Contract breakage fee talk talk

becks1605

Hi
We have been with talk talk since July 2006 and recently changed to virgin media instead, everything seemed to go well with no problems, except talk talk wouldnt comunicate with me as the contract was in my husbands name. Just received my final bill which should have been in credit only to find contract breakage fee of £69.41, spoke to customer services and they said we had a new contract from July 2008 but couldnt provide proof.
Emailed talk talk to send me a copy of the contract they say they cant do, unless I send £10 for admin fee. They also said they had evidence of an agreement from July 2008 as there 3 months discount of £5 given, I now remember that call but as far as I remember they asked me if I was happy with the service and would I like to remain with them, to which we were and I said yes. But thinking about it as the contract is in my husbands name that agreement cant be legal?
Can someone help if we have to pay we will but throughout the transfer this fee was not mentioned once.
Regards
Stella

macman

Presumably they are saying you started a new 18m contract in July '08. Did you upgrade or change your package in any way at that time? The 'contract' is not a piece of paper, it's a verbal contract resulting from that telephone call.
If you did start a new contract then early termination charges will apply.

becks1605

Hi
No new package just a continuation of service, wasnt aware it was a new contract.

Eastangle

I have had exactly the same experience with TalkTalk. I have been with them several years and took their line rental as soon as it wa available and added broadband about 4 years ago. In October 2008 I had a similar call and was told I would be given a discount on phone calls for 3 months as a longstanding customer and if I was happy with the service and wanted it to continue. At no time was I aware that this was creating a new contract. Now that I want to move to Virgin they say I will have to pay the termination fee. I have been one of the lucky ones who have received reasonable service, but this betrays all trust I put in them, they are guilty of deceipt and taking advantage of that trust.
What is the legality of a verbal telephone contract, how can they be sure a customer has heard all of the call, lines and telephone equipment are not always crystal clear and some people (myself included) have bad hearing. I am wondering if it is worth contesting the charge.

macman

A verbal contract has exactly the same validity as a written one. Invariably with TT when you accept a change to your existing tariff (in your case a discount) this is considered as commencing a new contract.
Perhaps it would be worth you seeing out your current 18 month term, which presumably runs out in April?
NB: if you do move to Virgin, you will find that they do exactly the same thing in respect of extending your contract under these circumstances.

DVardysShadow

macman wrote: »

A verbal contract has exactly the same validity as a written one. Invariably with TT when you accept a change to your existing tariff (in your case a discount) this is considered as commencing a new contract.

By TT it might be considered a new contract, but I think it is very arguable that it is in fact a variation to an existing contract. Certainly, if theis is what the customer understands it to be, then it will either be the customer's view or a frustrated contract.

Time some of these companies were slapped down.

m00nie

having a right nightmare time with TT at the minte..

my mother had the sky sales team knock at her door and so she signed up for sky tv and sky talk talk

paid talk talk to have bt line installed. switched over from virgin.

she has now been cut off talk talk as they say a thrid party have said she is switching to them.. no idea who the 3rd party is..

sky talk talk dont wana know.. they said contact bt to get line back in :S

so got 71 year old pensinoer with no phone now and out of pocket

guess they only bothered about the 18 mopnth contract when it suits as my mums contract was couple months old...

macman

Why did your mother switch from TT to Sky if she had only contracted with TT 2 months earlier? The standard TT contract is 18m.
If she signed up with TT to get an ADSL line installed then this was probably a TT LLU service which will not work with Sky.
Are you confusing Sky Talk with Talk Talk?

m00nie

yea its sky talk..

rush of the moment.. blood still boiling.. lol...

sorry op.

vito113

becks1605 wrote: »

Hi
No new package just a continuation of service, wasnt aware it was a new contract.

Yes, that's what I thought but when I tried to cancell… "Oh no Sir, it's a new 18 month contract and we'll sting you big time if you try and leave'

vito113

Eastangle wrote: »

I have had exactly the same experience with TalkTalk. I have been with them several years and took their line rental as soon as it wa available and added broadband about 4 years ago. In October 2008 I had a similar call and was told I would be given a discount on phone calls for 3 months as a longstanding customer and if I was happy with the service and wanted it to continue. At no time was I aware that this was creating a new contract. Now that I want to move to Virgin they say I will have to pay the termination fee. I have been one of the lucky ones who have received reasonable service, but this betrays all trust I put in them, they are guilty of deceipt and taking advantage of that trust.
What is the legality of a verbal telephone contract, how can they be sure a customer has heard all of the call, lines and telephone equipment are not always crystal clear and some people (myself included) have bad hearing. I am wondering if it is worth contesting the charge.

Offering 'discounts' is a trick TT use to keep you hooked into new contracts without telling you. I fell for that one.