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So according to this webpage https://www.daslaw.co.uk/blog/mobile...tract-disputes , "reasonable access to the phone network" is to be considered a right under a mobile phone contract.
I am curious whether the 'damages' part of the consumer right act, as it relates to digital content (see below) is applicable to my complaint against O2?
From the Consumer Rights Act:
"Consumer’s rights to enforce terms about digital content
(1) In this section and section 43 references to digital content conforming to a
contract are references to the digital content conforming to the terms described
in sections 34, 35 and 36.
(2) If the digital content does not conform to the contract, the consumer’s rights
(and the provisions about them and when they are available) are—
(a) the right to repair or replacement (see section 43);
(b) the right to a price reduction (see section 44).
(3) Section 16 also applies if an item including the digital content is supplied.
(4) If the trader is in breach of a term that section 37 requires to be treated as
included in the contract, the consumer has the right to recover from the trader
the amount of any costs incurred by the consumer as a result of the breach, up
to the amount of the price paid for the digital content or for any facility within
section 33(3) used by the consumer.
(5) If the trader is in breach of the term that section 41(1) (right to supply the
content) requires to be treated as included in the contract, the consumer has the
right to a refund (see section 45 for provisions about that right and when it is
available).
(6) This Chapter does not prevent the consumer seeking other remedies for a
breach of a term to which any of subsections (2), (4) or (5) applies, instead of or
in addition to a remedy referred to there (but not so as to recover twice for the
same loss).
(7) Those other remedies include any of the following that is open to the consumer
in the circumstances—
(a) claiming damages;
(b) seeking to recover money paid where the consideration for payment of
the money has failed;
(c) seeking specific performance;
(d) seeking an order for specific implement;
(e) relying on the breach against a claim by the trader for the price."
I was without access to my phone number for a week, due to known system issues, which meant I had to pay to use Skype to make calls, I could not access a train ticket on my app and missed it, so was unable to make a work appointment and lost earnings, and my bank could not contact me about blocking my card due to suspected fraud, which meant I was unable to access my funds and travel to another city to go to a concert there. Total I am out of pocket is approx. £400.
Am I able to claim these things as damages?
They sound like they are recoverable. There is another webpage which describes damages from a buying a physical product like a washing machine which leaks and destroys your kitchen floor as recoverable as per the damages provision in the consumer rights act. I believe the above is similar?
Just trying to make sure I have a case, and find out any other information which would support said case, if any of you learned professionals recall any off the top of your head.
I am curious whether the 'damages' part of the consumer right act, as it relates to digital content (see below) is applicable to my complaint against O2?
From the Consumer Rights Act:
"Consumer’s rights to enforce terms about digital content
(1) In this section and section 43 references to digital content conforming to a
contract are references to the digital content conforming to the terms described
in sections 34, 35 and 36.
(2) If the digital content does not conform to the contract, the consumer’s rights
(and the provisions about them and when they are available) are—
(a) the right to repair or replacement (see section 43);
(b) the right to a price reduction (see section 44).
(3) Section 16 also applies if an item including the digital content is supplied.
(4) If the trader is in breach of a term that section 37 requires to be treated as
included in the contract, the consumer has the right to recover from the trader
the amount of any costs incurred by the consumer as a result of the breach, up
to the amount of the price paid for the digital content or for any facility within
section 33(3) used by the consumer.
(5) If the trader is in breach of the term that section 41(1) (right to supply the
content) requires to be treated as included in the contract, the consumer has the
right to a refund (see section 45 for provisions about that right and when it is
available).
(6) This Chapter does not prevent the consumer seeking other remedies for a
breach of a term to which any of subsections (2), (4) or (5) applies, instead of or
in addition to a remedy referred to there (but not so as to recover twice for the
same loss).
(7) Those other remedies include any of the following that is open to the consumer
in the circumstances—
(a) claiming damages;
(b) seeking to recover money paid where the consideration for payment of
the money has failed;
(c) seeking specific performance;
(d) seeking an order for specific implement;
(e) relying on the breach against a claim by the trader for the price."
I was without access to my phone number for a week, due to known system issues, which meant I had to pay to use Skype to make calls, I could not access a train ticket on my app and missed it, so was unable to make a work appointment and lost earnings, and my bank could not contact me about blocking my card due to suspected fraud, which meant I was unable to access my funds and travel to another city to go to a concert there. Total I am out of pocket is approx. £400.
Am I able to claim these things as damages?
They sound like they are recoverable. There is another webpage which describes damages from a buying a physical product like a washing machine which leaks and destroys your kitchen floor as recoverable as per the damages provision in the consumer rights act. I believe the above is similar?
Just trying to make sure I have a case, and find out any other information which would support said case, if any of you learned professionals recall any off the top of your head.
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