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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 was in a contract with a Tele-com company and I can prove

Customer Question

I was in a contract with a Tele-com company and I can prove beyond doubt that they have let someone to make use of my tariff without my knowledge & permission and have charged me for the consequent use,
Is this a breach of contract? How many types of breaches that have been done?
Which court I can apply to claim damages?
what position in I am to claim damages and what amount to which the damages can be claimed including overcharged money, stress, inconvenience & upset?
can they be sued under FRAUD ACT 2006
What if this case was first submitted to CISAS (Communications and Internet Services Adjudication Scheme) and their adjudicator refused the claim. what is impact of this on the case?
Thanks and look forward to hear from you soon
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 what loss you have suffered?

Customer :

My initial claim as filed through CISAS was £5121

Customer :

it included refund of wrongly charged £121 + inconvenience etc of £5000. But as this claim has been put down by CISAS, I want to claim damages through court for even higher amount due to all the time and hassle it has and still costing me. hence my question.

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.



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?

Customer :

three things to update your answer for please:

Alex Watts :

Of course

Customer :

so I need to write them again (1) instead of the fact that I did so which they never replied and matter ended up to Offcom adjudicator who decided in their favour refusing my claim. what is the impact of CISAS adjudication process, will the court care about it at all as precedence (2)? will I have to stick to my original claimed amount or I can claim even more(3)?

Alex Watts :

1) Yes I would write again

Alex Watts :

2) The CISAS is something the Court can consider but is not binding

Alex Watts :

3) You can claim whatever you want as long as you can justify it

Customer :

ok, good, now the most important thing is once I have the claim, will I be able to share it with you on this platform or otherwise?

Alex Watts :

Yes you can ask for furtehr questions of me

Customer :

and finally any similar cases and other stuff I can look at and even submit as precedent before start court application?

Alex Watts :

Not on this platform no

Customer :

ok, elsewhere?

Alex Watts :

I dont know if there is a template library online - none that I know of sasly

Alex Watts :

sadly

Customer :

template for judicial precedence help? or to write a claim?

Customer :

well, as you said I can ask you questions, so I wish I could prepare my claim and let you have a look and suggest if anything needs adding or otherwise.

Customer :

and we can always agree on a cost, on this platform or otherwise.

Alex Watts :

I can not be instructed, as this is a question and answer site.

Alex Watts :

But once you rate this answer you are free to ask me further ones

Alex Watts :

But I may not reply until the morning as it is 1,25am now and I need to go to bed

Customer :

Goodnight! :)

Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

You can reply it tomorrow when you come online.

So, as my starting point in making claim is the breach of contract and which caused damages,

(1) what type of breach it is? i.e. letting someone make full use of my tariff even I had the SIM in my possession?

and can a separate application be made (2) (to which court?) under Fraud Act 2006?

Expert:  Ash replied 2 years ago.
1) It is breach of contract
2) County Court as I indicated above.
Alex
Customer: replied 2 years ago.
And could they be sued under Fraud Act 2006?
Expert:  Ash replied 2 years ago.
Not civil no.
Alex
Customer: replied 2 years ago.
I meant a separate application to any other court? And if no then why?
Expert:  Ash replied 2 years ago.
Because it is a criminal matter, not civil. You are taking civil action.
Alex
Customer: replied 2 years ago.
I am asking. I have not limited myself to civil if it can be done
Expert:  Ash replied 2 years ago.
No.
Alex
Customer: replied 2 years ago.
Can you explain why? Why it can't be considered FRAUD
Expert:  Ash replied 2 years ago.
Because in a civil context you can't sue for fraud only breach of contract. Fraud is a criminal matter.
Alex
Customer: replied 2 years ago.

Alex, I have been to a local solicitor and its entirely a different story. they told me (out of their experience) that that no matter what I will never get £5000 inconvenience compensation form court.

also they said I could apply for a 'declaration' from court towards FRAUD.

they advised me to just not do anything about it coz its expensive to go to court and they will give me my original £121.

that makes me disappointed with your advise. :(

Expert:  Ash replied 2 years ago.
There is nothing stopping you claiming the £121 and £5000
The judge can award lower but not higher.
Seeking a declaration takes it out of being a small claim and you will have to pay legal costs.
I guess they did not tell you that?
Alex