Hi I have a hearing taking bt to county court on 5th August,there are lots of threads on here about people taking bt to court but not the outcomes,I understand bt offer goodwill gesture in exchange for non disclosure on social media the press and other formats as they have offered it to me so if you have taken the deal I can understand not posting follow up I don't want to get any one in trouble but has anyone taken bt to court and won and if so do you have any advice because this is my first time at court and there isn't much info about, thank you
If BT have made you a reasonable offer to settle you should consider accepting it, as you could win the case but be required to pay costs if the court thinks you've been unreasonable in rejecting the settlement. However assuming you are using the small claims procedure, costs should not be excessive if you want to make a point.
Thanks for all comments,the court fees were around £500 plus recorded delivery for letters 40 odd hours of phone calls and 13 months of my life wasted ,I will see it through as it's not about the money I would rather bt did there jobs and I had all that time back,if I win but get no money im not bothered as I wish to make a test case to force bt to put protection for there customers as they refuse to do it themselves,bt made a good offer of goodwill but will not give compensation or a letter of apology or what they will put in place to make sure what happened to me will not be repeated as they are frightened of publicly admitting what they did and don't want to give compensation or apology as it would open floodgates to everyone else,I think the time and expenses is why there is not much info as bt wear a lot of people down and people give up
I may be wrong but I don't think you can have a "test case" at a Small Claims court.
The whole idea of the Small Claims Court is to decide if the pursuer, in this case you, has a claim for money/payment from the defendant, in this case BT. It can also awards costs towards any expenses up to an upper limit for bringing or defending the claim but it doesn't always do that.
It is not about setting out procedures or policy that individuals/firms must follow.
It makes a precedent because bt always used the same excuses ,1.it is a supplier that is at fault.2.the computer failed.3.it's the first time this has happened and it's never happened before,,if I win at court it will show it has happened before and they refuse to fix there problems and have no intention of fixing them,also a big compensation payout at court will make them think should we risk more big payouts and reputation damage or should we fix the problem and put protection in place,that is what I meant by test case,bt refuse to protect there customers and use same tired excuses time after time a court win will put it in open for other people to use against bt in the future if they do it again
Goodwill is for inconvenience and this goodwill gesture comes with conditions I have to have a non disclosure on all media sources ever after,compensation is a public acknowledgement that we have done you serious harm and this is how we are going to make amends,when someone has done you wrong you can't say I'll give you a token payment and keep your mouth closed that's not good enough for me,if someone does you wrong is it to much to ask for a written apology,
Roughly how much is the total of your claim? Was the case allocated to the Fast Track? We you offered the opportunity to go to Mediation earlier on? Decisions in the Small Claims Court do not set precedents that higher Courts must follow.
Yes the judge gave five week's for court mediation which I wanted and bt refused,after dragging on for over a year I was worn down so I made bt an offer give me a written letter of apology with what you are apologising for and a letter of everything that went wrong with what measures you have implemented to stop it happening to other people and I would drop law suit,seek no damages or costs and they turned me down and said they would rather go to court which is why my court hearing is on the 5th of August,I told them once I paid the court the balance of £335 and they forced me to court that was the point of no return and I would pursue the matter all the way,
Bear in mind the smalls claims procedure can only award money, which will be peanuts to BT, you won't get an apology. You can publicise your win but you will be up against the BT PR machine, so you may want to contact consumer representatives to help you.