no

If Plusnet were to defend it they may or may not win, as long as Plusnet dont respond in 14 days, every person raising a county court summons would win by default

If Plusnet responded and defended, and then still lost,

This is why they probably wanted Simon to drop his sig


edited as i was wrong

Edited by soundsystem (Fri 18-Aug-06 20:14:25)

Nope.

Not really.

The reason being that the case hasn't been heard or judgement based on evidence yet, it was passed in default.

Secondly, even if it was won based on a hearing and consideration of facts it doesn't set a precedent, a county court doesn't set precedence. However a copy of an earlier judgement with the same facts will provide even more weight. Lastly there is no need to have previous cases of this sort to give weight as people have a genuine and legitimate case for a refund where they haven't been upgraded ahead of others or at all and because they received no benefit during the period that they were paying extra, unless they wanted extra bandwidth, knew about it and used it. The fact that the new product is sold at a lower price makes the case watertight.

Seek legal help if needed but you should be fine just filing a claim in court.

I wonder what would happen if a few thousand people all tried to put a claim in at the same time - the backlog would almost certainly mean they couldn't answer them all within 14 days...

what is strange they didnt have time to respond to one

It's probably in a lengthy queue, just like the phone calls and tickets...

well it would probably be cheaper to payfor extra staff then defend each and every one that may or not be raised.

Well I thought the same and was expecting this to be disputed.

But 14 days passed with nothing.

Well done. How many months of overpayment did you claim for?

Fwiw, my experience of the Small Claims Court suggests that the court won't necessarily hold PlusNet to their stated deadline for receipt of a defence... so if they submit a defence in the next few days it may be allowed.

You won't have actually won until you receive an official court judgment in your favour.

Please let us know how things develop.

Simon

I requested a refund of the difference between Feb 05 - Jul 06 and the final months fee.

Judgement was issued on 17/08/06, so now I just have to wait for PlusNet.