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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46760
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On the 14 September I agreed with BT to transfer my landline

Resolved Question:

On the 14 September I agreed with BT to transfer my landline and broadband from Talk Talk to BT. I was told that the services would all be up and running by the 28 September. On 28 September the broad band became live no problem. Unfortunately BT did not transfer my original number. As of today I have now been waiting 31 days to get my old number back with BT making various excuses. As I am self employed as a long distance private hire/ chauffeur driver my phone number was the main point of contact for customers. According to last years tax figures (lower than this years) my income per day roughly works out to be £197 per day. Therefore I have potentially lost £6107 of income. Is there anyway I can sue for this money lost and potentially the damage it has caused to future earnings. Regards Sean
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Who exactly is at fault here?
Customer: replied 1 year ago.
British telecom as they failed to transfer my original number
Customer: replied 1 year ago.
The agreement made was that broadband and telephone would be transferred to BT from talk talk and that BT would take care of all the transfer with no interruption to my services or changes to. My number
Customer: replied 1 year ago.
R u there ben
Expert:  Ben Jones replied 1 year ago.
Yes I am only been a couple of minutes since you replied last :)
Have you been told why the transfer had not happened?
Customer: replied 1 year ago.
They claim that Talk talk ceased the number , but when I spoke to talk talk they said that BT hadn't requested the number. It would not have been ceased if BT had requested it
Customer: replied 1 year ago.
I have to go out in 10 mins for about an hour will u be online then. I think the system is a bit slow today
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
There is indeed a possibility to try and pursue BT for some compensation for the apparent loss of business as a result of their negligence. If they had promised to transfer the number with the transfer of services and this was unconditional (i.e. not subject to any other factors and was practically a guarantee) then you could try and argue that they had been negligent in the provision in their services. In a case of negligence the aggrieved party could seek compensation for direct losses incurred as a result of the negligent act. Even if this is not negligence it could be a simple breach of contract because they have not provided you with the service which you had requested from them.
When you calculate your losses, it may not necessarily be an average of what you earned in the past. This could be a combination of busy and quiet periods and the time of the year will depend. For example if the summer is the busy period, the same losses may not necessarily reflect the quieter autumn or winter months (of course the opposite may be true and summer is quiet, but this is just an example). Also any business you did generate in the meantime will be offset from your losses. Finally, you will need to show that you could not have minimised your losses in any way. So you may be asked why could you not make any changes to your contact details, place new adverts, contact old customers, etc – this would have still incurred costs but they may have been less than the losses you incurred by doing nothing. So that is what a court may look at when considering your claim.
In terms of taking this further, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
a) Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
b) Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
c) If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46760
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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