David versus Goliath (Part 2: We’ve beaten them!) The abuses of big business

This is the second part of an article we published in October 2016; although I’ll summarise it here, you can read the full version HERE: David versus Goliath: How large companies exploit individuals and small businesses 

As a one-off, we were describing a situation we had experienced first-hand, which boiled down to the nightmare we found ourselves in for a few months when Orange, to whom we had entrusted our office’s communications, was providing a service that was nothing short of appalling, and we decided to terminate the contract on the grounds of breach of contract and switch providers. At that time, we weren’t seeking any compensation for the disruption they’d caused us in the days leading up to the termination – during which we didn’t even have a service – we just wanted to leave and never hear from them again. But little did we realise that, at that moment, the nightmare had only just begun: Orange, despite its flagrant breaches of contract and provision of a substandard service, maintained that we were bound by a minimum contract period and was prepared to enforce it until it expired (there was approximately a year and a half remaining).

Although we tried every possible means to make them see reason, they never did, and decided to do what they always do: resort to pressure tactics that only they can employ, such as telephone harassment, incessant complaints, threats to cut off communications and, finally, the inclusion of Auris on two credit default registers (Experian and Asnef-Equifax) for a sum of approximately 400 euros.

Well then, we decided to take legal action against them for infringement of our right to reputation and for the damages caused. And, almost five years later, Barcelona Magistrates’ Court No. 43 has ruled in our favour and ordered Orange to pay compensation of €16,877.75 for non-pecuniary damages, plus statutory interest and the costs of the proceedings. The judgement is not yet final; they will probably appeal it as they have considerable resources at their disposal. But today we have made significant progress in our fight.

We are not sharing this because it is our victory, but because it is a small victory for all private individuals, self-employed professionals and small businesses – those of us who are always at the mercy of these companies, which are in a position to abuse us without any regard or humanity whatsoever, and, of course, without giving the slightest thought to what is fair and what is not. They know that the result of trampling on the little people is that their coffers swell, because we have no weapons that can compete with theirs. And whether we are in the right is beside the point.

Well then, Here’s a small / big victory. If we fight for what is right, time will prove us right. We really hope that everyone will take heart in similar situations because, without a doubt, it’s well worth the wait!

Xavi Saula
xavi@aurisadvocats.com
Specialties:
Civil and Commercial Litigation
Bankruptcy
New technologies
Management of non-payment and arrears