Quote:
Originally Posted by oblonsky
Did I miss something here, but how did the complainant poster, Thunderballs, get back on the net to do all this posting if his service has been disconnected for 2 weeks?
I admit it's very harsh to receive a warning letter based on one email, but the pieces don't all seem to fit into place to me.
Lets assume you didn't leave the voicemail, which in itself and in the absence of an apology I would deny you service...
Then I would speak to a solicitor about breach of contract and get them to press Virgin Media for compensation for the lost time and hassle of finding another service provider, based on the evidence of one email.
Why? Well on the basis of a single email it would be tough to prove it actually came from your connection. I could cut and paste an offensive email and modify the IP address to get someone I don't like into trouble with their ISP.
But...
You are where you are now, from what I can tell, because of a combination of factors. Can you prove you didn't leave the offensive voicemail?
So in this situation isn't it best just to cut your losses and move on? From what I understand you had a chance to apologise and chose not to, so find another ISP.
But, as I opened with, you have some form of handy connection as you've been posting regularly on here...
|
Good post.
I am going to take them to court for precisely this if my complaint via ISPA isnt dealt wit hto my satisfaction.
I dont need to see a solicitor since it can be dealt with by the small claims court for very little outlay on my behalf.
I dont believe i will be required to prove i didnt leave an offensive voicemail - I think the onous will be on VM to prove that I did. Since I cant imagine they are going to fabricate one it isnt going to even come up in court.
If they did fabricate one, or someone else has left one using my phone etc, its relevance to the Contractual issues might come into play only insofar as VM using it to invoke their "right" to terminate immediately.
I would suspect they would try to invoke that right with regard to the original email unless there is no case to answer there because it is a non issue and has no legal bearing on my contractual status with them.
Ahh well.. time will tell.
Don't forget that have also made threats against me "If you then switch services to another provider and continue to abuse that service we will also arrange for those services to be suspended &/or disconnected"
I imagine i would raise this in court re the contractual issue but it might also be something I choose to take up in a separate action for harassment/tortuous interference.
In all of this i really get no sense that this has been looked at by anyone with a significant legal background and it is very hard to ascertain the levels of seniority you are dealing with since VM do not put job titles on their letters and their staff are reluctant/don't give them out.
On the one hand I find it hard to believe anyone of reasonable authority could have made the elementary error of sending me a letter in response to a formal complaint via the ISPA that a) doesn't appear to comply with the ISPA complaints procedure itself and b) on one level does not indicate a serious effort on VMs part to deal with my complaint since it is dated the same day I made the complaint on the ISPA website and that date is a Saturday.
The case if it gets to court may be interesting since VMs T&Cs prohibit using their services for anything that could be deemed "offensive" etc. I imagine they will have to defend these terms if the yare going to try and rely in them and that may not hold much sway with the judge in light of the range of potentially "offensive" material they broadcast into millions of homes.