Carphone Warehouse Head Office Address

[itsmeandonlyme]

Dear Joa, it looks good to me...

How are you doing? Have they aknowledged the claim?Are they prepared to defend?

 

Keep us posted....

[buzby]

Grewat news! Spend it wisely! D)

[itsamomentintime]

itsamomentintime: my particulars of claim

The defendant provides telecom services for

me. The defendant has suspended my account

and has arranged for a recorded message to

be played to all who called me. This

message announced to callers that the line

has been restricted to due to non payment.

I have a recording of this message. This

happened on 2 occasions and lasted few days

each time.The defendant has breached my

rights to privacy and his obligation to

keep my data confidential. This has caused

me a considerable distress and humiliation.

I have lost an opportunity of paid

freelance assignment as potential client

heard this message. I requested £200 as a

compensation for breach of Data Protection

Act, Administration of Justice Act 1970,

section 40 point 1 and for embarrassment

and anxiety caused. The defendant paid £70

and I am requesting that the defendant pays

me further £130.

 

Issued on 17.01.07. No response yet. Previous claim settled in full.

 

joa any news?

[Joa]

hello guys; sorry;forgot to switch on the email notification and got slightly lost with all the other threads. Talk Talk acknowledged on 26th of Jan. I am claiming £130 further compensation, but my bill so far has reached £148 with them. Do you think I should pay the £18 difference?

[buzby]

I wouldn;t pay anything until the action is concluded.

[Joa]

OK, I have received Talk Talks defence (in my breach of confidence claim):

 

2. It is denied that TalkTalk is indebted to Ms X as alleged or at all.

3. Further the grounds upon which Ms X details that she may be entitled to claim any of the

losses set out in the Particulars of Claim are denied.

4. In the alternative, insofar as Ms X may claim an entitlement to damages, no admissions are

made as to any matters of loss and damage and the causation thereof is denied

5. in the premises it is denied that Talk Talk is liable and/or indebted to Ms X as alleged or at all.

 

So, no real defence- only denials. Shall I point it out to court whilst filling the allocation questionnaire?

[rydeshill]

Interesting that they are prepared to contest a relatively small claim. I,m curious, are they going to send an agent or solicitor to a hearing, would i be correct in assumng that the court may not award full legal costs if goes down the small claims track. Tell me something please, how long did it take to get the defence ???? did they ask for the 28 days rather than the 14days ???.

[buzby]

Defences are cheap - and they probably won't turn up to defend, but if they make you think it IS going to be defended, YOU might not turn up either! It's all part of the game.

[rydeshill]

poker ? ;-)

[Joa]

rydeshill; 28 days

buzby; you have lost me

I would turn up anyway, but I cannot see how the judge is going to take such laughable defence seriously....

[stabiloboss]

We were attracted by the free broadband and international calls package back in March 2006, we subscribed and were given an activation date of May 10th due to high demand. At that time our ISP and phone provider was One Tel, which TalkTalk's owned. Our package with one tel included phone and broadband for £30 per month and our new TalkTalk package would be £22 for both. Our phone line was transferred by the due date and we started paying for the package which was to include the broadband. Many many many phone calls and months later to both one tel, (who were still our ISP and billing us for broadband service) and to TalkTalk who were only providing us with (and charging us for) the phone package and we were stranded paying the same company twice for the phone and broadband. We were told we needed MAC's which we provided several times and then we were told they would get back to us after needing to look into it and so on. By September we had our onetel cancelled, which obviously left us with no internet access and this seemed to solve the problem, TalkTalk connected our internet and billed us the £40 installation fee. Suspecting it had something to do with the fact there was no point delaying any longer as they could not keep charging us twice for the same service from now on.

 

Fast forward to December, friends and family were calling our mobiles asking what was wrong with our landline. Between December and mid january, our line went from not receiving incoming calls (callers were told they had dialled the wrong number), to not being able to make outgoing calls (we were told we had dialled an incorrect number), to no service at all. We called hundreds of times (from our mobile phones), were either disconnected, told that there simply was no fault showing on their systems or that they did not know what the problem was and would get back to us. The mobile phone bills kept mounting until we were told another company had applied to take over our line. We had never made any such request to any company. So we went through the motions of trying to reinstate the account before the broadband was disconnected, which was oddly still working despite a completely dead tone on the line.

All of this was fruitless and despite continuing to pay our bills (which were billed on month in advance) we were told that they could help no further. On one occassion an operator pretty much told me I must be stupid as her system showed a fully operating account and finally got sick of me and transfered me to faults. Explaining the situation again to faults, they told us that BT owned the line and had just disconnected it as they sometimes decide to do!!! We contacted BT and they told us that was of course nonsense.

 

Battered and weak from the fiasco we just let it go and became BT customers in February and only came back online less than a week ago. But to really add insult to injury, we were sent a letter from a debt collection agency for non payment of £120 accrued over 4 months, which we had paid fully and on time with each month's charges. We've told the agency and they keep telling us that TalkTalk have instructed them to collect the 'overdue' amount despite it having been paid, and TalkTalk sending receipt of the individual payments totalling the amount in our monthly statements. But, we also received a letter stating they were sorry we had chosen an alternative provider, but we were still under contract and would have to pay the remainder of it!!!!!

So, in the end we paid for the services twice for 6 months, paid for the installation and Dec and Jan's charges for no telephone service plus Feb's for no service at all, but were told we had to pay the same charges again for 4 months use plus calls and the remainder of the contract!

 

A friend working for Carphone Warehouse recently told me that rumour in house is that; due to high demand for the free broadband offer and the fact they simply cannot satisfy demand that they simply cut off accounts that do not make much money (ie, in calls) and try to bill you for the remainder claiming the fault being an ISP takeover of your line!

 

IF I CAN SAVE ANYONE ELSE FROM THIS TRAUMA ********* STAY AWAY FROM TALKTALK!!!!!

[Joa]

OK, I have received Talk Talks defence (in my breach of confidence claim):

 

2. It is denied that TalkTalk is indebted to Ms X as alleged or at all.

3. Further the grounds upon which Ms X details that she may be entitled to claim any of the

losses set out in the Particulars of Claim are denied.

4. In the alternative, insofar as Ms X may claim an entitlement to damages, no admissions are

made as to any matters of loss and damage and the causation thereof is denied

5. in the premises it is denied that Talk Talk is liable and/or indebted to Ms X as alleged or at all.

 

So, no real defence- only denials. Shall I point it out to court whilst filling the allocation questionnaire?

 

 

Just a little update on my progress: sent of allocation questionnaire and respectfully invited the court to consider striking out the defence on the grounds that it does not comply with Part 16.5 of the Civil Procedure Rules. 16.5 (2) (a)&(b) :

 

16.5

 

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

 

Sent copies of this to TalkTalk and to their solicitors. Added a little sweet note: Are you sure you know what you are doing AT ALL?

 

Got a letter from the court yesterday telling me that my request went to the district judge for directions.

 

They are PANTS, aren't they..:?

[buzby]

That's OK - they're denial of everything makes it easier for the judge to look at it from your side and rule quickly!

[Joa]

That's it, the TT has cut me off. I have paid the balance between what I am claiming and the current bill. It worked for last two months but not anymore

[buzby]

Oh well - it took Sky 4 months to do that to me after the £4pm charges reached £20 and they pulled the plug!

[Joa]

I am reconnected- after paying only the difference between the actual bill and the sum demanded as a compensation.

Sadly District Judge did not strike TT's defence despite being just embarassing. The date for hearing has been set for 28th of June.

Oh well, come what may.

[buzby]

Hopefully it'll be even more embarassing for them come the day....

[rydeshill]

i,m waiting for a hearing, the judge has asked us to try and mediate??? Anyone heard of CW turning up for a hearing and has anyone ever heard of anyone losing ??? or winning come to that, what are the worst possibilities if I/we lose.

[buzby]

Worst case after losing? Not getting satisfaction or the problem resolved. You won't get hit with court costs, apart from the action you raised. It is common for judges/sheriffs to state that the parties should mediate, however that is easy for them to say- you're not going to waste £50 in costs if you could have avoided it.

[Joa]

OK, time to resurrect this old post. My hearing is due tomorrow. This is to do with TalkTalk kindly "sharing" with my callers that I haven't paid my bill. The judge allowed me to play intercepts (thanks buzby )

I wonder if the plonkers will turn up tomorrow.

Wish me luck!

[buzby]

That's good to know - I'd actually thought they'd settled! My money is on a no show. Because of this (and they must have intimated they would attend) remember to ask the judge for additional expenses due to their non-appearance (he can only say no!).

[Joa]

Is there an actual mechanism/order to do that? Would that be a famous "wasted costs order"?

[Joa]

Right....remembering that the hearing is tomorrow at 11am and that the matter has been ongoing since mid January...I have received a call today, at 4.30.....offering a full settlement plus court costs

I have no words to describe their actions....at least no words suitable for public forum.

All the hassle, preparations, day off from work.

And when the settlement is credited safely into my account, I'll tell you another funny story...

[rydeshill]

er I,ve had the same this week, consider the merits of adjourning the case until you actually have the money. Bear in mind a phone call is only that and no more.

[Joa]

rydeshill, wise words indeed. Thanks for that.

I have also received this email:

Dear Joanna X,

Regarding your claim, I can confirm we are offering to settle for the full amount of £330.00 including the court fee.

Please confirm by responding to my email.

Regards,

 

Kay X

 

Do I have a stronger case?