As promised I will lay out today exactly what I claimed from Demon. The list is as follows:
£24.99 for the loss of one months service due to throttling.
£20.26 for the loss of use of my MMORPG subscriptions.
£193.56 for the increased cost of a new ISP to meet our needs over the next 12 months.
£30.00 Court fee
£268.81 in total.
The process to take out a summons is fairly straightforward and has lots of help screens to provide support. You can also go back and forth to change the details before committing. One word of caution though. The Small Claims Court used is in Northampton, so if you do have to attend court you need to take this into consideration. You can, of course, ask for costs if you win on the day.
I would recommend this course of action. It is very straightforward and there is a high degree of success, from what I have seen of most of the FUP's I've seen. Although you must remember that I am not a lawyer, I am always happy to accept correspondence.
I will be writing to OFCOM and the Advertising Standards to raise the profile of FUP's. I will, of course, put the correspondence up here.
Thursday 8 March 2007
Wednesday 7 March 2007
The Cheque's in the Post
This morning a cheque came through the post along with the following letter:
Dear Sirs
I refer to the above claim and enclose a cheque in the sum of £xxx in full and final settlement of all claims relative to this matter, without admission of liability by THUS Plc (erroneously referred to as Demon Internet Limited in the Claim Form) trading as Demon. Please confirm safe receipt of the enclosed cheque by return.
I also enclose a letter to Northampton County Court which I require you to sign and return to me as a matter of urgency. As you will note, the letter confirms that you have received payment in full and final settlement of all claims relative to this matter and that the claim (reference no. XXXXXXX) should be dismissed. Once I have received the signed letter it will be forwarded to Northampton County Court for action.
I look forward to hearing from you.
Yours sincerely
Muriel Finnigan
Legal Adviser
The covering letter says the following:
Dear Sirs,
I refer to the above and advise that my claim against THUS Plc (erroneously referred to as Demon Internet Limited in the claim form) trading as Demon reference no. XXXXXXX, should be dismissed with no expense due to or by either party.
The matter has been resolved by payment from Thus Plc trading as Demon of £xxx in full and final settlement of this claim.
As many of you realise, once the cheque has cleared, this brings to an end my legal battle against Demon's Fair Use Policy. As Demon have settled the total cost of my claim there is no case left for them to answer.
This more or less proves that Demon do not believe that their Fair Use Policy is supportable in a court of law. This was a great opportunity for them to prove under judicial examination, that the deliberate punishment of a group of its own customers for using the service they pay for to the full, is legally acceptable.
This now leaves the road open for others to pursue Demon through the Small Claims Court, to claim recompense for the losses that this arbitrary and unfair policy has inflicted upon them.
Tomorrow I will reveal the full amount that I claimed from Demon and explain how easy it is to take action via the Small Claims Court.
Dear Sirs
I refer to the above claim and enclose a cheque in the sum of £xxx in full and final settlement of all claims relative to this matter, without admission of liability by THUS Plc (erroneously referred to as Demon Internet Limited in the Claim Form) trading as Demon. Please confirm safe receipt of the enclosed cheque by return.
I also enclose a letter to Northampton County Court which I require you to sign and return to me as a matter of urgency. As you will note, the letter confirms that you have received payment in full and final settlement of all claims relative to this matter and that the claim (reference no. XXXXXXX) should be dismissed. Once I have received the signed letter it will be forwarded to Northampton County Court for action.
I look forward to hearing from you.
Yours sincerely
Muriel Finnigan
Legal Adviser
The covering letter says the following:
Dear Sirs,
I refer to the above and advise that my claim against THUS Plc (erroneously referred to as Demon Internet Limited in the claim form) trading as Demon reference no. XXXXXXX, should be dismissed with no expense due to or by either party.
The matter has been resolved by payment from Thus Plc trading as Demon of £xxx in full and final settlement of this claim.
As many of you realise, once the cheque has cleared, this brings to an end my legal battle against Demon's Fair Use Policy. As Demon have settled the total cost of my claim there is no case left for them to answer.
This more or less proves that Demon do not believe that their Fair Use Policy is supportable in a court of law. This was a great opportunity for them to prove under judicial examination, that the deliberate punishment of a group of its own customers for using the service they pay for to the full, is legally acceptable.
This now leaves the road open for others to pursue Demon through the Small Claims Court, to claim recompense for the losses that this arbitrary and unfair policy has inflicted upon them.
Tomorrow I will reveal the full amount that I claimed from Demon and explain how easy it is to take action via the Small Claims Court.
Monday 5 March 2007
Things become surreal
Yesterday I went onto the Small Claims website (http://www.moneyclaim.gov.uk) to check the progress of my case. I found that Demon have acknowledged the writ and have until the 28th of March to submit their decision how to proceed.
The reason why I went onto the website was because I had received a letter from Demon yesterday. I opened the envelope expecting to find a defence or a discussion document; instead I found a credit note for the full amount of my claim.
What this means is a source of considerable conjecture in my family - one school of thought is that they have settled and have not yet paid the funds, another is that it is only a credit note and I have to return to Demon to spend it (shudder). The second option was only mentioned in mirth by the way.
It will be interesting to see what happens next - watch this space.
The reason why I went onto the website was because I had received a letter from Demon yesterday. I opened the envelope expecting to find a defence or a discussion document; instead I found a credit note for the full amount of my claim.
What this means is a source of considerable conjecture in my family - one school of thought is that they have settled and have not yet paid the funds, another is that it is only a credit note and I have to return to Demon to spend it (shudder). The second option was only mentioned in mirth by the way.
It will be interesting to see what happens next - watch this space.
Friday 2 March 2007
Demon in Cloud Cuckoo Land
Things are getting funnier as time goes on. I received this letter from Demon this morning:
Date: 26/02/2007
Dear
I am writing to advise you that as from 26/02/2007 we have been informed that your Direct Debit under the reference below has been cancelled:
Demon Internet would be grateful if you could provide up to date details so that we may continue to collect your subscriptions. Please be advised that if a new payment method is not arranged within five working days we will consider suspending your account pending settlement and reserve the right to pass your account to a third party collection agency.
It is strongly advised, if your account holds Domain/Web services, you do not allow your account to be suspended. Due to the timing of DNS builds it can take 24-48 hours for your web services to be reactivated, during which your website and e-mail facilities will be unavailable.
If you have recently amended your Direct Debit details or have closed your account with Demon, then please ignore this letter.
If you wish to change the Bank Account that Demon Bill against, please use our secure web site to amend your payment details at:
www.demon.net/mypayment
Alternatively, if you wish to discuss this matter you may contact us using the details below.
Yours faithfully
Customer Services
Demon
Telephone 8am to 8pm, Monday to Saturday: 0845 272 2333
Email: enquiries@demon.net
Fax: 01702 214 651
After only two days ago receiving a letter saying how sorry they are that I had cancelled they are now threatening me with a collection agency to collect my payments. Priceless.
Oh well, if they try to collect I'll add it to my costs.
Date: 26/02/2007
Dear
I am writing to advise you that as from 26/02/2007 we have been informed that your Direct Debit under the reference below has been cancelled:
Demon Internet would be grateful if you could provide up to date details so that we may continue to collect your subscriptions. Please be advised that if a new payment method is not arranged within five working days we will consider suspending your account pending settlement and reserve the right to pass your account to a third party collection agency.
It is strongly advised, if your account holds Domain/Web services, you do not allow your account to be suspended. Due to the timing of DNS builds it can take 24-48 hours for your web services to be reactivated, during which your website and e-mail facilities will be unavailable.
If you have recently amended your Direct Debit details or have closed your account with Demon, then please ignore this letter.
If you wish to change the Bank Account that Demon Bill against, please use our secure web site to amend your payment details at:
www.demon.net/mypayment
Alternatively, if you wish to discuss this matter you may contact us using the details below.
Yours faithfully
Customer Services
Demon
Telephone 8am to 8pm, Monday to Saturday: 0845 272 2333
Email: enquiries@demon.net
Fax: 01702 214 651
After only two days ago receiving a letter saying how sorry they are that I had cancelled they are now threatening me with a collection agency to collect my payments. Priceless.
Oh well, if they try to collect I'll add it to my costs.
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