Compensation?

[HertsMan]

Hi all, another thread about service failure lol. As this is the second time this has happened in the past 5 months, I'm just wondering where we stand legally?

My BlackBerry is used primarily as a business device, processing orders, talking to clients, etc. Whilst the networks were out of action, I could have lost a great deal of work.

Although I am a great BlackBerry fan, I cannot afford for such outages again and wish to change to Android (HTC Desire S).
Problem being, I've got 13 months left on my contract. As I've not been receiving the full service over the last few days, am I within my rights to cancel the contract early and swap handsets? Or will my network provider (Virgin Mobile UK) say there's nothing can be done as it's a BlackBerry problem?

Thanks for taking the time to read this!


Signed,
Unhappy BB user.

Posted from my CrackBerry at wapforums.crackberry.com

[M.Rizk]

Try talking to their customer service, thats the best way.
here is Qatar Vodafone said they will compensate all, but nothing till now, however no contracts are allowed in Qatar.
so i cant help you regarding your contract point but i think it should be legal to cancel it.

[njblackberry]

What Service Level Agreements, with penalties, do you have with your carrier and with RIM? That would be the best way to determine what "Compensation" you are due.

Since you don't have anything in writing, the best case is call your carrier and maybe they will give you a few dollars off.

[HertsMan]

To be honest that's what I'm expecting, 3 days of non-service which, on my tariff, works out to £1.25 lol!

I was rather hoping the downtime would open a clause in the contract meaning I'd be entitled to change handset without a cancellation fee. I don't have any idea about my legal standing though, does it sound feasible?

Thanks for the help

Posted from my CrackBerry at wapforums.crackberry.com

[njblackberry]

Doubtful.
Since no one ever reads the Terms and Conditions, they are bound to be in favor of the Service Provider...

[Dugganm]

Is it really worth complaining and demanding compensation for a measly £1.25??

And to be fair, you did have phone and txt service so realistically you only lost blackberry service. On O2 you get charged £5 a month on a PAYG tarrif, so that would work at around 48p compensation you would be due...not really worth it is it?

[HertsMan]

Originally Posted by Dugganm

Is it really worth complaining and demanding compensation for a measly £1.25??

Originally Posted by Dugganm

On O2 you get charged £5 a month on a PAYG tarrif, so that would work at around 48p compensation you would be due...not really worth it is it?

I completely understand that aspect of it, and I'm not even holding out much hope for that. However, as it's a business phone, I potentially lost out on 3 days worth of business due to loss of e-mail/BBM, which could equate to £1,000's of work.

This is the second time in 5 months that it's happened, and I no longer want a BlackBerry.

When I phone Virgin and explain this, I'm expecting a generic reply and no help, is there a higher body I can complain to?

Posted from my CrackBerry at wapforums.crackberry.com

[Barljo]

IMO, to have any chance of a case, you'd have to be in a position to provide some concrete backup for work you lost, rather than 'potentially lost out' and 'could equate to' statements.

I can understand your frustration, but on the other hand you have nothing you can provide to say otherwise.

I think that the most likely response you'll get from the carrier is that the outage is beyond their control and that they have no obligation or need to compensate you for someone else's issue. Prob your best bet is to try to get to their retentions line who may be able to offer you something to stop you cancelling your line...

[HertsMan]

Thanks for the advice.
Hope I didn't come across as a grumpy git but I'm just frustrated

Will try and speak to retentions and see what happens

[HertsMan]

Well that was a waste of time! As expected, UK carriers are taking no responsibility and maintain they are not in breach of contract.

Guess I'll have to wait another 13 months to change my handset Wonder how much downtime there will be between now and then

Posted from my CrackBerry at wapforums.crackberry.com

[M.Rizk]

You may face another only one outage within those 13 months but won't be huge as the one happened.

Posted from my CrackBerry at wapforums.crackberry.com

[Aerandir]

Here in UAE, we were compensated by the local carriers with 3 days refund (which is less than $2 for most packages). I think calling the local carrier and complaining would put pressure on RIM to compensate everyone.

[Lovagirl]

Hey guys. Our carriers here in RSA have decided to compensate us with free 20min voda 2 voda calls & 20 free SMSs for 5 days starting today and MTN has offered all there customers R10... talk about cheap

[Dugganm]

Originally Posted by Lovagirl

Hey guys. Our carriers here in RSA have decided to compensate us with free 20min voda 2 voda calls & 20 free SMSs for 5 days starting today and MTN has offered all there customers R10... talk about cheap

You should be grateful as the carriers are under no obligation to recompense you as it wasnt their fault.

RIM were the ones "at fault" and as such it is them you should be trying to make a claim from. However they have issued a press release detailing premium apps you can download from Wednesday as an apology so you probably wont get far with RIM either.

[jorkat80]

Compensation would be nice....but we shouldn't expect anything...but that doesn't I don't think RIM should be doing something...