TalkTalk: No incoming calls - breech of contract?

occamsrazza · 23 July 2009 at 5:24PM

I began an 18-month contract with TalkTalk for broadband and home phone services on 25 April 2008. The service worked as expected for 4 months until, on 12/09/2008, I began receiving a BT customer's calls and the BT customer began receiving calls for me.

The BT customer informed me that, on 12/09/2008, he had been assigned a phone number which was exactly the same as mine. I registered a complaint with TalkTalk on 16/09/2008 after attempting to sort out the problem with BT who merely informed me that it was impossible for a BT customer to be allocated the same number as mine!

Eleven days after registering my complaint with TalkTalk, I stopped receiving incoming calls. People who called me from the UK heard a message saying they had dialled an incorrect number and should check the number and dial again. International callers heard a message saying that the number did not exist.

This problem persisted until 10 February 2009 after which date my TalkTalk service functioned normally until the first week in April when another BT customer rang and said much the same as the previous BT customer in September; that is, that they had been allocated my number.

After this, I was again unable to receive incoming calls but, this time, people who called my number only heard the ring tone and not any messages. Despite repeated complaints to TalkTalk, this situation continued until 22nd June when a TalkTalk representative successfully got through on the number and declared the problem had been fixed.

However, following this declaration, people calling me still could not get through but, instead of the ringing tone, heard the messages about wrong/inexistent number again. This remains the situation as of today.

Over the last 10 months, TalkTalk has sent 3 engineers to check my line and/or telephone equipment. They found no problems and assumed that the issue was due to TalkTalk's equipment/software/administration diverting my incoming calls.

In September and in April, when I complained to TalkTalk about the problem, I pointed out that the problem arose after a BT customer claimed to have been allocated my number. I asked TalkTalk staff to check for a possible administrative or software related problem rather than spending time checking for a less probable physical fault. On both occasions, my request was ignored with the result that I have spent 8 months since 12 September 2008 without an incoming call service.

Given that the problem is not due to my line or equipment, are TalkTalk in breech of their contractual obligations because they are failing to provide a service that is fit for purpose? If so, I am correct in assuming that I can move to another service provider without any obligation to pay TalkTalk a cessation of service fee?

Thanks for any advice. Occam

Heinz · 23 July 2009 at 7:06PM

I'd say yes they are and you should sue them for compensation.

occamsrazza · 23 July 2009 at 11:23PM

Thanks, Heinz. I've thought about suing TalkTalk but I have no idea what would be the best route to take: Small Claims Court or No Win No Fee agency?

During the period when I've not been able to receive incoming calls, I have frequently had to travel abroad for work and there was a family crisis while I was on the move. Not having incoming calls was incredibly stressful for me and other family members plus it hindered the work of the emergency services (all of which is documented and on record). In addition, one of my sons has been looking for work (it's his his graduation year) and the lack of a landline number has not helped his cause in a tight job market.

I have sent double figures worth of emails to TalkTalk but they seem to ignore the content and make me work through their trouble-shooting procedure schedules. Hence I am looking to get away from their (lack of ) service but, as they are clearly an extremely inefficient organisation, I want to make sure that I get away from them cleanly.

macman · 24 July 2009 at 8:35AM

I would have thought that your first port of call should be OFCOM?

occamsrazza · 24 July 2009 at 12:44PM

Macman, I looked at Ofcom in September when I was hoping to put pressure on TalkTalk for a speedy resolution of the problem and found they were spectacularly USELESS with regard to solving the problem quickly.

Ofcom does not investigate individual consumer complaints and will not respond about an individual complaint. Their website lists a series of dispute-resolution procedures.

These procedures seem to have been framed for an age when communications depended on muscle and steam power (horse drawn carriages, steam boats, postmen plodding along the street) rather than for an age of instantaneous electronic communication.

For instance, Ofcom states that dissatisfied consumers should use the company's Alternative Dispute Resolution (ADR) scheme ONLY AFTER 12 WEEKS have passed since formally complaining to the company unless the company shoots itself in the foot by stating that it's not going to do anything about the problem.

However, given that we pay for telecommunications services in order to have instantaneous contact with people, it seems totally inappropriate that Ofcom offers consumers arbitration only after 3 months have passed (unless the company so idiotic as to score an own goal by declaring that they are not going to do anything about the issue). In September, the possibility of being without incoming calls for 3 months seemed ludicrous ....

Regarding Ofcom, where is the logic of linking issues involving instantaneous communication with 3-month waits before arbitration procedures can begin? In relation to landline problems, Ofcom seems happy to take a huge dump on consumers from a great height by leaving us at the mercy of inadequate service providers for inordinate amounts of time.*

3-month time frames to resolve issues relating to instantaneous communication! Surely, even a toothless organisation with rotten gums could come up with a more appropriate set of procedures ...

(Forgive the above rant ... Having been travelling around Europe and Asia for work while trying to deal with the above problem, I had quite forgotten why I dismissed Ofcom from the equation months ago).

Now that a timely resolution of the issue is impossible, I will begin the ADR process set out by Ofcom. However, if someone can suggest another route for a speedier solution, I will be immensely grateful.

* If anyone is offended by this expression, please note: I'm using 'dump' in the computer programming sense of the word. :rolleyes:

Lorian · 24 July 2009 at 12:49PM

I had issues with talktalk, and I had a NIGHTMARE of a time getting it fixed until I found

http://www.talktalkmembers.com/forums/forumdisplay.php?f=45

Register, and post your message there, in the talk talk customer services forum. The moderators work for talktalk and are VERY helpful and responsive in my experience. After registering my issue there it was delt with efficiently.

After posting your problem they will send you a PM to ask you a few questions to make sure you are who you say you are, and you'll need to respond to this.

occamsrazza · 24 July 2009 at 1:41PM

Thanks a lot, Lorian. I will get on to them straight away and will post the results.

occamsrazza · 26 July 2009 at 10:15AM

[FONT=Times New Roman, serif]I have had problems with incoming calls on my TalkTalk service since September 2008 [/FONT](see the thread: TalkTalk: No incoming calls - breech of contract? in this forum).

[FONT=Times New Roman, serif]I'm going to put in a compensation claim next week and I'll be grateful for any comments regarding the amounts claimed.
[/FONT][FONT=Times New Roman, serif]
[/FONT][FONT=Times New Roman, serif]Here's the draft letter:[/FONT]

[FONT=Times New Roman, serif]Customer Liaison Manager[/FONT] [FONT=Times New Roman, serif]Carphone Warehouse ([/FONT]TalkTalk)
[FONT=Times New Roman, serif]PO Box 344[/FONT] [FONT=Times New Roman, serif]
Unit 19[/FONT]
[FONT=Times New Roman, serif]Southampton[/FONT] [FONT=Times New Roman, serif]SO30 2NP[/FONT]
** July 2009
Dear Sir/Madam

RE Compensation for inadequate service on landline number **************
(Without Prejudice)

In the period since 12th September 2008, I have been unable to receive incoming calls for 9 months. I have been in repeated contact with TalkTalk over this problem as your records should show. Further details regarding this issue are contained in the enclosed sheet headed 'Background information'.

I am claiming £450 (four hundred pounds) in compensation for the inconvenience this has caused as per following:

23 messages (emails and letters) sent to TalkTalk regarding this fault @ £10 per message: £230;
4 phone calls (which, on average, involved call-holding times of 20+ minutes) @ £5 per call: £20;
Distress caused to family during a crisis in early February 2009 when neither the police nor social services could contact our home number regarding a family member: £100.
Increased costs of calling mobile phone numbers from England and abroad because of the landline fault: £50.
Necessary arrangements to ensure engineers had access to my property plus invigilation of the engineers whilst on site @ £25 per house call: £50.

TalkTalk has already disbursed £72.97 relating to this issue. Please arrange payment of the remaining £377.03 within 30 days of receipt of this letter.

Also, please inform me of the exact time and date when my contract with TalkTalk ends, which I assume will be midnight 24th October 2009.

Even though my TalkTalk call plan (International Evening and Weekend) exactly fits my family's needs, I will be constrained to switch to another supplier unless TalkTalk corrects the fault with my incoming calls, pays appropriate compensation and provides a clear explanation of the cause of the fault so that if it reoccurs I will be in a position to inform TalkTalk staff.

Yours faithfully

Notes:

(1) [FONT=Times New Roman, serif]I've asked for £10 compensation for each written communication as I think that is what the Financial Ombudsman stipulates when settling claims in the financial services sector. I might be behind the times with that amount.
[/FONT]
(2) I haven't included the Background Information as it is covered in my earlier thread on TalkTalk: No incoming calls .

occamsrazza · 26 July 2009 at 10:40AM

Well, I posted immediately to the TalkTalk members forum and was asked to reply to a personal message, which I did.

No reply as yet but while waiting I have decided to move ahead with a claim for compensation (see my thread: Claiming Compensation for Landline Faults in this forum).

If the claim gets knocked back, I'll use the Alternative Dispute Resolution procedure as stipulated by Ofcom.

hra_2 · 26 July 2009 at 2:51PM

Just one quick point: looks as if it should be "four hundred and fifty pounds".

occamsrazza · 26 July 2009 at 4:41PM

Thanks! I forgot to update the wording after I added charges for all my time that got wasted hanging around for the engineer visits.

Initially, I wasn't going to charge for this. However, as I had explained to TalkTalk from the very start that it was extremely unlikely that the problem was due to a physical fault with the line or my equipment, I decided to charge for the inconvenience and loss of time caused by the visits.

TalkTalk charge over £100 if they send out an engineer and the fault is with the customer's equipment. So, surely, what is sauce for the goose ...

TalkTalk: No incoming calls - breech of contract?

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