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.
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2 comments:
Good work! I have not received a FUP (yet) though my usage is pretty high. Should they limit me in future I'll be right back here for your instructions.
Good on you for seeing this through and sharing the info.
Well done you - it is good to see consumers fighting back.
I am especially angered by internet services being advertised as "Unlimited Downloads," only for "Fair Use Policy" to kick in. In my mind the service is either unlimited or it isn't.
Could I also ask that you visit www.consumeractiongroup.co.uk to air your views and success. This is a user forum dedicated solely to helping people fight back and reclaim what is rightfully theirs.
Once again, well done.
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