Cold calling phone provider and distance selling regs

mcscoty1973

This question related to Talk Talk but could equally relate to any phone provider.

If you get a cold call from a utility to take up a new contract, or extend an existing one, do they have to write to you with information regarding the new contract?

from what I have read in the regs, they have to do so within 3 months but my understanding may be wrong.

The reason I ask is because they just charged me a contract breakage fee for a new contract I apparently took out in march, I was unaware this actually happened because I never recieved any information about the new contract. I always demand written evidence when being cold called before agreing, so I can read and understand the terms in my own time, they obviously failed to do so on this occasion.

They failed to obide by my terms, so why should I be obliged to obide by theirs?

Help/advice please, I am sure I wont be the only talk talk customer this has happened to.

Buzby

In a word, No. It would be courteous if they did - but they can say you were informed when the service was modified. Contracts are not 'extended' they remain current as long as you pay. The minimum term may change as you modify services and requirements, but then they all do that these days.

Finally, it cannot be a 'cold call' if you are already a customer of the network. You already have an existing relationship, and only if you opted out from marketing calls would you make an issue of this. Strangely, your terms are irrelevant - did you send a copy of them to the supplier and given them an oppertunity to accept? Without this, you have no terms that are enforceable. Theirs against you WILL be viewable, and should have been provided to you, which means they will be fully enforceable.

It is a steep learning curve!

macman

A verbal contract has exactly the same legal validity as a written one. It is not necessary for you to receive a written contract, or to accept it in writing, for a contract to exist. You may well have accepted a contract extension on the basis of the call.

mcscoty1973

Buzby, I dont agree with your argument, suprisingly enough :-)

If a verbal contract can be enforcable then it surely has to work both ways. When I agreed it was explicitly on the condition that full and detailed information was sent to me in writing before I agree to proceed with it. I was informed by the operator that this was indeed going to be the case and that nothing would happen until the details had been sent out to me in the post.

As I have never been sent these terms, and it is a policy of Talk Talk to do so, then I would argue that I can't be held to the contract because they failed to meet mutually agreed terms on at the time the call was made. What they have done is put me into a contract that I did not give them permission to do so, until my terms were met. I do not see how any company can effecively force you into a new contract and you have no recourse on this.

Buzby wrote: »

In a word, No. It would be courteous if they did - but they can say you were informed when the service was modified. Contracts are not 'extended' they remain current as long as you pay. The minimum term may change as you modify services and requirements, but then they all do that these days.

Finally, it cannot be a 'cold call' if you are already a customer of the network. You already have an existing relationship, and only if you opted out from marketing calls would you make an issue of this. Strangely, your terms are irrelevant - did you send a copy of them to the supplier and given them an oppertunity to accept? Without this, you have no terms that are enforceable. Theirs against you WILL be viewable, and should have been provided to you, which means they will be fully enforceable.

It is a steep learning curve!

mcscoty1973

Macman, I am aware that this is the case, but for it to be enforcable they must keep a copy of the conversation, and in that conversation I explicity said I was not agreeing to a contract unless the details were sent to me first so I could examine them.

I can't see how they can make this contract enforcable in this situation.

Also I have been doing a bit of research and they are breaking Ofcoms rules by selling phone contract in a dishonest manor. by dishonest, I mean by them not meeting my terms, but still putting me into a contract, and by not doing the open and honest thing by sending me details of what I had verbally been signing up for, as most companies do.

macman wrote: »

A verbal contract has exactly the same legal validity as a written one. It is not necessary for you to receive a written contract, or to accept it in writing, for a contract to exist. You may well have accepted a contract extension on the basis of the call.