Originally Posted by vijay555
sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.
However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.
To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk
should help out with the claim itself.
Hi vijay glad we agree that he has little legal bases in claiming for the service element). However if he adds up days lost and works out value of tarriff paidthat was wasted he can add this to the claim since this claim would not be determined on legal merit but settled out of financial convenience.
You are quite right he should send notice of intention to commence proceedings. However many people find this an incredible hardship! If so then in this instance when the claim amount is low and given orange will not defend it and will not pay on the basis of a personal notice then you can skip the formality of notice especially given the matter will not get to trial so the minor procedural defect will not be of consequence.
Lets hope our friend with the grievance actually commences proceedings although I have to say, without smiting him, that most people don't even when they have been fortunate to get professional advice from someone like yourself.
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