In article
<e0780561-173e-411a-bb8c-(E-Mail Removed)>,
iang <(E-Mail Removed)> wrote:
> On 27 Feb, 10:10, "kraftee" <Kraftee@b&e-cottee.me.uk> wrote:
> > iang wrote:
> > > I had a 'regrade' by Tiscali at the end of Jan and basically had no
> > > phone nor BB for over 3 weeks until I moved to BT and everything
> > > works fine now. However, Tiscali claim that all that time there was
> > > BB activity but for most of that period I had disconnected all my
> > > kit except one filter and one phone for testing purposes.
> >
> > > So it seems to me the line fault was probably at the exchange (as
> > > nothing changed a my end and BT connected me without problem) and it
> > > made remote monitoring look like a connection. This is basically a
> > > short across the wires is it not? I challenge Tiscali to show me the
> > > packet traffic during that period.
> >
> > > Is there anyway I can 'prove' this as I am refusing to pay for 4
> > > weeks BB service I did not get.
> >
> > > Thanks
> >
> > I'm afraid not from your end, other than the repeated calls you made
> > to Tiscali about non service. You did didn't you???
>
>
> No, there is zero activity on my call log and the repeated calls and
> email were all done from some other provider. I had no phone in or out
> and no BB either so I could not use VoIP, so I used up a packet on my
> Mobile and then went down to McDonalds with a wireless laptop and
> hooked up from there! (Just got fatter eating burgers all day ;-) )
>
You don't need to 'prove' anything as this would be a civil case and so
the judge would weigh 'balance of probabilities'.
So if you have evidence that you frequently contacted them to complain
about no BB and phone connection and if the ISP can't provide evidence
that you HAD a connection then the judge will ask himself who, on the
balance of probabilities, is likely to be correct? After all, why would
you be complaining so often about no connection if you actually had
one.
If the ISP claims your lack of connection was some problem in your home
wiring then you have the evidence that switching to BT immediately
fixed things though your wiring was the same. Again, the judge will
weight their assertion (with presumably no evidence) against your
assertion (with the evidence that switching to BT solved the problem.
Again, he will decide who, on the balance of probabilities, is likely
to be correct?
If you are concerned about the possibility of them calling in debt
collectors without then going to court then you should initiate court
action, claiming not only the cost of x weeks without service but also
any consequential losses (eg mobile phone costs) caused by their breach
of contract.
Kit
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