I have been wanting to this for a while and seek advice / validation from CD s .

We keep on hearing about cell phone providers fleecing the customers and binding them under unreasonable contracts but here the situation is slightly different where a Telco has breached its responsibility .

I am with a Telco for past 4 years . 3 months back I found my cell phone internet not working . Complained and was escalated to a Tier 2 Support who suggested to reset the phone ..I clarified with her twice whether my contacts would be deleted .... as the phone had 4 years worth of contacts .She said 'NO' twice and I went ahead ............. contacts , photos , memos , videos .. everything was deleted .. I was upset and lodged a complaint and the complaints manager told me that he could not get my contacts back ...

Now this is pretty upsetting as some of those contact numbers were the only source of communication with old friends and acquaintances ... Plus there were so memorable pics / videos and memos / addresses on the phone and I did not want to lose them - Had the Support told me that they would be deleted , I would have backed out .......... and I asked twice !!!

Later on another Tech 2 Support told me that their Proxy server was down and put me on an enhanced data plan for a month assuming that the problem would be solved by then---- A month passed and the problem has still not resolved - the data plan is off and I do not have internet service though I have already preapid for it ......

Do I have a case to sue this Telco and for how much ? ...as this was clearly a training gap on their part .

Also how & where should I start the suing process and how much will it likely cost and will this cost be re imbursed if I win the suit ... Like wise if I loose , will I have to foot the legal bill for the other party ??

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Fido.

Sorry to hear about the data loss.

I have never sued anyone but have a suggestion. Try to escalate with them and let them know you have plans to sue. The Loyalty and Retention department usually acts at highest priority in such situation. They may be able to give you like 3-6 months of free service.

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Decide exactly you want.

If you are going to be HAPPY, if they offer you some credit or free service, you can do what G13 suggested.

If you want to do more .... and willing spend some money / time .... then FIRST make case against them and build up some proofs etc. Write a detailed letter of loss you have incurred, make a HUGE cry, quantify some of the losses you have incurred and send the letter thru email / regd. mail. You may receive some sorry replies with or without some credit offers for you ......

Increase your tone and ask them to compensate your loss ..... .... you need to buildup the correspondence .....

Then ..... I will tell you the next step ..... in PHASE-II

Thank You so much Gurram and G 13 .

3-6 months free service is not what I am looking for here .... When it comes to their end , they cite all the legalities and obligations but once they are on the receiving end , they should not be allowed to walk away so easily ...

Under any case I strongly feel the loss of contacts and data that their mistake has led to and I intend to take it up strongly .... Let me first jot down the details all that I have got ... I do have the complaint reference no. under which all this is recorded ....

Will do and keep the thread updated ... But please share in your thoughts and opinion as to what you would have done had the same happened to you .

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Fido.

Fido, I do not think there is anyone in the forum who can give you legal advise if you want to sue.

I do agree that customer services reps of these big telcos will say something but something else will happen, be it offers, billing, tech support, etc., but the customer is always on the hook and bound by contract in many cases.

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Raj - I am not looking for legal advice here - just moral because this will be something strong I will be doing and feel internally to do so ... just want to know the common mood of other CD s as to whether they would have put their foot down on such an occurrence or let it pass by .

We have heard of big suing cases in this part of the world and though nothing sensational but I definitely feel that the Telco owes a big one on getting to wipe of some ones long timed contacts / addresses / memos / pics and videos with out a warning ...

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Fido.

The frustration is completely understandable. The amount of time, money and frustration that you will get is not worth it. If suing big corporations would have been your main business then sure go ahead. These guys are well equipped/prepared. They probably will be happy to see some case on their way so that their legal department would be at least little busy. Lets say you put in all time, efforts and money to sue..even in peace court and you win, will it be worth? We are not talking about just money; the time, efforts and anxiety that will come along with it needs to be considered. Experience is the best teacher but tuition is high..what you learnt from this experience is to be little paranoid and always take the back up. I know you do not want to hear preaching. But in my opinoin, make up your mind and change the provider. You may loose some of the loyalty perks and the alternative may not be better either , but to hell with them.