Court: could I win?

Scan Man

Recently I became involved in a dispute with Eircom over sign up to a phone and broadband package which I signed up for with one of their travelling salesmen but quit within the cool off period.

To make the long story short:

1. I called them twice inside the cooling off period and was assured that the thing wouldn't go ahead, the first one I was only asked the form number, so the agent put a marker on the system to cancel it. I then called again on Monday and was told by another agent they'd no cancellation, and she wanted my Universal Account Number to help cancel it, so I put her on hold and got it from my other provider, gave it to her and she said it'd be done.

2. At the end of the cooling off period I get a text welcoming me to eircom, and telling me my order was processed. I called them up fuming about it, and the next agent claimed they'd not received cancellation instructions and she couldn't do anything to cancel it now. I hung up, called my current provider and requested they block the moving of my internet which they did, but needed the UAV, so I called eircom who would only post it in seven days time.

3. Got the UAV and secured my current internet, but the telephone billing had already moved to Eircom so I stopped using it. I then rang Comreg to make a complaint, and was informed that while there was nothing they could do, and they don't take individual Eircom complaints, so they just add you to a list (which must be as long as the M50!).

4. If I'd only been billed for line rental, I'd have paid the bill when it arrived. However, the bill was for 150 (no call or internet charges whatsoever) but a line rental AND a large charge for terminating the contract (which I contest I never signed up to as records exist of my cancellation within the 7 day cooling period)

5. Letter arrives from their Collections Dept looking for payment and threatening Court action including their expenses and costs.

So I'm going to let it go to Court if they want to take it. I've written to them twice since the ordeal started explaining the situation but have received no reply from them apart from the collections letter.

I have some evidence, but a lot of it depends on their call recordings which I know they'll never released, as they even tried to deny during the course of the earliest phone calls that the calls are recorded, but having worked in a call centre in the past, I know they are.

I know it's long winded post, and this forum gets bombarded with people requesting advice, but please give me your advice and let me know these two things also:

1. Are these cases heard in the local District Court during regular hearings?
2. Should I get a Solicitor to help fight the case?

Tom Young

No sorry.

We don't do advice here. We have a charter, refer to it.

Do as you suggest in number 2.