Need Advice for Taking WBS to small claims court

w1z4rd

w1z4rd

Karmic Sangoma
Joined
Jan 17, 2005
Messages
52,146
Reaction score
8,340
Location
127.0.0.1
Hi there,

You know the saying, "a desperate man has nothing to loose..."

Well thats where I am today. I have list 2 clients, and massive amounts of income due to WBS`s incompency. They are not responding to my emails, so I have no other recourse to follow.

I am taking them to small claims court, for "loss of revenue" for failing to deliver on a service I am paying for.

I have kept records of everything that has happened to me this month. So I have a ton of ammo to use.

If anyone else would like to join me, feel welcome, we can share the cost sherrif to deliver the supeno.

I can also proove the loss of revenue was due to their incompency and failing to deliver a service I am paying for.

Any advice from you guys would be greatly appreatiated, and anyone who would like to join me, please post here.

I intend to supeno the CEO of the WBSMOBILE, as you guys know he has to appear in person. I also think that the more people who go with me to the courts at the same time, the better the case`s will look.

I am going to sue for between 5000-7000.

So any advice or people ganna join me?
 
Just get ADSL and stop wasting your 'precious' time. What kind of business are you running with IRC? Get a life man!
 
A while back my mom used the small claims court, she could only claim up to R3000.

also I read something in the YOU magazine about a couple who took there municipality to court and they could only claim up too R3000 each.

So R3000 it seams
 
Surly this service is not a business service? is it stated as so? i was under the impression it was just for home use?

More power to you but have your facts straight.
They will come back and argue its not for business? or is it ? lol i dont know
 
rebel: your comments are just fking annoying. Please read the thread about personal attacks. If you dont have anything constructive to say, back the heck off. Go play in another thread. I speak to business partners and clients on IRC, and SSH into their BSD servers.
 
evilsee said:
A while back my mom used the small claims court, she could only claim up to R3000.

also I read something in the YOU magazine about a couple who took there municipality to court and they could only claim up too R3000 each.

So R3000 it seams
Click to expand...
7000. promise. if your claim is above 7000 you can abandon part of it to bring it under 7k and still use the small claims court. it was previously 3000 and then 5000 and now....
 
wls said:
Surly this service is not a business service? is it stated as so? i was under the impression it was just for home use?

More power to you but have your facts straight.
They will come back and argue its not for business? or is it ? lol i dont know
Click to expand...

Their product is specifically aimed at SME type businesses who needs to be mobile and for people who needs an always on connection. This doesn't say that home users are the ones catered for, but they dont mind selling it to them.

Just like ADSL 1mb will be aimed at business users, but will be rolled out if home user demand grows etc.

If you cater for business, you automatically cover residential, which is nice because you can then have both customer demographics... however, if you only cater for home users, you can't breach the business market that well, and you'd want to do that because businesses have much more disposable income at hand than home users do....
 
Pan, I just think you'll be wasting your time. And time is money. If your account had been suspended, your case would be stronger. Your inability to use IRC/MSN etc would be fobbed off as a temporary technical glitch, or a configuration issue.

Fact is, if you rely on Internet access for your income, you need a back up system, even if its just a cheap dialup account, or GPRS.

I need financial news, but I don't think I'd get very far suing DSTV for loss of income if they dropped CNBC or SummitTV from their lineup.

But if you do go ahead, I wish you luck.
 
I'd check the contract before suing - there is almost certainly a clause exempting them from consequential damages. Their liability would normally be limited to the amount of your contract with them, unless the lawyers who drew up the contracts are as inefficient as their managers
 
Pan said:
rebel: your comments are just fking annoying. Please read the thread about personal attacks. If you dont have anything constructive to say, back the heck off. Go play in another thread. I speak to business partners and clients on IRC, and SSH into their BSD servers.
Click to expand...
I do apologise for my comments. Would you please also stop blaming us (power users) for your problems.

BTW, good luck, I really hope you teach WBS a lesson.
 
Pan,
Can you without a doubt say that your case is strong enough? Hey if everyone is so pissed off with iBurst then join hands and move along to another service provider; You'll be happy :confused: , we'll be happy :rolleyes: and you won't have to deal with iBurst & it's so-called "abusers" ever again...
 
nice thing about the small claims court is it doesn't cost apart from your time...so you would not really be putting yourself at risk

if you lose (and loss of profits claims are difficult) or it turns out to be a waste of time then at least you have taken some positive action
 
Pan said:
I have list 2 clients, and massive amounts of income due to WBS`s incompency. They are not responding to my emails
Click to expand...
Well you could of tried phoning instead of emails? If you don't want support desk, then why not Shaun Green, his cellphone number is on the forums somewhere. You could also try spelling lost with an O and calming down.
Anyway, if you haven't tried calling, logging the date/time of the call and who you spoke to and if your email isn't ECT then that isn't going to be a very strong argument.

Pan said:
I am taking them to small claims court, for "loss of revenue" for failing to deliver on a service I am paying for.
Click to expand...
Good luck to you...but from that statement alone it's easy to see you have no law expierence nor have you spoken to a lawyer about this. Step one when taking someone to court GO TO A LAWYER...don't yell on a public forum about it.

Pan said:
I have kept records of everything that has happened to me this month. So I have a ton of ammo to use.
Click to expand...
Depending on how you documented it might be worthless and thrown out before it starts

Pan said:
I intend to supeno the CEO of the WBSMOBILE
Click to expand...
Your contract is with WBS, not the CEO. You can't sue him unless he is specifically responsible and from what your ranting seems to indicate, he isn't.

Pan said:
rebel: your comments are just fking annoying. Please read the thread about personal attacks.
Click to expand...
Personally I did not see much in the way of a personal attack, except maybe the "get a life" bit. It's obvious that you are extremely angry right now, but anger and pissing on peoples batteries are not going to help you. You need to calm down, you need to start working with people on this forum (people on this forum could provide much needed assistance and proof if you let them), you need to understand that people are going to challendge your ideas, proven them wrong calmly...yelling at them proves nothing.

Gatecrasher said:
But if you do go ahead, I wish you luck.
Click to expand...
/me nods

Pan said:
oh **** off rebel, what are you? 12? I wish this forum had an "ignore option"
Click to expand...
There is an ignore option, and secondly why not take your own advice:
Pan said:
rebel: your comments are just fking annoying. Please read the thread about personal attacks.
Click to expand...

slimothy said:
please stop refering to me as "an abuser"
Click to expand...
Ok, slim you are a special user :D
 
ok, its offical, im out of this forum, there are more constructive forums around that dont try nail the **** out of people. LOOSERS
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X