Bob Eager wrote:
> On Tue, 8 Jan 2008 16:15:16 UTC, Vaso <(E-Mail Removed)> wrote:
>
> If the situation is as I described, then BT are within their rights to
> charge you both sums.
>
> I guess you *might* try claiming the reconnection fee back from
> Orange, although it might be a hard figfht. The 70 pound cancellation
> fee is more problematical since you'd have paid that anyway if you'd
> stayed with Orange.
I think there may be a claim of £140 from Orange for failing to provide a
service; they accepted the contract then failed to provide service, so you
have a case to not be out of pocket due to them breaching their contract.
It depends on the exact nature of the cancellation of the BB service, but
that is where I would start.
The £70 cancellation charge is less likely to be refunded, for the reasons
Bob outlined earlier (though did that £70 come direct from BT in relation to
the swap from BT to Orange (therefore it is as Bob outlined), or was it
triggered by the cancellation of the Orange contract ?
Two main options;
The complaints procedure outlined at OfCom:
http://www.ofcom.org.uk/complain/
Essentially, one would start the complaint at Orange, they will probably
refuse to help (or not answer), one then goes the the ADR stage, and finally
one might get judgement in ones favour.
The OfCom process is longwinded, will take at least 3 or 4 months to
resolve. Until resolved, you will be paying the £70+£140.
Raise a small claims court case against Orange for the £140 and £70 for
breach of contract; you may win it. Start by sending a recorded delivery
letter to Orange demanding the money to cover your losses due to them
failing to meet their contract, and in the letter, make clear they have two
weeks to settle. Then issue small claims forms.
regards,
- Nigel
--
Nigel Cliffe,
Webmaster at
http://www.2mm.org.uk/