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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14780
Experience:  Senior Associate Solicitor
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I moved house and booked with my internet provider to move

Customer Question

I moved house and booked with my internet provider to move it over . I had to wait 2 weeks and stay home that day from 8-6 . I phoned the company at 3pm to see if they were coming . The guy said they had no way of tracking and wait till 6pm . 15 mins later he phoned back to say it had been cancelled but no one let me know. I was not happy and wanted to complain to management having lost a days pay . I was told it would take 48 hours . 48 hours later i recieve a text saying openreach have to turn it on 2/9 , which was 9 days later with still no apology. I phone back to be told that 2/9 would be the latest , i also asked to speak to a manager . A manager phoned me later that day to appologise and i asked about compensating me for the day off with no show and she said they dont do that (not fair) She also explained that they could do the phone but broadband would be at a later date as they didnt have the fibre in my area yet . There was no date set . On 2/9 i contacted them again to say if openreach were coming that day i was at work . The guy said no one was doing anything as the job had expired on the 28th aug and i was out of contract on jan 2021. So whoever i spoke to on the 26 aug had obviously done nothing as it expired 2 days later . I then phone the manager back to ask what going on and she again couldnt answere that but would re book it . I asked her to cancel it as she stated i would not get broadband in this area off them . Now she says im still in contract till jan 2022 . They want 499.00 to get out of contract . They carnt supply my needs and have let me down badly and ive told them to take me to court
JA: Where are you? It matters because laws vary by location.
Customer: England leigh
JA: What steps have you taken so far?
Customer: I going to write to the onbusman . And have booked with virgin to supply my needs as they can
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yesterday they gave me a call i missed becos of no wi fi so they txt me to phone a number and i did nobody at that office by that name . She phoned later and it was missed again . I call the number she phoned me on and got her . But she left the wrong number by txt again , thats why i phoned her on the missed call number . On saturday i also recieved an urgent txt with number to call which i did to get the sales team who couldnt help . So they can't even give me the correct number . When i spoke to Chante my new account manager she said it was nt fair but could offer me the phone line cheaper till they get the fibre in my area . No point
Submitted: 15 days ago.
Category: Law
Expert:  JimLawyer replied 15 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 15 days ago.

The correct way to deal with this is to involve the Ombudsman however the Ombudsman will not take on your case unless and until you have the internet provider's final response, following a complaint to them.

Given the dispute you can avail of the Financial Ombudsman Service dispute resolution scheme - which is much quicker than court action and free to use. You have to go through a complaints procedure first.

During this time (8 weeks for the insurer then 16 weeks for the Ombudsman) the internet provider should not attempt to recover the money from you.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the internet provider) carried out with reasonable care and skill. Furthermore, the internet service they offer should be “fit for purpose” and “as described”. It is clear they were unable to provide the service to you.

You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response. Their complaints policy will be detailed on their website if you take a look.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the provider which would hopefully result in a resolution and a cancellation of that bill. They can order the internet provider to make a financial award for inconvenience if they have acted poorly.

Once you have their final response, you can make the complaint to the Ombudsman here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Or by email:***@******.***

Based on the circumstances, assuming the internet provider does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the provider.

If the Ombudsman does not find in your favour the provider may escalate this and use a debt collection company.

Debt collectors are not bailiffs - they have no powers as such. They will simply try to collect the money their client thinks you owe. You can turn them away if you dispute the debt and they visit you - they can’t enter your home and take goods. They would report back to their client they were unsuccessful and it’s then up to their client whether to take matters further.

They will send a letter before action to you if their debt collection attempts fail - which is required under the pre action protocol to give you the chance to avoid court action. They usually give you 14 days to pay before they will take civil court action.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help.

You should not ignore the court papers as if you do, the claimant will apply for judgment in default meaning they win and you would not be allowed to defend the claim.

A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived.

You should first invite the claimant to voluntarily discontinue their claim within 7 days if it gets to this point - tell them if they don't then you will apply to strike out and seek your costs if you are forced to do so. If you have no response or they reply and refuse then you could apply to strike out.

The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

I can assist you going forwards if it gets to the point they issue a claim.

Expert:  JimLawyer replied 15 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 15 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim