[wellylug] depeer

[jumbophut]

On Thu, 24 Feb 2005 18:29:03 +1300, Bret Comstock Waldow wrote:
>
> Complaints because a company doesn't do what I want are one thing.  Complaints
> because a company has breached a contract are something else.  "National
> traffic" is National traffic to reasonable persons, such as a jury.  Monetary
> damages are real in the eyes of the law.  "10 days notice" is 10 actual days
> of notice.
> 
> Regards,
> Bret
> 

The cheapest and most effective remedy, and probably the least
stressful, is to take your business elsewhere, and to tell your
friends to do the same.  Use Citylink if you are in the CBD, or one of
the smaller ISPs if you are not, and you will at least deny the big-2
some revenue.  Vent your anger by writing a letter to tell TC why you
left.  If you aren't willing to deny them your business, then you
accept the decision.

You make the legal action sound so easy, but it isn't.  

I agree with you that what TelstraClear has done seems unfair
(probably _is_ unfair and might be illegal), but you will need to
convince a judge (or arbitrator if it is in the small claims court)
that TC has broken the law, and that's no small task.  It is
excessively unlikely the case will be heard by a jury -- very few
civil cases are -- and judges are not known for being swayed by the
emotive aspects of a case.

Even if you win, the damages are likely to be in proportion to the
harm caused to you, which will probably mean something like
temporarily reducing your traffic charges for the 10 days between now
and when the notice period expires.  A pittance.

Of course, you never know the result until you get the case heard, but
if it goes beyond small claims, prepare for a world of pain,
regardless of the result (even if you go to the small claims tribunal,
TC could appeal any decision in the main court system).

The legal system can be very irksome in this way -- the better
resourced party gets away with breaking the law because it is not cost
effective, or is highly risky, for a pleb to bring them to court.

I say one more time:
The cheapest and most effective remedy, and probably the least
stressful, is to take your business elsewhere, and to tell your
friends to do the same.

[IANAL]

-- 
Tony (echo 'spend!,pocket awide' | sed 'y/acdeikospntw!, /l at omcgtjuba.phi/')