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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was convinced by a salesmanship Unicom to change my broadband

Customer Question

I was convinced by a salesmanship Unicom to change my broadband he told me that I would not need a new box the monthly payment would be half what I was paying and the broadband speed faster. He quickly shoved a contract in front of me gave me no chance to read it did not explain any costs to me and got me to sign up. A few days later I received a box I rang up and queried this and basically said I had to connect the box up myself no answer to why I did get a box. After 4 days I still had no broadband as I am self employed this lost me business. I had to take hours off work to ring up as they close at 5.30pm I eventually got a bit of internet. It only worked in one room was extremely slow and the upload and download incredibly low. Again I rang and then found it was not even fibre optic. I told them I could not use this service and would cancel. I have since had threatening letters saying I owe them for 3 years broadband which was about 620 pds but every time they write authorship and is now over 700pds. Where do I stand
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

For now please let me know what is it you want to achieve?

JACUSTOMER-6qhlo094- :

I do not want to pay this money at all as I was misled got a broadband that was not as described and barely worked and was not informed of the charges

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

JACUSTOMER-6qhlo094- :

What do I do about the letters they keep sending me demanding I pay over £700 for cancelling my contract early

Alex Watts :

You can ignore them once you issue proceedings I am sure they will stop

JACUSTOMER-6qhlo094- :

Yes but is the contract invalid if the information their salesman gave me was untrue and the item did not work for 4 days at all and then only specifically and below the expected standard. Plus if I claim I have to pay for making a claim . Plus they are threatening to just take the money out of my account

Alex Watts :

Yes that is correct.

Alex Watts :

Which is why if you make a claim they are likely just to leave the money THEY are claiming

Alex Watts :

So you need to write ask for a refund, which they will refuse and then issue a claim

JACUSTOMER-6qhlo094- :

I meant paradoxically not specifically

Alex Watts :

It is breach of contract based on lies and false representations

Alex Watts :

Does that clarify?

JACUSTOMER-6qhlo094- :

Is there a time scale for all this. I started with this company about 2/3 months ago but it has been an ongoing complaint and issue with them since a few days into receiving my box

Alex Watts : 6 years so plenty of time
JACUSTOMER-6qhlo094- :

So they can't turn round and say I had to cancel within 14 days

Alex Watts : no.
Alex Watts : Lies unravels all
JACUSTOMER-6qhlo094- :

So let me get this clear I write to them again saying I refuse to pay their fee as I was misled and the broadband service was inadequate I then say I want a refund of x amount to recompense for lost business and that if they refuse I will go to the claims department and then if they do refuse go to the claims court. In the mean time I should stick to my guns and refuse to pay. I am just worried that while all this is happening I will be credit black listed.

Alex Watts : You are only blacklisted if you get s court judgment
Alex Watts : even then if you pay a judgment within a month it is removed
Alex Watts : does that clsrify ?
JACUSTOMER-6qhlo094- :

Yes but I may get a can of it goes to court they will be more powerful than me

JACUSTOMER-6qhlo094- :

Get a ccj I meant

Alex Watts : its a small claim. You can't just get a ccj without a court hearing
JACUSTOMER-6qhlo094- :

Please can you confirm if the msg I sent at 8.41 is the correct procedure

Alex Watts : I confirm it is correct
JACUSTOMER-6qhlo094- :

Yes I know but if I had to go to court they would have more expertise than me

Alex Watts : it does not mean they are right
JACUSTOMER-6qhlo094- :

They may well not be right but they might baffle me with legal jargon and make me out to be wrong in what I have said. I just want this to be resolved without me going to court. I have visions of debt collectors coming to my door and removing tv's and lap tops and the amount I owe going up daily and want to know if they can do this

JACUSTOMER-6qhlo094- :

My question at 8.51 was not answered even though the expert was online till 8.58. All previous answers were I felt fairly vague and did not really give me enough information on how best to tackle my issues . I also had to ask again for a confirmation of my enquiry at 8.41 as it was ignored the first time.

JACUSTOMER-6qhlo094- :

I have noticed on my online banking that this payment of £38 is due to be paid twice please note that Not only have I not agreed to make any payment yet if I do decide to make a payment only one payment of £38 should be taken

Alex Watts : The contract was based on a lie
Alex Watts : Therefore even with the best legal jargon it won't be valid
Alex Watts : It will be a small claim anyway and quite informal - not a proper court etc
Alex Watts : Does that help ?
JACUSTOMER-6qhlo094- :

You haven't answered about the fact that two lots of £38 are scheduled to come out of my bank when I look at my online bank statement. You have not given me any information regarding my concerns about debt collectors coming to my door and removing goods, i.e. are they able to do this

Alex Watts : Any billing questions can I ask you to email customer services please
Alex Watts : Debt collectors can't remove goods - they have no power to do that
Alex Watts : Only court appointed bailiffs can take goods
Alex Watts : even then they have no automatic right of entry
Alex Watts : So only court appointed bailffs and even then only with a court order
Alex Watts : this can only be with a county court judgement
Alex Watts : so until they issue a claim, it is heard by a judge which you attend and then only if you lose
Alex Watts : Does that clarity the legal position ?
JACUSTOMER-6qhlo094- :

What is the email for customer service please

Alex Watts : *****@******.***
Alex Watts : can I clarify anything about your legal question today please?
Alex Watts : Experts at justanswer dot co dot UK
JACUSTOMER-6qhlo094- :

Yes thanks , once I have had confirmation that only one payment will be taken I will complete the rating score

Alex Watts : Thank you. As an expert I simply have no access to billing, I can only see the questions
JACUSTOMER-6qhlo094- :

I am very annoyed I have not given the ok rating for you to receive payment and two payments of £38 each have been taken out of my bank. I emailed the customer service and did not have a reply from them. I want this refunding please give me a number to ring

Alex Watts : I am an independent expert so don't work for the company directly. I only speak to them via PM and email.
Alex Watts : they generally respond within 24 hours. But bear in mind it was the weekend so you may get a response today at some point

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