Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default o2 problem please help

    hi i am with o2icon since april after switching from tiscali which they are absolutly awfull to deal with. we took the package at 12.50 ( sorry i am not very technically minded). A month later we moved out we phone them in advance they told us no problem etc..... .

    when we moved out we discoverd that we didn't have an internet connection and we had to wait for 2 weeks fine annoying but hey ... anyway one month and a hald later still no connection to internet. o2 blaming Bt etc.... . anyway all this time we have been paying for a service which we didn't get.

    then after numerous complaint on the phone, they allow us to have internet broadband mid junes .... to my surprise today check my bill online and discover they have been charging me an extra ten pound since may. we had no notification etc.. their answer well it was say online yes but at the time i did not have any internet thanks to you ...

    the 10 pounds extra relate to the fact that o2 has had to ask bt to install a piece of conenction to allow us to have braodband . indeedd, apparently they did not have this piece of equipment ot allow us to receive broadband connection.

    since then O2 has contracted bt and so they are charging us 10 pounds extra for that ! i think it is a ripp off as we are contracted with o2 and not bt . when we complaint they told us then can do even though it is not mention into the contract and they can charge for whatever they want etc..... i refute saying that we signed a contract with you for 12.50 fpr a braodband connection with O2 .

    are they allow to charge us for their own problem and issue ? hwo can we complaint regarding that ?

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  2. #2
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    Default Re: o2 problem please help

    Sounds like your original broadband was an LLU (Local Loop Unbundled. they unplugged you from BT's broadband equipment and plugged you into theirs) which costs them significantly less than if they put you thrugh BT's equipment (as they would have to pay BT X amount) That cost is passed on to you.


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    Default Re: o2 problem please help

    As locutus has said, you've gone from o2icon equipment to BT equipment, i.e the exchange for your old address had o2's broadband kit in the exchange and the exchange for your new address is not o2 enabled hence you have to use BT's kit, and the additional charge made to o2 by BT is passed on to you.

    o2 would be correct in blaming BT for the delay in connection of broadband at your new address, as it is BT Openreach who has to do these connections and o2 have no control over how long BT Openreach take to do the job. However I would have expected o2 to have made a gesture of goodwillicon by creditiing back 1 months subs. You wil need to take this up with the broadband team in Glasgow.


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    Default Re: o2 problem please help

    ok thanks locutus i stil think it is unfair as they were no mention of cost passing onto me ...

    regarding the LLu i don't think the previous tenant had somerhing as o2icon ask us to ring bt in may to confirm if any tag were placed on the line bt told us no they are nothing whatsoever placed onto it and they couldn't understand why it was taking so long for O2 to reinstall braodband connection.

    i still feel like i was taken for a mughead lol


  5. #5
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    Default Re: o2 problem please help

    my last place had no o2icon equipment it was bt also who had the connection i think


  6. #6
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    Default Re: o2 problem please help

    For you to have been charged £12.50 prior to moving for your o2icon broadband, your local exchange would have had o2 equipment installed. The broadband side of your phone line would have been connected to this, whilst the phone would have remained connected to BT.

    It is only recently that o2 have been able to extend their broadband service to non LLU exchanges by them purchasing wholesale broadband from BT.

    Essentially what has happened is that you have been moved from o2 Home Broadband (£12.50 pm non o2 mobile customers) to o2 Home Broadband Access (£22.50 pm non o2 mobile customers).

    since then O2 has contracted bt and so they are charging us 10 pounds extra for that ! i think it is a ripp off as we are contracted with o2 and not bt . when we complaint they told us then can do even though it is not mention into the contract and they can charge for whatever they want etc..... i refute saying that we signed a contract with you for 12.50 fpr a braodband connection with O2 .
    You are correct in what you have said here in terms of the pricing, it is the broadband team who are incorrect.
    11 What happens if you move?


    11.1. If your new premises are in an area that’s covered by the Services, the Services can be moved to your new premises, provided you give us written notice, to be received by us at least seven (7) days before the expected moving date. There will be some downtime between disconnection from your old premises and reconnection at your new premises and you will not be refunded any Charges for that period of downtime unless you terminate your the Services pursuant to clause 7.6(b).
    11.2. We will only move the Services to another premises for free once in any 12-month period. Additional moves will incur a charge of £50 per move.
    11.3. If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the same price or the next lowest price.
    11.4. If we are unable to provide Services to your new premises, then the cancellation terms in clause 7 will apply.


    11.3 applies as you moved from an LLU exchange to a non LLU exchange, irrespective of the amount o2 have to pay BT, your monthly charge should have remained at £12.50 by o2 Broadband's T&C. This then gives you the option under section 7 of the T&C to cancel within contract term.

    7 What is the contract period and how does it end?

    7.4. After the Cooling Off Period, you may terminate your contract:
    (a) by sending us thirty (30) days’ notice in writing via the O2 Broadband customer service email address given on the Contact Us page of o2.co.uk/help/broadband or to the postal address: O2 Broadband Customer Service, Skypark 4, 8 Elliott Place, Glasgow, G3 8EP.
    You must pay all Charges incurred during the thirty (30) days. If termination is effective within the Minimum Term, you will also pay a £50 early cancellation charge; or 3
    (b) by paying an express cancellation fee of £15 and all Charges that would have been incurred during the usual thirty (30) day notice period. If termination is effective within the Minimum Term, you will also have to pay a £50 early cancellation charge. Service will be terminated usually within four (4) days after receipt of your express cancellation notice in writing; or
    (c) if we increase the Charges or change the Terms to your significant disadvantage, (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body), by giving us thirty (30) days’ written notice within thirty (30) days of us informing you of the changes.
    You must pay all Charges incurred during the thirty (30) days’ notice period. However, if termination is effective within the Minimum Term, you will not be charged a £50 early cancellation charge.


    o2 will try and argue that you are not able to cancel under 7.4(c) as the additional charge is due to BT, however 11.3 cannot be superceeded by 7.4 without this becoming an unfair contract term.


    You will need to contact the broadband customer services to raise this complaint and will need to do so in writing pointing out the T&C as detailed above. In your letter give o2 14 days to respond. Send the complaint by recorded delivery to:

    O2 Broadband Customer Service

    Skypark 4

    8 Elliott Place

    Glasgow

    G3 8EP





  7. #7
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    Default Re: o2 problem please help

    thank you install park this is what i was saying all along to o2icon customer services but it si harder than u think to make your point across to them.

    i can understand when there is some constraint or technical issuie but to move us without any notification whatsoever it is a bit rich to say the least ! if they had gave me the chance then i would have the opportunity to make an informed choice .

    thank you again . wil keep you posted


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    Default Re: o2 problem please help

    Quote Originally Posted by phat256 View Post
    thank you install park this is what i was saying all along to o2icon customer services but it si harder than u think to make your point across to them.
    And it's just as bad being on the other side of the fence, when you're trying to get another dept to deal with a call that does not come under retention's remit, so can imagine how difficult it is for their customers ;-)


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    Default Re: o2 problem please help

    hi i had sent a letter as suggested by install park and guess what they still haven't asnwered anything back

    they had the cheek to send me a bill for the wrong amount as i am up to date with them ... they are reallky like the same as other big company .... so i shall send a letter before actionicon or something to that effect


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    Default Re: o2 problem please help

    I would call and get a MAC code and move provider. They are going to keep charging you more, so you won't know when to draw the line and issue the proceedings.

    Once the move has gone through, then send them a final letter before legal action, stating your claims and that you intend to issue county courticon action for the month you never received the broadband due to whatever faults it were - you should not have been charged, plus the £10 per month extra that you were charged.

    Also state that as you didn't have the internet - which they knew - the e-mail couldn't have been received, therefore they should have sent you a letter and had you received notice you would have cancelled.

    Claim the amounts plus 8% interesticon per annum [pursuant to s69 of the County Courts Act 1984] and try to sneak in the cost of sending the letter before actionicon by special delivery [on the basis that you need to confirm they received it as they didn't respond to the first letter].

    If they try to claim cancellation charges, repeat that you didn't have the internet therefore couldn't receive their letter and therefore couldn't cancel within the time frame they gave you.

    Send the final letter before legal action to their registered office as opposed to their customer "services" office, as that is the address that you will need to write on the Claim Form and serve the Claim Form & Particulars of Claim on.

    If you have any other questions please don't hesitate to ask and I will do my best to help.

    Please keep us posted.

    Good Luck.


  11. #11
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    Default Re: o2 problem please help

    thnak you legal picker i already ask for my mac code last month i am still waiting to received it !

    when i told them about the fact i didn't have internet as such could not get access to the e-mail they told me yes they u can hacve acces go to an internet cafe to which i replied well then why i am paying o2icon to provide a non existen services and to go to aninternet cafe !

    i will do as you suggest and l i like you idea of chargin them a cost for my letter shoudl i charge them 25 pounds ( lol being cheeky here !)

    can you recommand a good internet provider ? i was previosuly with tiscali which were really bad customer services wise. but at least i did have an internet connection for the 4 years i was with them.


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    Default Re: o2 problem please help

    Quote Originally Posted by phat256 View Post
    thnak you legal picker i already ask for my mac code last month i am still waiting to received it !

    when i told them about the fact i didn't have internet as such could not get access to the e-mail they told me yes they u can hacve acces go to an internet cafe to which i replied well then why i am paying o2icon to provide a non existen services and to go to aninternet cafe !

    i will do as you suggest and l i like you idea of chargin them a cost for my letter shoudl i charge them 25 pounds ( lol being cheeky here !)

    can you recommand a good internet provider ? i was previosuly with tiscali which were really bad customer services wise. but at least i did have an internet connection for the 4 years i was with them.

    I was only recommending charging your special delivery [£4.60 minimum] expense on your letter. Not charging the cost of the letter, they'll deliberately try and get that thrown out, so don't try your luck that much. My experience is they normally include the special delivery cost plus interesticon on it in settlements and some judge's accept it and some say no, it's costs and you know the rule of costs in small claims - no no.

    But charging for your time on dealing with the letter would not be a smart move, not in court proceedings anyway. [Unless we're talking about costs issues which is a whole different story].

    I refuse to recommend internet service providers. I've been through so many and had troubles, I can't recommend any anymore. I'm currently with Nildram, who are incidentally owned by Tiscali [who I have previously sued and received £399.21 in full settlement] but have only been with them for less than 2 months and am not over the moon. They are better than Tiscali, but that doesn't take much!

    I was previously with Demon [Thus PLC] and on Tuesday I issued a claim against them. Before that UK Online [never even went live!], BE [owned by O2], Tiscali - sued and settled with all the above! NTL [now VM] - dispute eventually settled. Wanadoo - didn't even go live, eventually settled dispute. Can't remember any further back!

    So you see, my luck with broadband is terrible, so if I recommend a company, most likely you are going to have troubles with them ;-)

    My experience has been the smaller the company the better. My landlines are with 'The Phone Co-op' which has been relatively Ok, sorting out any small issues relatively quickly [and you will have small issues at least with whoever you use as they're either running off BT equipment or it is VM!] but I'm loathe to give them my broadband in case the bad luck ruins the good relationship for the landlines [I have 3 landlines!]!


    Good luck anyway and please keep us posted.


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    Default Re: o2 problem please help

    Try this link to see what is available to you... if you choose to swap using this link, CAGicon get some money for the referal.

    http://www.consumeractiongroup.co.uk...re-see-if.html

    Also trawl thrugh CAGicon and the net to research the company before you switch. Make sure you're not just trading one horror story for another.


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    Default Re: o2 problem please help

    tyhanks again iwil trawl through the net !

    regarding the 25 pounds charge, this was a joke on my part nothing else ! i am aware that if i claim that the judge will Have a laugh at me .

    regarding braodband i didn't have much luch myself each phone i had before i had some issue at some point or other regarding billing, technicalities etc.... i hope great hope for 02
    but obviosuly i may have expected a bit too much.

    thanks too locutus will have a really good look.


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    Default Re: o2 problem please help

    i just had a talk with one of their supervisor yesterday .. aparently they do not want me to give my MAC code as they want me to pay for a cancelation fee.. i told them i will not pay for it as you have breach your own term and condition and as such i have right o request my MAC code as you have still not respinded to my letter of complaint ...

    then the guy was saying i cna't find your letter and isay well it is funny becaue you have received it on at the beginning of the month then i gave him the recorded delivery number and suddenly he remembered that wrote a letter of complaint ohh a miracle ! lol so i have to wait for them to get back to me. but he saod as i am on a contract and i will have to pay a cancellation fee to which i replied then u are enforcing an unfair term of contract .


    do u know what should i do to get it ?


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    Default Re: o2 problem please help

    Quote Originally Posted by phat256 View Post
    i just had a talk with one of their supervisor yesterday .. aparently they do not want me to give my MAC code as they want me to pay for a cancelation fee.. i told them i will not pay for it as you have breach your own term and condition and as such i have right o request my MAC code as you have still not respinded to my letter of complaint ...

    then the guy was saying i cna't find your letter and isay well it is funny becaue you have received it on at the beginning of the month then i gave him the recorded delivery number and suddenly he remembered that wrote a letter of complaint ohh a miracle ! lol so i have to wait for them to get back to me. but he saod as i am on a contract and i will have to pay a cancellation fee to which i replied then u are enforcing an unfair term of contract .


    do u know what should i do to get it ?
    Keep calling without telling them the results of the previous call. Demand to go through to the complaints team.

    They are not allowed to refuse to give you a MAC code. If there is a cancellation charge then just say that you will deal with that when you have changed over, without saying that you will or won't pay it, just that you will "deal" with it, but only once you have moved provider.

    Tell them you're not stupid, you're going to have to deal with it in some way as otherwise it's going to damage your credit record, so rest assured you will "deal" with it.


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    Default Re: o2 problem please help

    I'd also say "OFCOM have told me that you cannot refuse to give me a MAC code" see if the name drop gets things moving any faster :P


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    Default

    thank you again i will do that i have another phoen call form o2icon this time they told me that they will refund me and put me back on 12.50/month bu ti do nedd to make a payment first of 22.50/month WTF ?!?!?

    but still no mention of my MAC code when i mentin the guy keep telling me we will sort you out don't leave we are a people company etc... so for th emoment i will wait their e-mail confirming they good will gesture .

    why they always have to play it silly ? i really wonder sometimes


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    Default Re: o2 problem please help

    anyay i have sent them a lbaicon 14 dasy agos and i still haven't had any answered from them not even a phone callicon or e-mail ....

    even they promise me to refund the money plus to charge me 10.50 month they still haven't action it and they had the cheek to charge once more for bill i have already paid since april./ so now i want to take them to court.

    i would be grateful if someone can word it for me please !


  20. #20
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    Default Re: o2 problem please help

    Quote Originally Posted by phat256 View Post
    anyay i have sent them a lbaicon 14 dasy agos and i still haven't had any answered from them not even a phone callicon or e-mail ....

    even they promise me to refund the money plus to charge me 10.50 month they still haven't action it and they had the cheek to charge once more for bill i have already paid since april./ so now i want to take them to court.

    i would be grateful if someone can word it for me please !
    Please repeat what happened again clearly, with the amounts - but not with any personal information - and I'll try my best. I'm unavailable on Tuesday and Wednesday so if anybody beats me to it, go ahead.



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