TalkTalk price increase and termination

marders

Can someone please explain this to me as I've been on the phone to TalkTalk and they are adamant the contract T+Cs read in their favour but to me it clearly does not!

Here's the situation...About 2 months ago there was a price increase of 75p (BT line increase I think). I had signed up for a new 18 month contract (having just finished 2 years) on the proviso that there would be no price increases. The contract T+C clauses in question are 9.16 and 15.1 (see below).

9.16 is my main gripe - it says they will give 30 days notice of price increase, fair enough. It then says if there is a price increase then we can terminate the services, provided we give not less than (ie at least) 10 days notice (in 15.1). So even though the price increase was say 2 months ago, surely I'm abiding by the T+Cs and can terminate now. TalkTalk read this as saying we have to give notice within the 30 days, or some other concoction that suits them. Like !!!!!!, where does it say anything like that? It clearly does not say any timeframe for us to terminate other than we must give at least 10 days notice. It may be (somehow miraculously) implied (if reading on TalkTalk’s end of the phone) but come on, if there is such a restriction on termination it should be a bit more explicit. Surely this is not enforceable and we can terminate without any penalty? All I want to do is move home and not sign up for a new 18 month contract, having already served 6 months (so now been a customer for nearly 3 years!!). Come on guys just be fair. It just means that if they don’t budge then in 12-18 months time (when contract finishes that they force me into) I will be gone and I’ll tell everyone I know to steer clear too. Word of mouth is a very powerful marketing tool…

Any ideas. There must be loads out there with similar experiences…

9.16 We shall be entitled to amend our Charges or change the Tariff Plan you are on from time to time and we will notify you of such changes by making the amended list of Charges available in Carphone Warehouse stores or on our Website. If Charges are decreased this will be reflected in your next bill. Should we increase the Charges we shall provide you with thirty (30) days notice of such increase and the increase will take effect from the end of that period. In this instance you may, in accordance with and subject to the provisions of clause 15.1, be entitled to terminate our Services made available under these Conditions.

15.1 We may change these Conditions at any time for legal, regulatory or commercial reasons. We will notify you of all such changes in writing and/or by publishing them on our Website. To the extent that such changes are to your material detriment or relate to an increase in the charges, we will give you at least thirty (30) days notice of such changes by writing to you and/or publishing them on our Website, or in the ‘Buyer’s Guide’ available in any Carphone Warehouse stores, or providing them on our Customer Services telephone line by way of a recorded message, or for changes to the Mobile Service sending you an SMS or by posting them on our website for the Mobile Service located at: talktalkmobile.com. If you object to such changes you may be able to terminate your Contract at any time in accordance with the provisions of clause 10 by giving us not less than 10 days’ notice.

Methanoid

Almost exactly same situation. My understanding was that if they changed the T&Cs of a contract then it was voidable under common law. When I tried this with TT they said

1) I was told 2 months ago and since I had called them and asked questions about changes then I had accepted the change (which is BS as far as I am concerned)
2) That I have 30 days from notification of the changes to T&Cs to refuse (not sure that holds water) - my argument would be that IF there is a 30 day limit then it should be from the date the changes come into effect

So I am in same boat. I don't want to be held to a contract that TT have changed. I've told them to stuff it and see me in court if they want to try. I've been in this sort of position before with telcos and they have always had to back down.

Like you, I hardly think CPW (Talk Talk) can be recommended if this is there position. I was furious when their retentions people told me that I had accepted the changes. Since they record all calls I suggested she try playing back the previous calls and see if I ever used the word "accept".

Having had TT staff be rude and abusive on the phone when they tried to sell me TT Broadband (and were too thick or poorly informed to know that TT have not enabled my exchange and could not offer me the service I might want), I am really not impressed.:T

Daveman09

Hi there, I am having the same problem. Due to being unemployed, verge of bankruptcy I have been forced to sell my house before it gets repossessed. To that end I have been running through cancelling all my contracts with utilities.

So far no problems with any, then I phoned TalkTalk, having been a customer since september 2006 I figured this wouldn't be a problem. I didn't expect it to be plain sailing becuase I have had nothing but bother with them since day1. It took them almost 3 months just to set me up with the crummy broadband service which was intermittent for the first year.... I complained by letter many times but no reply.

The problem: When ringing up to complain I was informed that because I had my contract switched. i.e. they cancelled my tariff and wrote to tell me I had to change tariff or it would automatically switch to one of the two offered.... Thus I according to them, I am now tied in to a new 12 month period - and this fact was allegedly explained to me at the time. I guarantee this conversation never took place.

So I explained this to the customer (lack of) service representitive, who merely retorted "well whether it did or not it is within your T&C's....etc".

To say I am infuriated is an understatement GRRR!

After trying to reason with the colleague I was informed that there was no avenue for complaint and all I could do was wait for bill, pay it and then complain after the fact- yeah right.

To this end I have cancelled my direct debit, I intend to pay them the correct payment (i.e. normal tariff, + bills - maybe the "no direct debit fee") when the bill comes, but they can take me to court for the £70 fee. If they can find my new address and contact me anyway....

Since cancelling the contract I have recieved a number of letters about my direct debit cancellation and moving house and asking for mac code etc, I told them at the time of the call it is a sale and after which I will have no fixed address....

I have little in the way of documentation but they too have no adequate evidence to justify their claims. Can anyone informed offer any constructive advice here, besides using an anti-talktalk campaign as my subject for my webdesign training till I get a job.

Help!!!!!!!!?