Fail to subscribe for ADSL Internet service.

[NewUser]

Dear citizens,

Fail to subscribe for ADSL Internet service. The provider replies that my telephone line is claimed by another Internet service provider. However, I do not have any agreements with any Internet service provider, neither paying for Internet to anyone (and I do not have Internet itself...). It has been more than half a year since my first application. In my letters to the provider I requested to identify organization which is responsible for such a delay. They have not provided me with any relevant information. Given all letters, replies, etc., I would consider I have a case. At this point I want those responsible for my wasted time (and no Internet for half a year) to be questioned. I could find on Internet that in The Netherlands every citizen has the right to argue their case in "subdistrict sector". Does anyone on this forum knows the details on procedure? Thank you in advance.

Regards.

[bona fides]

You'll first need to find out who is responsible. It could be true that the provider you've tried to contract with really has no way to find out who's holding the line; I don't know how this is organized exactly.

Did you try asking KPN what company is occupying the line? If not, try using this form. I suppose they'll accept English. My (one time) experience is that the complaint form works a lot better than calling them.
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Hanc marginis exiguitas non caperet.

[NewUser]

Indeed, in my final letters to KPN (in fact KPN is the provider which I requested for ADSL service) I asked nothing more but to identify the source which says that my telephone line is claimed by other Internet provider. They do not provide this information to me. At this point I just want I practical advise how to execute my right to be heard in court ("kantonrecht"). Does anyone has experience initiating a procedure? Thanks in advance.

[tikSimone]

Sorry, I am afraid that I can not be of real help to you regarding this question. You might want to consider a so called "kort geding" in which you ask that KPN will provide you with that information on a short notice. That might not help though, because once you know the name of that other provider it might be possible that you can not really do something to solve the problem. E.g. when the blocking provider states that somebody else has a subscription via your telephone line they might say that they need the order to end it from that customer.

At this stage I would advise you to contact OPTA by telephone for some advice on how to solve this and for information about the legal obligations for KPN.
Their telephone number is +31 70 315 35 00 and ofcourse you can also send an email (mail@opta.nl).
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Nait soez'n, moar doun!

[bona fides]

In general, to start a civil procedure you first must summon the company to court. For this, you need to write a "dagvaarding" (or have it written; I'm pretty sure Dutch is compulsory) and have it sent to the company by a "gerechtsdeurwaarder". Although representation by a lawyer is not mandatory before the "kantongerecht", in practice you'll probably need one.

I don't know if suing KPN will help your case.
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Hanc marginis exiguitas non caperet.

[Michèle]

There's no such thing as a 'right to use internet'. What do you want to charge them with?
In order to claim compensation you'll need to prove your actual loss.
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www.breiwinkeltje.nl

[tikSimone]

How about th right to receive information? (10 EVRM)
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Nait soez'n, moar doun!

[NewUser]

Thank you for information. Requests to OPTA are redirected now to consuwijzer.nl (it will take a week to process my request they said).

Otherwise, I just want independent judgment on this issue. I.e. someone IS responsible for the fact that I do not have Internet for a long time. If there are any legal consequences for them (compensation/whatever) I would accept it. I still want to have Internet at my home address...

[bona fides]

You probably know already, but most likely your line is being occupied by BBNED. The previous tenant may not have correctly cancelled his subscription. Apparently KPN is not allowed by OPTA to overrule this setting themselves. Apparently BBNED refuses to listen to consumers, redirecting them to their ISPs (there are line providers like KPN and BBNED, there are internet providers like Planet, XS4ALL, etc).

If you can get in touch with the previous tenant, he might be able to help you solve this situation. It seems like a good idea to complain to OPTA/Consuwijzer about this mess, although it will probably not help you directly (they just collect complaints to get a general idea of the problems in the field).

It is not at clear to me who is to blame for the fact that things like this are not easily resolvable. For all I know it could be any one or more of KPN, BBNED, OPTA, the state, the EU...
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Hanc marginis exiguitas non caperet.

[arizona]

[tikSimone]

Very good idea to solve this in no time!!!


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Nait soez'n, moar doun!