take the screenshots.

Silk - took out contract 12 months ago. Network issues prevalent throughout - operator admitted this 6 months in, and offered me 3 months goodwill. I accepted on the condition that the network issues were resolved - which the promised they would be. Issues have continued 6 months on.