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rblampain 11-13-2018 06:38 AM

Internet service dispute questions
 
I had unsatisfactory satellite Internet in the Australian outback when I thought I had an opportunity to have ADSL in a small country town 345km south after finding a house for rent for which the national telco claimed on its website that ADSL was available at that address. I signed a lease for one year for the house, moved into it and successfully subscribed in February 2017 to this telco for a "Small Broadband Bundle" at that address. The telco promptly sent their modem and later their technician however the technician left after only getting the phone to work (the telco said in their conditions that the technician would only leave after ensuring everything was working). This led to unanswered request by me for repairs by the telco and quickly escalated to a dispute lodged with the national telecommunication ombudsman (TIO) as the telco was simply remaining silent and inactive. The Internet connection never worked.

However and although the telco made in October 2018 a small compensation payment and cancelled all the charges for which they wanted payment, this led nowhere because this ombudsman ("subsidised" by the service providers) demands proofs from the claimant but is not allowed to ask any proof from the service provider which takes advantage of that fact by telling the ombudsman all sorts of untruths including that the Internet connection was working (claim made 18 months after the attempted connection) when their technician told me that he had "difficulties" to find a spare spot (port) at the exchange to make the connection while he was staring at the red light of the brand-new modem he never even touched. It was abundantly reported in the news at the time that this telco's exchanges were in a bad state of neglect due to the coming fibre optic new system (NBN).

All along I was left under the impression that it was a faulty Internet service, not a service that could never be connected and, due to the dispute, the telco sent bills and correspondence at addresses that could not be reached from which electronic mail should have bounced and post mail returned unclaimed.

I am thinking about taking the telco to court myself on the basis that there is a lot of statements made by the telco that can be easily proved to be incorrect or plain lies if I can subpoena the documents.

My questions are about the terminology used by professionals in the field so that I have a reasonable grasp of the names of the documents I should subpoena or name in court, it does not have to be the exact acronyms or names of this particular telco, for example they call a simple telephone call they initiated: "..used standard scripting to offer.." (self-protection through obscurity), I do not need those terms since at the very least the court needs to accept that I am not a professional lawyer.
I also like to know what is a standard procedure (if there is such thing) for a telco when connecting a new Internet customer: do they ping the new IP, how do they log results of the pings? How do they log data transfer (uploads downloads - there was none), how do they ascertain the connection is working? Do they do it at all? How do they record bounced emails they sent? Can I expect records to still exist and if not am I justified in claiming they were intentionally destroyed?

Not a single byte could have been exchanged on this Internet connection which was never established, how can I subpoena documents showing this? The telco intentionally never sent written correspondence to my official address, may be never sent it at all, how can I subpoena those documents? The telco sent electronic bills to an email address known not to work (likely disconnected by them when not receiving their expected payments). Perhaps someone knows how the system works and is able to tell the names of the documents, even if it is terminology of a foreign English speaking telco since I anticipate that all professionals use the same terms or very similar terms.

Separately, and since I cannot pay a firm of lawyers, I am learning how to proceed with my court case which is officially the only possible avenue (magistrate court) here under the old "small claims tribunal" system, a body disbanded by the politicians and never replaced some years ago to "save money".

Any comment that can teach me something is also welcome.

Thank you for your help.

Keruskerfuerst 11-13-2018 09:11 AM

You can make a speed test or ping well known adresses (like www.google.de or similar) to document, that your internet connection does not work.

If you want to write a legal action, normally you do not need a lawyer.

dugan 11-13-2018 09:17 AM

I had a month of issues with one ISP until I broke down and wrote a rant on dslreports. They they fixed the problem immediately.

rblampain 11-14-2018 11:19 PM

Quote:

You can make a speed test or ping well known adresses (like www.google.de or similar) to document, that your internet connection does not work.
Since my Internet connection has never worked I do not know what IP the telco assigned to it, so I cannot ping it. The telco has also closed the account at the first opportunity.

Quote:

I had a month of issues with one ISP until I broke down and wrote a rant on dslreports. They they fixed the problem immediately.
Regardless of the effectiveness of any pressure, the telco is and was unable to fix the problem because the exchange was going to be replaced (ADSL over the phone wire is going to be abandoned/disconnected at a certain date) with new hardware for the coming fiber optic system and the telco did not want to repair or upgrade their old exchanges for new connections but kept telling prospective customers they could still be connected. It seems, although I could be wrong, I need to subpoena their records to prove my point, my difficulty is I do not know which records (results of their own testing as well as the absence of any data transfers).
I have just joined "dslreports" but I am a bit confused where to "report" my complaint, any suggestion?


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