BT taken to court over non direct debit charges

utilitybroker

Ofcoms views on non-dd charges are outlined here.

http://www.ofcom.org.uk/consult/condocs/addcharges/faq/

deklan99

As espresso says but this fromTalktalk's T&Cs

"The delivery of the service to the new address is dependent on network availability and cannot be guaranteed.
TalkTalk do not activate or install new lines - this will have to be arranged with BT and the service migrated to TalkTalk when it is live (please note that you might incur a cancellation charge for transferring your service to TalkTalk - you should check this with BT)."

and

"If you are moving home, are still within the 18-month period set out in your contract, and wish to cancel your TalkTalk service instead of transferring it to your new address, then you will be charged the LOWER of either £70 or the cost of your service for the remainder of the contract"

Only problem with Talktalk not connecting customers themselves is their own in-house systems not up to scratch, other providers can do this.

sargentusuk

just some news to confuse everyone

3 put in there defence on Thursday at 12.27 pm by FAX

even though i had already served Judgement and it was 20 hours and 27 minutes late the court is refering it to a judge

They have put in a counterclaim about money i owe them (which is not owed as i have a complaint through the telecommunications ombudsman and the debt has been put on hold - none of which is said on their late defence)

Does the defence count as it is late or do i win and the judge is looking at the counterclaim

Anyone with anything to help. If the court case does commence i will ask the case to be closed as the case to be closed as:

1) the defence was late and i entered judgement

2) the counterclaim from the defendent is in part true but inaccurate and 3 knows that it is inaccurate as i have a case through the ADR sceme - i am unable to comment further on this case and i would like it thrown out or stayed

Any suggestions

utterbar

sargentusuk wrote: »

just some news to confuse everyone

3 put in there defence on Thursday at 12.27 pm by FAX

even though i had already served Judgement and it was 20 hours and 27 minutes late the court is refering it to a judge

/snip

Does the defence count as it is late or do i win and the judge is looking at the counterclaim

Anyone with anything to help. If the court case does commence i will ask the case to be closed as the case to be closed as:

1) the defence was late and i entered judgement


Any suggestions

There's not really any chance of you having a defence thrown out for being late, especially not by only a day or so, the primary consideration for the court when deciding whether or not to allow an application to set aside default judgment is whether the defence has any real prospect of success.

Haven't read enough of the thread to be able to comment on your other point.

BexTech

The judge will make it known s/he isn't impressed about it being late, but unlikely to throw it out.

sargentusuk

just a update i have done a application to the court to get the order set aside, the counterclaim struck out and the judgement in default looked at again

BritBrat

Maybe BT and O2 gave Ofcom a push to get the consultation out so they could use that in a defence.

Surely Ofcom would not let themselves be manipulated like that?

And if you are in any doubt who's side Ofcom are on read this:

Ofcom is going to the High Court to stop the British public getting access to a list of every mobile phone mast in the UK.
The telco regulator is appealing the Information Commissioner's decision that the public has the right to know where cellphone masts are located.

Last September, an Information Tribunal ruled that the public should have access to a list of every base station in the UK. Though Ofcom argued that this is an unreasonable intrusion into the privacy of the network operators, it was told the information must be made available.

Ofcom stands up to Information Commissioner

Then ask yourself why would Ofcom not want us to know where they are?

After all you can see them everywhere.

deadringer

sargentusuk wrote: »

just a update i have done a application to the court to get the order set aside, the counterclaim struck out and the judgement in default looked at again

any news? what happened?

normanmark

deadringer wrote: »

any news? what happened?

A similar case with BT came through & was the non-DD charge was deemed fair & perfectly reasonable by the courts.

http://news.bbc.co.uk/1/hi/england/west_midlands/7319545.stm

I'm guessing the poster's case might have a similar outcome!

deadringer

I can hardly imagine that this will be the end of the matter. In the same article it states that

"Last March, Trading Standards described the charges as "outrageous" and "unjustified" "

Meanwhile, Ofcom is conducting their own investigation.

5.5 million BT customers are refusing to pay by DD. that tells a big story.