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BT -> TalkTalk : any way to avoid early cancellation fee?

I currently use Sky as my ISP but they havent got their LLU services in my exchange so am stuck on the connect package which is awful. Looks like the best I can get is talk talk so took them up on their offer which obviously means leaving BT.

I have just had a letter from BT saying I will owe them just over 60 quid in early cancellation charges because I started a new 12 month contract in October when they called up and convinced me to take another package (something like evenings and weekends changes to evenings and weekends unlimited - cant remember the actual names now). Didnt really get anything extar but they made it sound like I might as well take it up as it didnt cost any more. Is there any way of getting out of this early cancellation charge? I found the bit of paper that came after the phone call and it said as they were already supplying the services I had no right to cancel - how on earth can that be right? I thought anything sold over the phone was subject to distance selling regulations and 14 day cancellation etc??

As it happens I will still save more money over the next few months with the reduced internet/line rental package but thats not the point is it!! :(

Comments

  • kwikbreaks
    kwikbreaks Posts: 9,187 Forumite
    It's probably the evening and weekend free calls package which they should (and probably did) explain comes free but involves a 12 month contract. I think they are dishing this package out purely to lock people in and I doubt that there is any way you can avoid the cancellatioon charge.
  • dave76
    dave76 Posts: 252 Forumite
    hmm, as I feared. Very naughty in my book and I will be warning other people about it
  • Sooler
    Sooler Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    See this thread http://forums.moneysavingexpert.com/showthread.html?t=2161401

    may be possible to cancel your contract because of the BT change to evening calls moving from 6pm to 7pm
  • I have just got rid of them, and now with BT, so far so good. I basically complained till I was blue in the face and wrote several times and then with nothing back from them just wrote a final letter saying as they had been so poor and not replied, not fixed the problem etc, I cancelled the dd and I havent heard anything more from them, gone in a puff of smoke - least if you write you have evidence of your complaint. :beer:
  • dave76
    dave76 Posts: 252 Forumite
    ah just found it - I moved from

    Unlimited Weekend Plan
    toUnlimited Evening and Weekend Plan

    at seemingly the same price (37.50/qtr). I'll check out that other thread and see if it helps. Thanks!
  • Beckety
    Beckety Posts: 159 Forumite
    Had the same problem about a month ago when we moved from BT to Talk Talk. I phoned BT and asked them to send me a copy of the contract that I'd signed - I said I didn't remember agreeing to sign up to a 12 month contract. They admitted that it was a verbal contract so they couldn't send me anything, therefore they couldn't prove that I'd agreed to it :D You just need to stick to your guns, they can't send you proof that you agreed to the contract therefore they can't force you to pay cancellation fees. I've actually ended up in credit and received a cheque for £39 last week from them!! :T Good luck.
  • mrJ_5
    mrJ_5 Posts: 1,064 Forumite
    If you've already moved your line rental, you can't use a change made to the service after you moved to get you out fee free.

    As per distance selling regulations - not quite sure about re-newing contracts being covered by them (it is possible), but when did you move the line rental? Was this within 14 days? Did you tell BT that you were basically cancelling them because of this?
  • dave76
    dave76 Posts: 252 Forumite
    No I didnt cancel in the 14 days, and I am not trying to use that in particular, I was just curious as to whether they can agree something on the phone and then you not have the right to cancel.

    I am currently in the process of moving - I setup the acount with TT last week so they are handling the notifications to leave BT, I havent spoken to BT myself yet...
  • TalkTalk
    TalkTalk Posts: 1,948 Organisation Representative
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hi Dave,

    It is unlikely that you'll be able to leave BT without paying the contract buy out fees. I would imagine they will have informed you of the new contract term when you took their offer and if you have agreed to this and not cancelled the new contract in the cooling off period then it will stand. Verbal agreements hold just as much weight as a signed piece of paper and there will be notes on your account stating that the new contract term was agreed.

    Cheers
    Emma x
    Official Company Representative
    I am the official company representative of Talk Talk. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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