Help needed with reference to taking O2 court for damages

bigcatman

Hi everyone,
I hope someone can assist me.
I'm looking for a good solicitor who deals in communication law, as I have major issues with O2, of which there are too many to list on here.
(Let's just say, they have missed sold me contracts, given me very poor coverage and blamed me for it, have blacklisted me for money I don't even owe, promised to send PAK codes as far back as March, of which I'm still still waiting for as well as other issues)
Before anyone suggest's the ombusman, this has been done and they managed to screw the whole complaint up, even going as far as going to O2 and saying things I never even mentioned or agreed to.
I hope someone can assist, as this has all been casued by one person in higher resolutions at O2, of which I need to know if I can sue her as well as O2 for all of this, as I have a damaged credit file and I'm a neverous wreck because of it all.

PHK

If you've been to an ombudsman then their decisions are legally binding.

You could go to small claims court, if you believe you're owed or have lost money but you'll have to justify why you believe you're owed it.

I don't think communication law (whatever that is) is the right area. If you're not going down the small claims route then don't take legal advice from a forum. Goto a solicitor who may recommend a specialist or take advice from somewhere like citizens advice.

bigcatman

PHK wrote: »

If you've been to an ombudsman then their decisions are legally binding.

You could go to small claims court, if you believe you're owed or have lost money but you'll have to justify why you believe you're owed it.

I don't think communication law (whatever that is) is the right area. If you're not going down the small claims route then don't take legal advice from a forum. Goto a solicitor who may recommend a specialist or take advice from somewhere like citizens advice.

PHK, thanks for the reply.
I rejected the Ombudsman’s claims under the grounds that the investigation was not conducted properly and the compensation was inefficient for the issues relating to the complaint.
I am no solicitor and I requested help from this forum to get a recommendation for a solicitor who deals with the likes of the telecoms industry and do not require legal advice from a forum.
With regards the Citizens advise, they would be unable to assist and you advise me to go to the ombudsman which I have already done.

pmduk

PHK wrote: »

If you've been to an ombudsman then their decisions are legally binding.

I'm certain that if you check you'll find that the ADR's decisions are binding on the Telecoms provider, but not the consumer.

OP, it's probably the consumer law speciality you need as the case will hinge on your consumer contract. I suspect telecommunications specialists will focus on business aspects,

mobilejunkie

Unless you know what you're doing and how to do it I'd let it go. I have taken dealers and others to the small claims court many times and always win. However, compensation for stress, lost time etc. can't be claimed anyway and the main thing is your credit rating. That will be harder to get them to change. In any case, using a solicitor is likely to run up a blank cheque and the small claims court won't award that back.

Ombudsman tend to believe whatever the network tells them and ignore what you tell them. However, it is free and something is better than nothing - however poorly they have performed.

If you are prepared to write a blank cheque and endure potentially months or even years of stress, time and increasing costs/pressures, then finding a solicitor who is any better than the network or Ombudsman is another minefield. It doesn't help that your description doesn't include the correct reference to pac (not PAK) even after all this time. If your understanding of processes is similar your case may also be shaky at best. He said/she said is a hiding to nothing. Written proof of everything and the network breaking a contract is all that matters.

PHK

pmduk wrote: »

I'm certain that if you check you'll find that the ADR's decisions are binding on the Telecoms provider, but not the consumer.

OP, it's probably the consumer law speciality you need as the case will hinge on your consumer contract. I suspect telecommunications specialists will focus on business aspects,

You are correct, but the fact that they are legally binding on the business means a court will be reluctant to change that decision (and may even refuse to hear the case).

In practical terms it means the OP would need to have evidence to show what they are owed by O2 and evidence to show the ombudsman decision was incorrect (note that doesn't mean the OP is unhappy with the decision but actual proof of an error). If not done so already then the OP should go through the Ombudsman complaint procedure.

pmduk

OP, another thing to consider is how you reached the point of having credit rating issues with them. I'm trusting you didn't decide to stop making contractual payments, as it's unlikely a court can/will do anything about that.

forgotmyname

If the ombudsman suggested a figure for them to pay you need to prove why its not enough. Claiming it made you a nervous wreck yet not enough of one to want to drag it on longer and longer trying to get a bit of extra compo may not look good.

Do you have any losses that are in black and white?

[Deleted User]

bigcatman wrote: »

I rejected the Ombudsman’s claims under the grounds that the investigation was not conducted properly and the compensation was inefficient for the issues relating to the complaint.

In your opinion which makes the next statement correct:

I am no solicitor

If you want to waste your money (based on the paucity of information given) go ahead.

Jon_01

You might be able to find a good solicitor, but the network will be able to find a better one (and a team of them). They have far deeper pockets than you do. You could end up being in litigation for years watching all your money drain away.