Sue telecom company

[Indianinoz]

Hello everyone,

Firstly, I placed order for a fixed phone with Telstra. However, Telstra noted that there is no lead in to my property i.e. there is a network shortfall. Then I placed an order with Aussie Broadbad which uses Telstra's fixed lines. I mentioned to them about this network shortfall in writing. However, they still said they can go ahead with my order if I paid $240 installation charges. I agreed.

But once the Telstra contractor visited, he obviously noticed that there is a network shortfall. Then Aussie Boradband tried to back out. I complained to the TIO. The then emailed me if I can wire it from my home to the boundary point, they can do the rest of the work. I hired somebody, paid $2,150 including labour and material and got the job done. But now they're backing out saying it is not their responsibility at all. I got a quote from the only Tesltra approved contractor Tandem and they sent a quote of $5,300 for additional work. Aussie Broadband is saying they won't pay this as it is not their liability. This, after 6 months of harassment with false commitments and no result. Telecommunication Ombudsman(TIO) says they can't punish or pine Aussie Broadband but only request them. This is horrible. Is Ombudsman here only to try to reach to a settlement rather than fine someone who is doing wrong.

Ombudsman is not giving me justice, only trying to. I want to sue Aussie Broadband. What are my remedies? Don't have money to hire an expensive lawyer, will do it all myself or through a not for profit which doesn't charge. What can I do?

Thanks!

[Slean Wolfhead]

I guess somebody still needs to make the connection from your boundary to the nearest Telstra connection point.    I'm not sure if Aussie Broadband are even allowed to do that, it's a Telstra job.  They certainly aren't liable to pay for it.  Are you sueing for the return of the $2150. 

What do Telstra say about making the connection to your boundary themselves, or are they palming it off to NBN?

[Indianinoz]

12 hours ago, Slean Wolfhead said:

I guess somebody still needs to make the connection from your boundary to the nearest Telstra connection point.    I'm not sure if Aussie Broadband are even allowed to do that, it's a Telstra job.  They certainly aren't liable to pay for it.  Are you sueing for the return of the $2150. 

What do Telstra say about making the connection to your boundary themselves, or are they palming it off to NBN?

Well Aussie Broadband has been my point of contact always and kept misguiding me. I want to to sue them for:
a) $2,150 already spent
b) Getting my line connected at their cost and ASAP
c) Harassment for the past 6 months
If all of the above is not possible, as much as it is possible.

Telstra says since this area has now gone into NBN Fixed Wireless, they won't pay for the lead in.

[Skani]

15 hours ago, Indianinoz said:

. Is Ombudsman here only to try to reach to a settlement rather than fine someone who is doing wrong.

 

The position of Ombudsman is to act as a mediator in resolving disputes.  They don't have any legal power to fine anyone.

You may be able to take your claim to a Small Claims Tribunal - a court for resolving matters like this.  I think you are living in Queensland now?  If so, there is some information here:

http://www.bailiff.com.au/SmallClaimsTribunal.htm

But first I would get some free legal advice from a Community Legal Service.  They will be able to advise you what is the most appropriate action to take and how to go about it:

https://communitylegalqld.org.au/find-legal-help/find-a-centre

I hope you obtained something in writing from the telecom companies concerned.  I would never commit any money for a telecom service without having a written contract/commitment from them.

[Indianinoz]

17 minutes ago, Skani said:

The position of Ombudsman is to act as a mediator in resolving disputes.  They don't have any legal power to fine anyone.

You may be able to take your claim to a Small Claims Tribunal - a court for resolving matters like this.  I think you are living in Queensland now?  If so, there is some information here:

http://www.bailiff.com.au/SmallClaimsTribunal.htm

But first I would get some free legal advice from a Community Legal Service.  They will be able to advise you what is the most appropriate action to take and how to go about it:

https://communitylegalqld.org.au/find-legal-help/find-a-centre

I hope you obtained something in writing from the telecom companies concerned.  I would never commit any money for a telecom service without having a written contract/commitment from them.

Thanks, Yes I'm QLD now. I do the stuff from Aussie Broadband in writing. I have booked an appointment with Community Legal Service. Thanks Skani!

[Slean Wolfhead]

6 hours ago, Indianinoz said:

Well Aussie Broadband has been my point of contact always and kept misguiding me. I want to to sue them for:
a) $2,150 already spent
b) Getting my line connected at their cost and ASAP
c) Harassment for the past 6 months
If all of the above is not possible, as much as it is possible.

Telstra says since this area has now gone into NBN Fixed Wireless, they won't pay for the lead in.

If you're in a fixed wireless area the copper phone lines will not be decommissioned, so you can still get your phone, although the Fed Govt is likely to scrap this quite access right pretty soon because it's not cost effective.   Telstra have been dragging their feet all over Australia because they can see money being poured down the plughole with investment into EOL infrastructure.

I'd carry on as you are and see what the legal advice is.  It might not be worth $5000 to anybody if you can get wireless internet and mobile coverage for voice.