[wellylug] depeer

[Bret Comstock Waldow]

I was commenting on the difference between saying "I don't like this" and 
"This is breach of contract".

I think it's a shame a government isn't prepared to enforce a clear breach of 
contract, though.  Separately from civil damages, breach of contract is 
against the law, isn't it?  That makes it a government issue.  Sigh.

I'm using Woosh, and don't know how (if at all) this affects me.  My service 
makes no distinction between national and international service.

I am on Telstra for phone, and still have the dial-up tacked on (minimum 
service) as Woosh doesn't provide that.  I don't remember if that gives me 
web space, which is a reason to keep it, even though I don't use it (yet).

Regards,
Bret

On Thu, 24 Feb 2005 18:55, jumbophut wrote:
> 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/')
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