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Old 25-06-2004, 22:36   #26
arcamalpha2004
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Re: NTL just cant let go, if this carries on NTL is up **** with no paddle

Quote:
Originally Posted by Mark B
I have got to say I am amused by all the 'lawyers' in this thread telling us all who they are going to sue, and why and how, and how they are going to win. It's clear from the posts that nobody in here has the slightest inclination how the small claims court works. You don't just walk in there, mumble something about ntl and credit ratings, and walk out with a wad of cash.

First of all, if you've EVER paid a bill late, be it with ntl or a host of other companies, that is recorded on your file. It doesn't matter how legitimate a claim you think you have, that's how it happens. There is no entitlement in law to withold payment even if something is in dispute, though most firms will allow this. Again, you can't walk into a court and claim you withheld payment because of a dispute, you will be advised beforehand that the correct procedure is to pay it 'without prejudice' and sort the dispute afterwards. I realise that's not how most people would want it, but that's the way it works.

There are loads of formal stages to go through in the complaints escalation procedure, including the likes of OFCOM and others, before such a matter would be even considered by a court. having one or two mistakes made by a company is not grounds to dash of to court and sue....and I'd love to see the deep pockets of anyone who DOES think it works like that!

I would very much doubt a small claims court case has to go as far as OFCOM mark, if a person feels they have been short changed, there is redress through the small claims court for a small fee on behalf of the claimant, but that is paid back plus compensation if the person wins their case.
So long as the person can prove that they have tried to sort the problem with the company direct first, a case will usually be heard, and it is only a district judge who presides over it.
Last I heard, a person could claim upto £5000.0 0 , may be more now, you would have to look into it.
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