Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
    • Post in Some advice on buying a used car
    • People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
    • Pizza delivery insurance.mp4


       

       

       

      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies
  • Recommended Topics

BT / Supply of goods and services.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3498 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I signed up for BT's TV and broadband package

however when it arrived nothing worked.

 

The tv did not work at all and the broadband was intermittent.

 

I attempted to have both fixed

 

after several hours on the phone to their contact centre I was told I would need to install a new aerial

to the outside of my home at my own expense.

 

I was quoted £250 by a company sent by BT.

 

I decided to cancel after 6 days

 

BT informed me I would need to pay £477 as held to term charges.

 

I was outraged and they continue to bill me for this.

 

I never received a service at all.

 

Can anyone tell me if I have a case under the above legislation?

Link to post
Share on other sites

Hi Boyle77

 

Here is a Distance Selling Guide for Businesses, that is applicable in your case:-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

 

Unfortunately BT pretty much do what they like, until you catch them out,

they have a ridiculous number of departments. The company is a shambles.

Link to post
Share on other sites

Thanks for the links. I have taken the complaint to the Ombusman and quoted the DSR however they have said that because my account was activated the day I signed up I missed the 7 day turnaround. I received the package on 12th February and call them the following day to complain. I then cancelled the contract 6 days after I received the package......pretty confusing.

Link to post
Share on other sites

You would have known that it was freeview and that means the quality of reception is up to you and not BT.

You can certainly get an aerial fitted for a lot lot less than that.

I fitted one in my loft and no problem, cost me £34.

 

 

Is the broadband adsl or infinity ?

Link to post
Share on other sites

Having just moved into a new home I was not aware that I would need a new aerial to receive freeview. When I bought the package on their website there was no reference to the fact I might need an aerial.

Link to post
Share on other sites

Hi Boyle77

 

So you called BT the day after activation to complain about the quality of services. You could send BT a SAR request, they will send you all the data on your account. All the phone logs and notes made by customer services on your account.

 

BT have 40 days to respond, it costs £10. Send the SAR Recorded Delivery. By the time the Ombudsman service contact you, you will have further information for them. I think you've got a good case. The Ombudsman service isn't great, you just need to be pro-active.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

 

Thanks for the links. I have taken the complaint to the Ombusman and quoted the DSR however they have said that because my account was activated the day I signed up I missed the 7 day turnaround. I received the package on 12th February and call them the following day to complain. I then cancelled the contract 6 days after I received the package......pretty confusing.
Link to post
Share on other sites

Rebel11,

 

 

Thanks I will look into this. The ombudsman have made their decision and I have to pay £477 for a service that wasn't provided and one I had less than a week! Apparently because BT enter you into the contract as soon as you agree the order I have missed the DSR. Not impressed with the Ombudsman. The SAR and supply of goods and services is the line I will take.

Link to post
Share on other sites

Hi Boyle77

 

Unfortunately the Ombudsman and decisions is a lottery, you really need to pinpoint them to the key points in your case.

 

The Ombudsman goes by the traders T & C's, just because there are T & C's doesn't make them fair.

 

Rebel11,

 

 

Thanks I will look into this. The ombudsman have made their decision and I have to pay £477 for a service that wasn't provided and one I had less than a week! Apparently because BT enter you into the contract as soon as you agree the order I have missed the DSR. Not impressed with the Ombudsman. The SAR and supply of goods and services is the line I will take.

Link to post
Share on other sites

Im not going down without a fight, their T&C's can go jump.........

 

 

As you say they think they can do what they want. I think ive a decent case under Supply of Goods etc...

Link to post
Share on other sites

Keep trying and good luck. We just changed to BT and frankly the freeview tv is crap, not half the channels we were used to.

I can't wait for the contract to end and get back to Virgin.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...