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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I ORDERD A PHONE LINE FROM CHESS TELECOM. THEY SAID IT WOULD

Resolved Question:

I ORDERD A PHONE LINE FROM CHESS TELECOM. THEY SAID IT WOULD BE FITTED IN TWO WEEKS.AFTER SEVERAL CALLS TO CHESS ALLS I GOT WAS THAT SOMEONE WOULD RING ME BACK BUT NEVER DID, I WAITED APPROX SIX WEEKS THEN RANG TO CANCELL THE ORDER. THEY NOW WANT OVER £3800.00 FOR CANCELING. IS THIS FAIR
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if you are a consumer or business?

Customer:

WAS A BUSINESS BUT NOT NOW

Alex Watts :

But when you signed up it was a business?

Customer:

YES

Alex Watts :

Ok - do you have it in writing they said it would take 2 weeks?

Customer:

NO BUT HAVE A RECORDING

Alex Watts :

Ok good. Well you do not need to worry.

Alex Watts :

Yes there is a contract but they are in breach of contract by saying it would be 2 weeks and indeed taking 6 weeks.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.

Alex Watts :

Therefore on this basis you do not need to pay them. They can try and take you to Court but it would be the business. This would be a small claim so no need to get lawyers involved.

Alex Watts :

But on the above you do not need to pay

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

THEY HAVE SENT ME A NOTCE OF ENFORCEMENT

Alex Watts :

Yes but they can't enforce without a Court order.

Alex Watts :

They can't send in bailiffs without a Court order

Alex Watts :

And they can only get that once proceedings have been issued and you have ost

Alex Watts :

* lost *

Customer:

BUT THEY HAVE

Alex Watts :

They have issued proceedings?

Alex Watts :

Did you file a defence?

Customer:

YES BUT THEY SAID I DID NOT REPLY

Alex Watts :

Was there Judgment in default?

Customer:

YES BUT GIVE IT TO MY SOLICITOR

Alex Watts :

And what he did do with it? When was this?

Customer:

YES BUT GIVE IT TO MY SOLICITOR

Alex Watts :

OK - what did your Solicitor do with it?

Alex Watts :

When was this?

Customer:

IT WAs the 13/09/2014 she said she would ring chess

Alex Watts :

And what has your Solicitor done 6 weeks later?

Customer:

nothing i rang her on the 27/10/2014. i am still waiting for a call

Alex Watts :

Ok. What you MUST do is apply to set the CCJ aside.

Alex Watts :

You need to do this asap

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is also a Court fee of £155 to pay

Alex Watts :

You can then apply to set aside and there will be a Court hearing.

Alex Watts :

You need to say why you have a defence and that you submitted your defence to Court.

Alex Watts :

The Court will then consider whether to set aside.

Alex Watts :

But do this TODAY

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

no thanks i will try to get hold of my solicitor thanks again

Alex Watts :

Great. Can I help with anything else today?

Customer:

No Cheers

Ash and other Law Specialists are ready to help you