Afrihost/OpenWeb ADSL class-action lawsuit

WeWantSpeed said:
Okay, now he is asking for it. I have RECENT experience with these 2 in particular. I HAVE NOT ONCE COMPARED THE SERVICE BETWEEN AH AND OW. DO YOU SPEAK ENGLISH? DO YOU UNDERSTAND THE WORDS THAT I AM TYPING?

I get that you don't like me taking on AH. Get over it! You made your point, now move on. If others agree with you then your precious AH will not be in danger.

I have sufficient experience in this field and am personally losing over R10k per year on undelivered services, not including lost business. Even with Legal fees, I will net gain income from a successful lawsuit by just getting what I pay for.
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Actually, no.... I think you are full of hot air and a year from now, there will not only have been no lawsuit... but you will be nowhere to be found.
Let's meet again in 365 days and see your amazing legal progress! ;)
 
Garyvdh said:
Actually, no.... I think you are full of hot air and a year from now, there will not only have been no lawsuit... but you will be nowhere to be found.
Let's meet again in 365 days and see your amazing legal progress! ;)
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Fair enough. I grant you that this is the case of most people, but I am no stranger to the legal system and successfully suing corporations larger than these. With this case allot more support is needed to make it successful and by needlessly derailing this thread you have potentially cost me(and consequently many honest internet consumers that would gain from a successful lawsuit) precious support. Do you feel good about yourself now? You rather support corrupt business at the expense of honest consumers?
 
WeWantSpeed said:
Fair enough. I grant you that this is the case of most people, but I am no stranger to the legal system and successfully suing corporations larger than these. With this case allot more support is needed to make it successful and by needlessly derailing this thread you have potentially cost me(and consequently many honest internet consumers that would gain from a successful lawsuit) precious support. Do you feel good about yourself now? You rather support corrupt business at the expense of honest consumers?
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I don't support either of those businesses currently as my main provider. I canceled my accounts with them and moved to a better provider. Which is what we suggested you should do as well instead of wasting time with unwinnable and pointless lawsuits. I canceled OpenWeb about 9 months ago and I dropped Afrihost down to the minimum subs (to only use as a backup) about 3 months ago.
 
Garyvdh said:
I don't support either of those businesses currently as my main provider. I canceled my accounts with them and moved to a better provider. Which is what we suggested you should do as well instead of wasting time with unwinnable and pointless lawsuits. I canceled OpenWeb about 9 months ago and I dropped Afrihost down to the minimum subs (to only use as a backup) about 3 months ago.
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So you agree that AH is a poor ISP? Why are you fighting this then? Just because you are content with getting on your knees and letting the telecom industry have it's way with you, why make everyone roll over and play dead? You don't have to fight, but support those that will stand up and be counted. After all, you will happily partake in the rewards should this be successful.
 
You know with all the people moaning about Afrihost, I must be one of the lucky few who generally enjoyed my experience with them. Granted, there was issues and delays in attaining new bandwidth (IPC) but my overall experience was a good one. I felt that their support was always of a generally high standard and that was due to their presence on this very forum. Afriman really helps and seems like a good fella.

I left simply due to economic circumstances and together with CrystalWeb, they would be my joint first options when I seek a new service provider.
 
WeWantSpeed said:
So you agree that AH is a poor ISP? Why are you fighting this then? Just because you are content with getting on your knees and letting the telecom industry have it's way with you, why make everyone roll over and play dead? You don't have to fight, but support those that will stand up and be counted. After all, you will happily partake in the rewards should this be successful.
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Nope, I don't agree that they are a poor ISP. They have won ISP of the year from some time now... and there is a reason for that.
They were voted for by the users of MyBB, so they must be doing something right.
The reason that I and many other people left them is because they don't seem to be able to sort out their IPC capacity problems.
That is due to phenomenal growth and Telkom not acting fast enough to provide them with more capacity.
But in all other respects they are a very good ISP.... and still hugely popular.
I wouldn't be surprised if they win ISP of the year again just based on sheer numbers.
And there may be a day again when I go back to them.

All I am saying in this thread is that you are wasting your time and money by taking legal action with not much hope of winning.
1) Your experiences with them are subjective and a mattter of opinion, others have widely differing experience.
2) You appear to be using a consumer ISP for business purposes (I am assuming here). You should rather be using business accounts for business purposes.
3) You have a choice to use another ISP if you are unhappy with this one. The court is not going to be impressed that you continued using their service for so long if you were unhappy with it.
4) If you have the money for legal action, then you must have the money to buy a better business product. So why didn't you.

I don't think you would have a legal leg to stand on... That is all. The only person who was bending over here and letting the ISP have it's way with you... was you. You should have switched much sooner. Like we did.
 
Garyvdh said:
Nope, I don't agree that they are a poor ISP. They have won ISP of the year from some time now... and there is a reason for that.
They were voted for by the users of MyBB, so they must be doing something right.
The reason that I and many other people left them is because they don't seem to be able to sort out their IPC capacity problems.
That is due to phenomenal growth and Telkom not acting fast enough to provide them with more capacity.
But in all other respects they are a very good ISP.... and still hugely popular.
I wouldn't be surprised if they win ISP of the year again just based on sheer numbers.
And there may be a day again when I go back to them.

All I am saying in this thread is that you are wasting your time and money by taking legal action with not much hope of winning.
1) Your experiences with them are subjective and a mattter of opinion, others have widely differing experience.
2) You appear to be using a consumer ISP for business purposes (I am assuming here). You should rather be using business accounts for business purposes.
3) You have a choice to use another ISP if you are unhappy with this one. The court is not going to be impressed that you continued using their service for so long if you were unhappy with it.
4) If you have the money for legal action, then you must have the money to buy a better business product. So why didn't you.

I don't think you would have a legal leg to stand on... That is all. The only person who was bending over here and letting the ISP have it's way with you... was you. You should have switched much sooner. Like we did.
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I get that you have no life, but please just leave me the F*&# alone and go annoy other people. The assumptions you make are incorrect and unfounded, never mind retarded. You put forth your own subjective opinion as fact even when there have been people commenting on this very thread that AH is a bad provider. If you still are not convinced then go look at hellopeter. Just for goodness sake leave me alone. Why do you care about any of this after all? With over 81000 posts you either have nothing better to do or are being paid to try and put a spanner in the works.
 
So you make a thread on the Internet, then get upset when people comment in it?
I don't think you understand how this actually works, do you?
 
OP, before joining your crusade, please provide some factual information on your experience with the two service providers as well as the legal basis for your proposed class actions, taking into account the terms and conditions of the contracts that you signed with them.

Exactly how did the ISPs renege on the contracts?

What evidence do you have that will stand up to inspection in a court of law?
 
WeWantSpeed said:
I get that you have no life, but please just leave me the F*&# alone and go annoy other people. The assumptions you make are incorrect and unfounded, never mind retarded. You put forth your own subjective opinion as fact even when there have been people commenting on this very thread that AH is a bad provider. If you still are not convinced then go look at hellopeter. Just for goodness sake leave me alone. Why do you care about any of this after all? With over 81000 posts you either have nothing better to do or are being paid to try and put a spanner in the works.
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If you are looking for fellow sufferers to come on board then this type of attitude will not help your cause.
 
MickeyD said:
If you are looking for fellow sufferers to come on board then this type of attitude will not help your cause.
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What attitude Mickey? I have a vested interest in this thread, unless he is being paid to comment, he does not.
 
ErEkTiLe_DySfUnKsHuN said:
OP, before joining your crusade, please provide some factual information on your experience with the two service providers as well as the legal basis for your proposed class actions, taking into account the terms and conditions of the contracts that you signed with them.

Exactly how did the ISPs renege on the contracts?

What evidence do you have that will stand up to inspection in a court of law?
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I have allot of evidence, most powerful of which is the email correspondence showing blatant lies and at best misleading information. I also have documented speed tests of my account.

The point of a class action lawsuit as apposed to going at it alone is that the sheer mountain of combined evidence proves malintent and fraud. It proves that it's not an isolated case of a bad line, or a disagreement between 2 individuals.
 
WeWantSpeed said:
I have a vested interest in this thread, unless he is being paid to comment, he does not.
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Really?. I don't think you know the difference between an interest and a vested interest.

Then there's the not irrelevant point that Class Actions are a foreign notion in SA law. Only in 2013 did a High Court decision set out the basic framework for Class Actions, and these are largely untested and untried.

Good luck.

PS. "Allot" means something very different from the way you use it.
 
I agree with you mickey, but he clearly has an agenda. He clearly has a vested interest in not seeing this progress further. He doesn't have to agree with AH being bad, just that he has had a bad experience with OW should be enough for him to join the cause but he chooses to fight it.
 
WeWantSpeed said:
I have allot of evidence, most powerful of which is the email correspondence showing blatant lies and at best misleading information. I also have documented speed tests of my account.

The point of a class action lawsuit as apposed to going at it alone is that the sheer mountain of combined evidence proves malintent and fraud. It proves that it's not an isolated case of a bad line, or a disagreement between 2 individuals.
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You'll need to brush up a bit on the law.

It's not proved until a court so finds. Until then it is merely alleged. The form commonly used is "I/we aver that...", etc.
 
Arthur said:
Really?. I don't think you know the difference between an interest and a vested interest.

Then there's the not irrelevant point that Class Actions are a foreign notion in SA law. Only in 2013 did a High Court decision set out the basic framework for Class Actions, and these are largely untested and untried.

Good luck.
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Vested interest: a personal reason for involvement in an undertaking or situation, especially an expectation of financial or other gain.

What do you think it is that I don't understand? I said that unless he is being PAID, then he has no vested interest.

The global framework for class action sets president for SA courts. It's actually written in the law.
 
WeWantSpeed said:
Vested interest: a personal reason for involvement in an undertaking or situation, especially an expectation of financial or other gain.

What do you think it is that I understand? I said that unless he is being PAID, then he has no vested interest.

The global framework for class action sets president for SA courts. It's actually written in the law.
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Written in which law?

Perhaps you mean precedent? President is something else.
 
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