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Old 19-06-2011, 11:25   #64
Toto
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Join Date: Dec 2004
Posts: 3,403
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Re: Anyone actually been cut off/restricted because of the Detrimental Usage?

Quote:
Originally Posted by cook1984 View Post
Suing Virgin would be a lot harder than DL. DL's mistake was to drop the case when I challenged it, after causing me financial loss. Virgin have not cost me anything so far and the Small Claims Court can only be used to recover money owed or restore losses.

If I get one I will write back explaining their mistake. Have they ever actually cut anyone off? If they did I would sue for loss of income during the period where I had no internet connection. Actually that could be a long time because ADSL doesn't work on my BT line so I'm not sure what option there would be. Pay BT to put in a new line perhaps? FTTC isn't available here yet.

I am going to draft a complain to the ASA this evenings. They can't call it "unlimited" if they limit and eventually boot you off based on some arbitrary limit. If that fails might also write to the OCED and ask them to add "limited" as a synonym for "unlimited" since they apparently mean the same thing now. Kinda like flammable and inflammable.
Ah yes, but your claim about suing DL and winning was shot in the foot by the fact that the court you claimed to have filed a small claims in had never dealt with such a claim.

Honestly now, not all of us have short memories, and I would hate to see a thread like this descend into a ****ing contest that could give some people on here false hopes that they have a chance of resolving detrimental usage without actually adjusting their online behavior.

And by the way, you can't sue for loss of income - how can you, the residential service is for that alone, and claiming loss of income would only cement VM's claim of an abuse of its T&C's

You talk up a good argument there's no getting away from that, I'm not sure though how good your talking would be if you ever faced such a letter from VM.
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