Pipex rip off

[callumsgran]

Originally Posted by legalpickle

Prelim request for what exactly?
There is no obligation to send TWO letters and I consider it soft and time wasting.
If the OP can get all the information he needs from his bank - which I'm sure he can - then there is no need for any other requests from them.

Soft and timewasting?
I call it good manners

[HSBCrusher]

well, I got a better deal with my broadband a few years ago, they cut the price when I pointed out the price of a competitor politely over the phone... its likely they want to keep your business.

[daz1981]

Originally Posted by callumsgran

Soft and timewasting?
I call it good manners

I agree, especially as it's borderline whether this would actually stand up in court. The courts expect you to give the defendant time to actually resolve the issue, and by just sending our the LBA and only allowing 14 days to resolve this, it will count against you. By being more lenient it will count in your favour, which you may need if this goes to court.

By starting off with a hardlined approach they could take the same stance with you, and i'm sure this sort of situation would be covered in their T & C's somewhere (where the responsibility of tarif changes lies with the customer). If you send an initial letter requesting for the money back, and they refuse to do this, then you can send out the LBA, it covers due dillegence and will work to your advantage in the courts.

[legalpickle]

Originally Posted by callumsgran

Soft and timewasting?
I call it good manners

Why should one use good manners to Tiscali & Co? [Pipex are owned by Tiscali]. One shouldn't!

Originally Posted by daz1981

I agree, especially as it's borderline whether this would actually stand up in court. The courts expect you to give the defendant time to actually resolve the issue, and by just sending our the LBA and only allowing 14 days to resolve this, it will count against you. By being more lenient it will count in your favour, which you may need if this goes to court.

By starting off with a hardlined approach they could take the same stance with you, and i'm sure this sort of situation would be covered in their T & C's somewhere (where the responsibility of tarif changes lies with the customer). If you send an initial letter requesting for the money back, and they refuse to do this, then you can send out the LBA, it covers due dillegence and will work to your advantage in the courts.

14 days is more than sufficient time to work the issue out.

I - and obviously the OP, which is what matters - disagree with the other posts here.

Tiscali rubbish are never nice anyway, so the hard stance is the right approach against them. If it was a small local company that made a one off mistake then maybe, but with Tiscali who are inherently evil, hard approach is the only one that pays off - I should know, I've sued Tiscali & Pipex more than once each! [And won 1 that went to a hearing, all others were settled].

[robin9342]

Why should one use good manners to Tiscali & Co? [Pipex are owned by Tiscali]. One shouldn't!

Because often, it works! I agree that Pipex/Tiscali is probably the worst ISP known to man - I have been a customer of both in the past. However bad the company is though, you are dealing with people - human beings - and manners can make a big difference to getting your desired outcome.

This is, of course, a consumer forum and I'm all for people exercising their rights. I do despair of the way we are headed though. Just like America, its SUE, SUE, SUE.

I've sued Tiscali & Pipex more than once each! [And won 1 that went to a hearing, all others were settled].

Fair enough and well done in getting a good result. Presumably your claims were different to the OP's though (otherwise, I imagine you would have said so). Ultimately, the OP has to decide whether to take this to court or not, but the majority of posters on this thread think that he does not stand a good chance of winning and have posted advice accordingly.

[legalpickle]

Originally Posted by robin9342

Because often, it works! I agree that Pipex/Tiscali is probably the worst ISP known to man - I have been a customer of both in the past. However bad the company is though, you are dealing with people - human beings - and manners can make a big difference to getting your desired outcome.

1. I have never said to be rude.
2. It never works with that bunch of ....

Originally Posted by robin9342

This is, of course, a consumer forum and I'm all for people exercising their rights. I do despair of the way we are headed though. Just like America, its SUE, SUE, SUE.

Nope. I disagree. It's a different type of culture. There each one pays their own costs - in every case - no loser pays, so there's a lot more suing.

Originally Posted by robin9342

Fair enough and well done in getting a good result. Presumably your claims were different to the OP's though (otherwise, I imagine you would have said so). Ultimately, the OP has to decide whether to take this to court or not, but the majority of posters on this thread think that he does not stand a good chance of winning and have posted advice accordingly.

I fail to understand that "logic". I've posted advice on the letter. One of my claims was similar - the main difference being the length of time I was with them.

[HSBCrusher]

Why should one use good manners to Tiscali & Co? [Pipex are owned by Tiscali]. One shouldn't!

one should ALWAYS use good manners

but the majority of posters on this thread think that he does not stand a good chance of winning and have posted advice accordingly.

this would be my advice.

[legalpickle]

Originally Posted by HSBCrusher

one should ALWAYS use good manners

Nowhere did I say one should be rude, and I disagree that two letters is good manners. Plus I disagree that one should make an effort to use good manners with such edit as Tiscali & Co.

Originally Posted by HSBCrusher

this would be my advice.

But it is not what the OP feels - which is most important. I concur with the OP.

When you're in the same position then argue.

[HSBCrusher]

When you're in the same position then argue.

we are in the business of getting what is right for the consumer, not encouraging them to take futile action that could land them in a "legal pickle"

[legalpickle]

Originally Posted by HSBCrusher

we are in the business of getting what is right for the consumer, not encouraging them to take futile action that could land them in a "legal pickle"

So am I, and I don't think it is futile action - and obviously neither does the OP.

[robin9342]

Originally Posted by legalpickle

So am I, and I don't think it is futile action - and obviously neither does the OP.

The OP does not know if it would be futile action or not. He came on here asking for advice:

Anybody know where I stand as I have been paying over the odds for the same service?

He has received advice - you say "Sue!", the rest of us say "Probably won't win". Now, its up to the OP which advice he takes and I wish him luck either way.

[daz1981]

Originally Posted by legalpickle

Why should one use good manners to Tiscali & Co? [Pipex are owned by Tiscali]. One shouldn't!

It's nothing to do with how good your manners are with Tiscali, it's how the judge views the case if it goes to a hearing. If you have sent several letters, chased them to resolve it and when it got nowhere you took it to court then the judge is more likely to view your case in a positive light than if you simply sent a single letter and took them to court. The courts are very busy with the claims coming in and the more you do prior to the case to try and resolve the issue the better your case would be viewed. I'm not saying the single letter won't work, as if you have a strong case then it wouldn't matter, but for a case that's borderline whether the OP would win it's better to do as much as possible to appease the judge. Waiting another 2 weeks and posting another letter is just a small way of helping to do this.

[Lula]

I think that the salient point here is that there really isnt a case.

[legalpickle]

Originally Posted by robin9342

The OP does not know if it would be futile action or not. He came on here asking for advice:
He has received advice - you say "Sue!", the rest of us say "Probably won't win". Now, its up to the OP which advice he takes and I wish him luck either way.

It seems the OP is following my advice with the letter.

What you - from your posts - and - I believe - others don't grasp is that this isn't a case of being on one tariff and the availability of another tariff but being on one tariff and not having it applied correctly or changed when it changes. Indeed the OP's draft letter shows this - he was told that it is allegedly his duty to check his tariff is being applied correctly. I am sure that if he was being charged correctly the staff would have told him as such when he called!

Your comparison of the gas & electric suppliers actually put your foot in it. I completely agree that if the OP was on a 1mb 30gb usage service and there was a 10gb usage service that was cheaper it would be his duty to change the tariff, but - for the purposes of this example - he was on the 1mb 10gb usage tariff and charged the incorrect price!

Comparatively if E.on - solely for the purposes of this example - had a dual fuel tariff and a dual fuel online tariff - the latter of which was cheaper - and you were on the former, it would be your duty to find the cheaper tariff, but if the charge for the former was meant to be 1p/KWh - for the purposes of this example - and you were charged 2p/KWh, then why wouldn't you have a case?

You said that £23.44 was the price for the 8mb service, but he wasn't on that service!

I think the OP has a very good case actually and think that you of all people have proven it!

Originally Posted by daz1981

It's nothing to do with how good your manners are with Tiscali, it's how the judge views the case if it goes to a hearing. If you have sent several letters, chased them to resolve it and when it got nowhere you took it to court then the judge is more likely to view your case in a positive light than if you simply sent a single letter and took them to court. The courts are very busy with the claims coming in and the more you do prior to the case to try and resolve the issue the better your case would be viewed. I'm not saying the single letter won't work, as if you have a strong case then it wouldn't matter, but for a case that's borderline whether the OP would win it's better to do as much as possible to appease the judge. Waiting another 2 weeks and posting another letter is just a small way of helping to do this.

I agree that it's best to appease the Judge, but sending 2 letters is useless and timewasting. In fact sending 2 letters quite often - especially with large companies - makes them think you are just trying to waste their time and have no intention to take court action whatsoever - and in effect causes the opposite intention.

I always believe in making the letters as harsh as possible - whilst not being rude - and if necessary waiting an extra week after the 14 days, but a second letter makes things look soft.

I also think that this case has pretty good chances, so disagree with the rest of the posts here.

Originally Posted by Lula

I think that the salient point here is that there really isnt a case.

I - and obviously the OP, which is what counts - completely disagree.