Tentel have 'slammed' me to TalkTalk without my permission

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TheCleaner
TheCleaner Posts: 2 Newbie
edited 12 September 2017 at 1:02AM in Broadband & internet access
If you are a Tentel customer, this needs your urgent attention.

After an awful Identity Fraud scare, I've found out Tentel have gone bust, and all customers are being moved over to TalkTalk.

This is with absolutely no notification from Tentel or permission! This is unlawful and known in the industry as 'Slamming'. See ofcoms site for this (I can't post links yet)

I was greeted with an email from TalkTalk saying 'You're almost registered', and thinking it was a phishing email (as I'd NEVER sign up for an account with the disaster company that is TalkTalk), I did the responsible thing and rang them to report the email, only to find out that an account had indeed been set up in my name! Fraudulently. The dread and panic set in as I'm in the process of housebuying.

Having been the victim of identity fraud a number of years ago via an unlawful mobile phone upgrade, I immediately contacted my banks, re-registered with CIFAS and obtained my credit reports. All of this is now going to hinder my housebuying, possibly losing me the house completely :mad:

It has taken until today to finally establish that Tentel are the ones who have given over all of my details (including bank and direct debit details) to the least secure company out there, TalkTalk, without even an attempt to notify me or gain permission from me. The lady on the phone said that tentel have not sent out any letters, emails to any customer or news on their site or My Account area about the switch, but that I "should have seen it on the news"!

I'm a vigilant person, I imagine many will get that TalkTalk email, just delete it, and go about their daily business, unaware it is actually genuine and they will soon unknowingly become TalkTalk customers.

I am going to report this to Ofcom, the Services Ombudsman, the Information Commissioner's Office and to Trading Standards, all for breach of Data Protection but also specifically for these Ofcom General Conditions which relate specifically to 'Slamming':

GC22.3(d),
Mis-selling Prohibition

22.3 When selling or marketing Communications Services, the Gaining Provider must not:
(a) engage in dishonest, misleading or deceptive conduct;
(b) engage in aggressive conduct;
(c) contact the Customer in an inappropriate manner; or
(d) engage in Slamming.

GC22.8 (they have definitely fell foul of this, I have NEVER given my consent to migrate)
Record of consent

22.8 For each contract entered into with a Customer for the provision of Communications Services within Openreach’s Access Network, the Gaining Provider must create and keep individually retrievable records of the following, for a period of not less than twelve months:
(a) a direct record of consent, as provided by the Customer, to:
i. migrate from the Communications Services supplied by the Losing Provider to the Communications Services supplied by the Gaining Provider; or, as relevant,
ii. begin acquiring Communications Services over the Target Line;
(b) an explanation from the Communications Provider that they are required to create a record of the Customer’s consent;
(c) the name and address of the Customer;
(d) the time, date and means by which the consent in sub-section (a) above was given;
(e) where appropriate, the place where the consent in sub-section (a) above was given and the salesperson(s) involved;
(f) the Target Address; and
(g) where appropriate, the Calling Line Identification of the Target Line.
22.9 The Gaining Provider shall keep the records required in paragraph 22.8 irrespective of whether the contract for the provision of the Communications Services is cancelled or terminated.

22.10
Notification Letters

22.10 When a Customer enters into a contract for the provision of Communications Services, the Gaining Provider must send that Customer a letter. The letter shall set out in clear and intelligible terms:
(a) the date of the letter;
(b) that the Customer is transferring their Communications Service;
(c) all Communications Services that will be transferred;
(d) where relevant, the Calling Line Identification of all Communications Services that will be transferred;
(e) a reasonable estimate of the Migration Date;
(f) the right of the Customer to terminate the contract as set out in Condition 22.5, the means by which the right to terminate can be exercised and the date by which the right to terminate must be exercised; and
(g) relevant contact details.

22.11 Definitely fell foul of this too
22.11 The Losing Provider must, in accordance with the industry agreed process, send the End-User a letter. The letter shall set out in clear, intelligible and neutral terms:
(a) the date of the letter;
(b) that the End-User is transferring their Communications Service;
(c) all Communications Services that will be transferred;
(d) where relevant, the Calling Line Identification of all Communications Services that will be transferred;
(e) all Communications Services or other types of services provided by the Losing Provider that the Losing Provider reasonably expects to be directly or indirectly affected by the transfer;
(f) all Communications Services provided by the Losing Provider that the Losing Provider reasonably expects to remain unaffected by the transfer;
(g) a reasonable estimate of the Migration Date;
(h) relevant contact details.
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Comments

  • redux
    redux Posts: 22,976 Forumite
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    I hadn't heard of Tentel, but a brief search shows that it went into administration and customers were transferred to TalkTalk, on the same terms.

    Some of the things you quote are talking about swapping providers, but this is more like the new company providing the same service. Being realistic, if this hadn't happened, you might have been left with no connection for a while.

    If you really don't like TalkTalk, then move, but a couple of articles suggest you'll be subject to early termination charges as per the Tentel contract.

    Personally I'd try to get them to waive any such fees, but that might not be possible.

    I can't see the point of complaining to all those bodies. Maybe just check with Ofcom, see if they confirm what others are saying.
  • littleboo
    littleboo Posts: 1,499 Forumite
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    This isn't slamming. It seems that TT have purchased Tentel customers. Sky purchased O2's broadband customers for example.
  • [Deleted User]
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    littleboo wrote: »
    This isn't slamming. It seems that TT have purchased Tentel customers. Sky purchased O2's broadband customers for example.

    Just what I was going to post, they've actually done the customers a big favour as they could have just cut them off dead losing the telephone number as well. Instead they get to keep their existing contracts (even monthly ones which Talktalk don't do) at whatever they were paying. Even any credit on the account is transferred.

    I'm sure that Talktalk would be amenable to a chat about switching provider given the circumstances despite what it says about the contract switching over.
    I immediately contacted my banks, re-registered with CIFAS and obtained my credit reports. All of this is now going to hinder my housebuying, possibly losing me the house completely

    Why on earth you'd do that instead of contacting either Tentel or if not available Talktalk I have no idea, any repercussions from that is entirely down to the OP. BTW this all started at the end of June.
  • Mister_G
    Mister_G Posts: 1,926 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
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    I had a similar situation back in 2015 when Virgin decided to dump all their 'Off Network' customers onto TalkTalk.

    However, I was able to leave TT for Plusnet with no real problems, apart from a couple of hiccups with the MAC, and certainly no financial penalty.
  • TheCleaner
    TheCleaner Posts: 2 Newbie
    edited 13 September 2017 at 12:40AM
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    Just what I was going to post, they've actually done the customers a big favour as they could have just cut them off dead losing the telephone number as well. Instead they get to keep their existing contracts (even monthly ones which Talktalk don't do) at whatever they were paying. Even any credit on the account is transferred.

    I'm sure that Talktalk would be amenable to a chat about switching provider given the circumstances despite what it says about the contract switching over.



    Why on earth you'd do that instead of contacting either Tentel or if not available Talktalk I have no idea, any repercussions from that is entirely down to the OP. BTW this all started at the end of June.

    I contacted them both actually, at the earliest possible time, only to have it confirmed that my personal and full bank details had been passed onto TalkTalk before I had any say in the matter. Tentel do not make headline news (TalkTalk do though, for their data protection failings), it's simply not good enough to expect customers to find out through the news.

    Yes, they've gone into administration, but they are still sending me bill emails as recently as the end of August, and themselves admit that they have not notified any customers that they have gone bust, nor that we're being passed onto talktalk. There should have been immediate notifying customers so they have the chance to opt out.

    If you don't believe a company passing all of your personal details, including bank account details, without once notifying you or seeking your permission to a third party, is a data protection breach, then what is? Tentel is still operational as of this morning speaking to them, they are collecting my money still, and have responsibilities.

    As for slamming, BT give such examples:
    Examples of slamming:
    -Your service is transferred without you being contacted
    -Your service is changed without you having even been contacted by your ‘new company’

    The root of my issue here isn't being migrated (which yes, keeps the service going), it's the fact it was done without any notifying. An email to all customers back in June at the very least is well within the scope of their ability as a telecoms company, or is that expecting too much?
  • [Deleted User]
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    TheCleaner wrote: »

    As for slamming, BT give such examples:
    Examples of slamming:
    -Your service is transferred without you being contacted
    -Your service is changed without you having even been contacted by your ‘new company’

    Show me something from Ofcom (that isn't aimed entirely at companies still in existence and not going bust as those examples still don't apply in this case) and I'd be more swayed.
  • Thom_M
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    Even worse than the phishing style account creation emails is that your cannot actually create an account since they provide no account number. Probably it is only available on the bills available only in the online system—so you have to stand an hour on phone waiting for them to bother to answer and ask you tons of rubbish to send a letter with the information maybe in two months time. Meanwhile you have no idea what they're billing you.

    Thinking of just disabling direct debit from my bank. That way hey are forced to contact me. It is their job, not mine, to stand hours waiting on phone, bloody corporation from hell.
  • [Deleted User]
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    Thom_M wrote: »
    Even worse than the phishing style account creation emails is that your cannot actually create an account since they provide no account number. Probably it is only available on the bills available only in the online system—so you have to stand an hour on phone waiting for them to bother to answer and ask you tons of rubbish to send a letter with the information maybe in two months time. Meanwhile you have no idea what they're billing you.

    Thinking of just disabling direct debit from my bank. That way hey are forced to contact me. It is their job, not mine, to stand hours waiting on phone, bloody corporation from hell.

    I'm guessing you posted in the wrong thread (otherwise you've lost me :) )

    Cancelling a DD is never a great idea by the way.
  • Thom_M
    Thom_M Posts: 4 Newbie
    edited 13 September 2017 at 9:20PM
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    I'm guessing you posted in the wrong thread (otherwise you've lost me )

    No, it's the right thread. Talktalk wants Tentel customers to register on their system to access their bills, which they in all likelihood won't send in paper form. But the account number necessary to register online is on those bills!

    I refuse to do the "shadow work" (see wikipedia) of hanging on the phone for hours to call companies from hell who don't do their job.
  • [Deleted User]
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    Thom_M wrote: »
    No, it's the right thread. Talktalk wants Tentel customers to register on their system to access their bills, which they in all likelihood won't send in paper form. But the account number necessary to register online is on those bills!

    I refuse to do the "shadow work" (see wikipedia) of hanging on the phone for hours to call companies from hell who don't do their job.

    Ahh, I was presuming that you can still log in to your Tentel account as the following seems to suggest:
    How can I pay my bill?

    If you normally log into MyTenTel to pay your bill every month, you can continue to do so through the normal URL.

    https://www.uswitch.com/broadband/guides/tentel_customers_moved_to_talktalk/
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