Want to know my rights (Talkmobile)
Comments
-
I've used that Ombudsman three times - including once for Talkmobile. Don't expect a good outcome. They pay lip service to customers and see their role as shielding the network. Not sure they actually logged a complaint either - they won't do anything until 8 weeks have passed or (in the case unlikely) Talkmobile send a letter of deadlock.0
-
A call handler at the ombudsman may give you a tentative answer - the proof of the pudding comes in a final adjudication, which usually relies heavily upon your contract. If you check this it will be for the provision of a nobile phone service.
I've not been a Talkmobile customer so not familiar with their contracts, but in the companies I've worked for it will normally state that it is your responsibility to provide and maintain a working handset.
I know of cases where this has been taken to an ombudsman and the company has been found to be handling the matter correctly.
You need to pursue your formal complaint. Have you tried the webchat option to obtain a written record of your complaint?
Finally adaptors are readily available for a Nanosim. If you receied gthe sim as a 3 in 1 style package you have one already, or just pick up a free SIM or even pay £1 for one. Some of ther pound shops even sell SIM adaptor packs.0 -
mobilejunkie wrote: »I've used that Ombudsman three times - including once for Talkmobile. Don't expect a good outcome. They pay lip service to customers and see their role as shielding the network. Not sure they actually logged a complaint either - they won't do anything until 8 weeks have passed or (in the case unlikely) Talkmobile send a letter of deadlock.
We cross-posted, unfortunately both ombudsmen services in this industry have a
reputation of relying upon the letter of the contract, rather than what consumers might expect. It's best to manage expectations in advance.0 -
Here are the terms and conditions applicable to me. Absolutely nothing in there about them not being a phone provider:
https://talkmobile.co.uk/t-and-c-sept-20160 -
Not entirely correct. If the phone is under six months then the retailer must provide a remedy unless they can prove the phone is not inherently faulty. If the phone is more than six months then the consumer needs to demonstrate that the phone is inherently faulty before the retailer is obliged to offer a remedy (the retailer may have a less stringent policy, but this is over and above their statutory position).
This post explains your legal position. If you bought the phone from Talkmobile then they are the retailer. Even if the phone was "free" your consumer rights apply because it is not truly free, it is part of your contract.
If they refuse to help you then you can try logging a formal complaint, and if still no joy to the Ombudsman. As an alternative you can get an independent report stating that the phone is inherently faulty and take them to small claims court.0 -
So it's a basic consumer rights issue? I was issued the phone at the start of December 2016, so it's more than 6 months old and less than 12 months old. I'm currently following the formal complaints procedure. The ombudsman anticipates that they'll refuse to provide the technical support I'm asking for and refuse to send me a new phone in lieu of technical support, and therefore asked me to ask Talkmobile for a letter of deadlock at their earliest convenience if they're going to be inflexible.
If I don't get any satisfactory outcome through Talkmobile and the ombudsman, does anyone know how I might obtain an independent report stating that the phone is faulty? Is it as straightforward as going to a reputable computer shop and getting them to try and call it/call with it? I know that would probably cost me a significant proportion of what I would spend on a new phone, but I'd much rather pursue the matter on principle and create a legal precedent in court where a company like Talkmobile is deemed to be a mobile phone provider. The small claims court process isn't expensive.0 -
We cross-posted, unfortunately both ombudsmen services in this industry have a
reputation of relying upon the letter of the contract, rather than what consumers might expect. It's best to manage expectations in advance.
Relying on the contract, yes. However, THIS Ombudsman in my experience accepts whatever the network tells them (even when plainly doubtful) and takes absolutely no account of the customer's version. In my case, I did get a small amount of compensation because the paper trail shows they ignored my complaint. However, the very nature of the complaint was for a tiny amount that was completely unjustified. i.e. I was on a 24 month contract and the Ombudsman accepted that could mean the minimum term was longer than two years. It referred to whatever the contract said - despite having no copy of the actual contract (I wasn't sent one) and the network completley failing to provide one to the Ombudsman. I signed up to a 24 month contract and provided written proof of that at the point of sale. It said it was a 24 month contract; according to the Ombudsman, it could be whatever the network said it was despite their being absolutely no evidence to support that. .0 -
That doesn't give me much hope with the Ombudsman, though I have to say that the guy I spoke to at the Ombudsman was extremely interested in the case and very willing to help with advice.
Still, if it's a consumer rights issue then the Ombudsman's opinion will ultimately be irrelevant, as I can simply obtain proof that the phone is faulty despite not being physically damaged and then assert my rights accordingly.0 -
Interesting development: Talkmobile's final response is to say what we expected them to say, but ground their assertion that the terms and conditions do not cover mobile phones themselves by quoting the following from the relevant terms and conditions:A. This Agreement covers the SIM Card and any Services I use in my Plan. It's made up of the Pay Monthly Customer Agreement, the List of Charges Guide, Privacy Policy and any additional products or services I choose to use or take.
I wonder whether this very clause could be used to contend the opposite position. Surely 'any additional products [...] I choose to use or take' could be construed as encompassing the phone itself? It's a product I've chosen to take (rather than go for a SIM-only deal).
As I see it, there are two arguments against Talkmobile here, one general and one specific. The general is where I might have least success, because if the Ombudsman accepts it, it will set a precedent for all such relationships. Plus they've probably received and rejected such claims in the past. The general argument is that a party that provides a phone in return for (i.e. conditional upon) some form of commercial gain is by definition a phone provider, and that Talkmobile's assertion that it isn't a phone provider is no more convincing than an escort's claim that you're only paying for her time rather than for sexual services.
The specific argument pertains to the wording in these specific terms and conditions, and is therefore only generalizable to customers of Talkmobile who are bound by this specific set of terms and conditions (from September 2016 onwards). Perhaps the Ombudsman will be more receptive to this argument because it will only be going against one provider in relation to a specific subset of customers. As I stated above, it would be picking up on the clause that supposedly excludes the phone, and yet states that the agreement covers 'any additional product [...] I choose to use or take'.0 -
They can't use their own terms and conditions to avoid their legal obligations. Given what others have said about the Ombudsman I would go straight to small claims.
I do wonder what Talkmobile's position would be if you cancelled a plan within fourteen days but refused to return the handset. I would expect them to then rely on the consumer law that they currently deny exists!0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards