Quote:
Originally Posted by funkyparott Valid points legal pickle.
If you wanted to leave AOL for breach of contact, surely the normal track could hear a case for breach of contract and make an order that the MAC code be provided.
FP |
If you are purely seeking an order, and not seeking any monies, then it is
EITHER issuing a claim for something other than money [including possession claims] which will cost you £150 to issue and would then most likely go on to the fast-track where costs are awarded
OR an N244 Application on Notice which costs £75 and where costs are awarded.
I don't know what you mean by the "normal" track. What is normal? The times I recommend people take on court cases are where they would be below £5k in value - hence most likely small claims track - or are virtually dead cert.
Issuing court proceedings seeking an order, unless it is seeking enforcement of an Ombudsman decision - in which case it is less, and is enforcement, rather than an order you would make - could be more costly for the consumer.
If however you are seeking an order
as part of a court claim then you issue for the monetary value, and it proceeds on the relevant track dependent on the monetary value.
Bottom line: If a provider has refused to give you a MAC code because they disagree that the contract has been breached, either find something they have done wrong that reasonably has cost you money - and that they would be liable for - and seek an order for a MAC code and cancellation of the contract in the process or go through their complaints procedure and take it to the relevant ADR scheme.