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9 posts

Wannabe Geek
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  # 1717390 8-Feb-2017 20:31
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 Today I entered a formal complaint with 2degrees and also sent a PM to the 2degreescare persona on this forum.

 

I am pleased to reveal that they have agreed to give me a suitable credit on a strictly one-off basis so I guess that's the end of it. I would prefer that they had also changed their policy on this as I still believe it is outside the requirements of the CGA, but, in the end, I got what I asked for.

 

rprosser


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  # 1717398 8-Feb-2017 21:01
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rprosser:

 

 Today I entered a formal complaint with 2degrees and also sent a PM to the 2degreescare persona on this forum.

 

I am pleased to reveal that they have agreed to give me a suitable credit on a strictly one-off basis so I guess that's the end of it. I would prefer that they had also changed their policy on this as I still believe it is outside the requirements of the CGA, but, in the end, I got what I asked for.

 

rprosser

 

 

What a lot of companies will do is have a generalised clause in their T & Cs along the lines of "To the maximum extent permissible in law, [the supplier] disclaims all liability etc etc". That's legally acceptable if morally dubious. 2Degrees' staff responses to the OP (both in e-mail and on here) were dangerously close to or crossed the line in terms of breaching the CGA, in my view. Even fewer companies are dumb enough to keep repeating a questionable line when already exposed to contrary arguments and opprobrium on a public forum. They could have saved itself a lot of humiliation if the rep would have simply asked the OP to PM.

 

 

 

 


 
 
 
 




9 posts

Wannabe Geek
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  # 1717431 8-Feb-2017 23:12
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And before I go back to lurking mode again, just a quick thank-you to all who added their comments and support.

 

rprosser


2193 posts

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  # 1717484 9-Feb-2017 08:26
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Congrats OP for getting a "settlement" and thanks dejadeadnz for the lawyer lesson


152 posts

Master Geek
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  # 1717553 9-Feb-2017 10:46
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if 2degrees didn't come to the party, the only course of action would've been to take them to the disputes tribunal and the fee to do so would be higher than any reparations that 2degrees would be ordered to pay.

 

not saying that 2degrees is in the right (they are definitely not), but you'd be stupid to take legal action over this.


756 posts

Ultimate Geek
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  # 1717570 9-Feb-2017 11:02
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Except if the disputes tribunal could then inturn hand out punitive damages against the commercial entity for failing to adhere to the terms of the CGA.

 

If the potential cost of not doing the right thing is significant, it would certainly give firms a greater incentive to not let things get that far to begin with.


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  # 1717574 9-Feb-2017 11:09
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sen8or:

 

Except if the disputes tribunal could then inturn hand out punitive damages against the commercial entity for failing to adhere to the terms of the CGA.

 

If the potential cost of not doing the right thing is significant, it would certainly give firms a greater incentive to not let things get that far to begin with.

 

 

Not really how that works. Best that this sort of anti consumer behaviour is addressed by the commerce commission who probably will not bother since they seem pretty reluctant to do anything much.





Richard rich.ms

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  # 1718113 10-Feb-2017 09:59
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richms:

 

sen8or:

 

Except if the disputes tribunal could then inturn hand out punitive damages against the commercial entity for failing to adhere to the terms of the CGA.

 

If the potential cost of not doing the right thing is significant, it would certainly give firms a greater incentive to not let things get that far to begin with.

 

 

Not really how that works. Best that this sort of anti consumer behaviour is addressed by the commerce commission who probably will not bother since they seem pretty reluctant to do anything much.

 

 

I somewhat disagree. Many years ago I had an issue with 2degrees and complained to the Commerce Commission and was contacted back quickly for further information as they were very interested in pursuing the issue despite the fact that it was not a large amount of money. It did not take long for 2degrees to respond in an appropriate way once they knew that ComCom were involved and I think it is important that Consumers don't hesitate to bring these issues to the ComCom's attention when appropriate. There have been a number of judgements against Telecommunication's companies. I now have a policy that after 3 or 4 phone calls I will escalate an issue externally if appropriate as one thing you are never normally compensated for is the time wasted dealing with people who sometimes don't (choose to) understand your legal rights and don't seem to have any empathy for the consumer.

 

The "best efforts" clauses in such contracts should only at best (for the provider) prevent consequential compensation, no organisation should be able to charge you for a service that has not been provided.


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