Is there a duty to advise a grossly unsuitable tarrif?

barfield

I have not been well and over the last three years have made thousands of calls to various helplines incurring enormous bills in
the mistaken belief that we had daytime free calls not just evenings
and weekends.

Two questions, should TalkTalk have alerted me to being on the wrong tariff? and should my solicitor who is handling my affairs at the moment have checked my direct debits and queried the bills.

More in hope than expectation..........Barfield.

macman

But how were TT to know you were on the 'wrong' tariff? A computer generated your bills, they're not read by humans to check if you are making lots of exclusive calls. It's not their job to pick your tariff.
I appreciate that you have not been well, but you would only have had to check one single bill in 3 years to see that you were paying for daytime calls.

georgiebest7

TalkTalk have no duty toward this as they have offered you a variety of calling plans. If your agreement with your solicitor was such that he was supposed to check every single bill of yours, you could have an argument with him but that's about it I'm afraid.

barfield

Thank you both. Regarding the solicitor, I agree that checking all bills is not reasonable but checking one direct debit out of thirty six
would have been nice !

moonrakerz

barfield wrote: »

Thank you both. Regarding the solicitor, I agree that checking all bills is not reasonable but checking one direct debit out of thirty six
would have been nice !

Perhaps he checked the other 35 ?

macman

Checking the DD's would not have told him anything, other than that you spent a lot of money on the phone. If you took out the original contract, how could it be his job to change it?
He's a solicitor, not a lifestyle consultant.
Did you also expect him to query your house insurance to ensure that you weren't paying too much?