Small claims - mobile phone operator

sdduk

ConsumerGuy0016 wrote: »

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.

Looks like you may have to go to the small claims if 3 are not budging or maybe contact someone like BBC Watchdog

Surely they must be in the wrong if you have already had a reduction on your bill and you still not getting no service.

Silk

ConsumerGuy0016 wrote: »

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.

Do you have this in writing or was it verbal ?


If not you may have to do a SAR to get the details, the fly in the ointment will be having accepted the situation at the start rather than rejecting the contract straight away

ConsumerGuy0016

Silk wrote: »

Do you have this in writing or was it verbal ?


If not you may have to do a SAR to get the details, the fly in the ointment will be having accepted the situation at the start rather than rejecting the contract straight away

This was verbal. From what I gather, call recordings are kept for 60 days and then deleted. This call was longer than 60 days ago.

Customer services did however, in writing, on further occasions promise that network issues would be resolved after I continued to complain of network issues.

mobilejunkie

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

Screenshots can't prove where you were at the time - though they might accept your word they could challenge that.

In answer to your earlier 2 questions; it's not that simple. If you're going down the MCOL route, the court issues and then you wait for their response. If they contest it and the court says it needs a hearing, you then have to go to your local court. How long the hearing takes depends on them and possibly whatever obstacles the defendant may put in the way. It also then starts to get more expensive (at least £100 on top of the original MCOL fee).

Whther they turn up is up to them. I've sued many times (but not networks). Rarley gets to court because I have a fairly water-tight case; when it has some turn up (only once a barrister) and sometimes they don't. It costs them a lot to pay a professional to go there - and they can't claim that back in the small claims court. It ends up as a commercial judgement on their part - sense would dictate they pay you off, but there have been times in my experience when they'd rather waste (their) time and money attending court, having fought tooth and nail every step of the way beforehand.

ConsumerGuy0016

mobilejunkie wrote: »

Screenshots can't prove where you were at the time - though they might accept your word they could challenge that.

In answer to your earlier 2 questions; it's not that simple. If you're going down the MCOL route, the court issues and then you wait for their response. If they contest it and the court says it needs a hearing, you then have to go to your local court. How long the hearing takes depends on them and possibly whatever obstacles the defendant may put in the way. It also then starts to get more expensive (at least £100 on top of the original MCOL fee).

Whther they turn up is up to them. I've sued many times (but not networks). Rarley gets to court because I have a fairly water-tight case; when it has some turn up (only once a barrister) and sometimes they don't. It costs them a lot to pay a professional to go there - and they can't claim that back in the small claims court. It ends up as a commercial judgement on their part - sense would dictate they pay you off, but there have been times in my experience when they'd rather waste (their) time and money attending court, having fought tooth and nail every step of the way beforehand.

Appreciate the response.

I made sure I took a succession of screenshots whilst my phone was on the Google Maps app so my location is shown by a blue circle.

Will be interesting to see how this pans out - having completed the MCOL form today, it wasn't a step that I took lightly (have spent the last 5 months waiting for a decision from the Ombudsman) and alongside the sheer number of chat transcripts (in which the admit network issues at my postcode) and screenshots I've taken I feel I have a reasonable case.

mobilejunkie

I trust you sent them a Letter Before Legal Proceedings first? Commencing proceedings may also void your CISAS claim.

ConsumerGuy0016

mobilejunkie wrote: »

I trust you sent them a Letter Before Legal Proceedings first? Commencing proceedings may also void your CISAS claim.

Yes, already sent that. And yes, Ombudsman decision was unsatisfactory, happy to turn it down!

parttimeskint

ConsumerGuy0016 wrote: »

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:

So you want out and they have agreed providing you return the handset but you're not willing too? Did you get the handset free?


I don't think its 3 that are being unreasonable here at all.

ConsumerGuy0016

parttimeskint wrote: »

So you want out and they have agreed providing you return the handset but you're not willing too? Did you get the handset free?


I don't think its 3 that are being unreasonable here at all.

Don't understand this post. You asked me whether or not I got the handset for free, then before receiving my response, you decided to reach a conclusion of me being unreasonable. (FYI: I did not get the handset for free)

Stick to being skint pal.

parttimeskint

That's doesn't change my opinion either way as I'm sure, even if you did pay for it, you didn't pay retail for it and got it heavily discounted on the basis of a 2 year contract.