28 Apr 2022 07:29 PM
Hi
How do i go about bringing sky to court so i can claim back lost wages for an engineer no show??
28 Apr 2022 07:32 PM - last edited: 28 Apr 2022 07:33 PM
Posted by a Superuser, not a Sky employee. Find out more@Johnkfj You can't is the simple answer, as Sky offer a Domestic Broadband service and therefore there is no recompense for lost wages. The T & C's you agreed to when taking service are clear.
You may be entitled to auto compensation as per this link https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/automat...
28 Apr 2022 08:07 PM
I do realise they can treat customers like dirt as you sign some sort of contract, but I've agreed to nothing as they've already broken their agreement so not to worry i think it's time for them to be held accountable, if nothing else comes from this the minimum I'll be sueing for will be lost wages for each day i have to take off to bring them through the courts.
28 Apr 2022 08:09 PM - last edited: 28 Apr 2022 08:12 PM
Posted by a Superuser, not a Sky employee. Find out more
There's general advice about such things here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/
However, as @GD1 indicates, it would almost certainly not be worth your time and effort, and remember that it's you who pays if there's no case.
28 Apr 2022 08:47 PM
Posted by a Superuser, not a Sky employee. Find out more@Johnkfj Trying to take sky to court for Openreach not turning up is ridiculous, Sky have no control over another companies employees(if it was a Sky broadband engineer then you still have no cause to claim)
Any action taken will only result in you loosing money for filling a claim that has no merit.
28 Apr 2022 10:26 PM - last edited: 28 Apr 2022 10:59 PM
Yes, you can take a company to court for breach of contract for an engineer not turning up. But you would have had to identify when you signed the contract that you were taking time off from work for the appointment to substantiate the loss and I doubt that was done if you wish to claim compensation in that respect, and the contract needs to state it between the parties concerned, was that done?
Without the above then you'd be entitled to only £25 from this document for a missed appointment I see here from Ofcom site:-
29 Apr 2022 08:45 AM
@Johnkfj wrote:
[...] claim back lost wages for an engineer no show??
Hi @Johnkfj
Welcome to the Sky Community
Just to add, you may find these links useful 🙂
This link will share more info about auto-compensation - if you'd like to speak to our team about this, select the 'Yes, I still need more help' option at the bottom of that link.
Also, you can register a complaint with us, here is more info on how to do that.
Mark
Community Manager
29 Apr 2022 07:17 PM
@mae-3 thanks I've spoken to legal and the phone conversation between sky and the prospective client is recognised as a contract by both parties, and I'm in the process of transcribing the conversation between myself and the agent, although a lot of different sites and information platforms try to convince you there's no point in bringing a legal action against sky they have to abide by the rules and regulations just like the rest of us, so I've given the go ahead to start proceedings and I've started to write the official statement for the media. Lets see how it fairs out!
29 Apr 2022 08:00 PM
Posted by a Superuser, not a Sky employee. Find out more@Johnkfj I find it some what odd that a legal professional would give the advice to go ahead with action, Sky cannot be held accountable in any way for the failure of another companies employee to attend an appointment(even OfCom agree as the auto compensation scheme is voluntary not mandatory).
You would only have grounds for any action if you and the agent you spoke to explicitly agreed to loss of earnings for a failed visit, given that no agent would agree to that its really hard to see how you have any grounds to claim.
The are no rules or regulations for domestic services that state they are responsible for loss of earnings, be that due to fault/failure of service or failure of provision(in fact it will in every contract explicitily state they are not liable for loss of earnings).
I don't see any outcome for you other than dissapointment when you don't get what your looking for.
30 Apr 2022 03:27 AM
The main contractor remains liable for contractual contracts including those done by subcontractors on its behalf or the failing in this case, and you are right that a verbal contract is binding between the parties in all respects.
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