MSE News: TalkTalk raises prices for millions

macman

No you won't. Your contract does not finish in September, your minimum term finishes. After that it's a 30 day rolliing contract.

tony1941

Cypherite wrote: »

Interesting. I was offered the reduced rate but I just said I'm not interested since the letter advises of price rises and that I can cancel. I'm not sure how the above would stand up because to be honest they've notified you of a price rise to their basic charges. You've got a letter saying prices are going up - there's no other letter to say that this won't affect you. I'd say stick to your guns and tell them you're leaving.

Thanks, Cypherite, that's what I intend to do although my initial letter from TalkTalk just mentioned the price rise. It didn't say anything about right to cancel. After I gave notice I had another two letters saying I might be liable for cancellation charges. When I rang them to get a MAC code they agreed that cancellation charges would not be levied but two days later I had a phone call asking me to stay and that I was liable for these charges.

The other trick they are pulling is that if I disable the Direct Debit arrangement they will add £4.50 to any bills to make it easier for them to grab the cancellation charges and argue about it from a position of strength.

They have so many different departments who don't seem to talk to each other and the only letters they send out are computer-generated and non-specific. It really is dysfunctional customer relations.

Cypherite

tony1941 wrote: »

Thanks, Cypherite, that's what I intend to do although my initial letter from TalkTalk just mentioned the price rise. It didn't say anything about right to cancel. After I gave notice I had another two letters saying I might be liable for cancellation charges. When I rang them to get a MAC code they agreed that cancellation charges would not be levied but two days later I had a phone call asking me to stay and that I was liable for these charges.

The other trick they are pulling is that if I disable the Direct Debit arrangement they will add £4.50 to any bills to make it easier for them to grab the cancellation charges and argue about it from a position of strength.

They have so many different departments who don't seem to talk to each other and the only letters they send out are computer-generated and non-specific. It really is dysfunctional customer relations.

The question has been raised here it seems.

http://www.talktalkmembers.com/forums/showthread.php?t=79191

Photoman_2

Hello all,

RESULT !!!

After suffering a steadily worsening service from TalkTalk for some while, I'd decided I wanted to switch providers, but didn't want to pay the cancellation charges.

I was about to bite the bullet and enter into a fight with them over it, when I received Martins weekly bulletin, informing me I now had a right to cancel due to the recent increased line rental, and without paying any cancellation charges (although their own letters and emails informing me of their increase were rather remiss in not informing me of such rights... rather sneaky on their behalf I'd say) !!

I called to cancel, and they still insisted I WOULD have to pay charges, so I sent them the following email, and they've now backed down.

(you'll need to go to their website and navigate around until you find their online complaint link, and this will then also respond giving you a reference number, thus allowing you to prove you've submitted this, hence a better way to do things than to simply call).



So, in order to perhaps aid others I've decide to post up contents of the email .

Feel free to use (just add your own dates) and /or modify a bit for your own circumstances, bit I'd actually suggest not modifying it too much, as I spent quite some effort making it sound knowledgeable and informed enough to do the job, but without making any unfounded claims.

PLEASE NOTE, I HAD ACTUALLY CALLED TO CANCEL WITHIN THE 10 PERMITTED DAYS, SO THIS MAY ONLY WORK AS EASILY FOR YOU IF YOU HAD ALSO DONE THE SAME (....ALTHOUGH... IF YOU MISSED THE 10 DAY ALLOTTED SLOT, I DO THINK YOU COULD STILL ARGUE THAT THEY WERE REMISS IN NOT INFORMING YOU OF YOUR LEGAL RIGHTS WHEN INFORMING YOU OF THE PRICE INCREASES, AND SO THREATEN TO BRING SUCH FAILINGS TO THE ATTENTION OF OFCOM ETC).



HERE'S MY EMAIL :

---

On [INSERT DATE] I called Talk Talk to inform you that I wished to cancel my contract.

However, [INSERT DATE] I received an email stating that by my doing so could then make me liable for cancellation charges.

I refuse to pay such charges upon the following grounds:

1/ On [INSERT DATE] Talk Talk sent myself an email notification that their line rental charges would soon be increased.

2/ OFCOM has made it clear that if a service provider makes a change to a customers contract of "material detriment" then the customer is free to switch providers without incurring any penalties.
Furthermore, Talk Talk have themselves confirmed to various press sources that customers had 10 days from receiving such actual letter or email in which to then cancel their contract without incurring a penalty.

3/ The email from Talk Talk dated [INSERT DATE] in itself failed to provide any information whatsoever in regards to customers rights to cancel, it also came from an unmonitored email, and also provided no phone or other contact details for discussing such matters.
Therefore it is uncertain whether or not Talk Talk believed such cancellation rights were solely in respect of line rental charges, or whether Talk Talk agreed they were applicable to the contract as a whole.
However, the OFCOM rules refer simply to "the contract", and as I had a single contract for provision of a bundle of services, and as each part is reliant upon the others for both their provision and costing, then a change to one part also affects the provision and costing of the other parts, so it is impossible to divorce the constituent parts without incurring further financial detriment or severe operative problems .

4/ Therefore I was within my rights to cancel the contract in it's entirety, without incurring any penalty, which I rang to do on [INSERT DATE](within the 10 day period)

5/ Aside from the price changes, I also feel I had good prior cause to cancel my contract anyway, even before my current cancellation rights became effective.
Notably that Talk Talk have consistently failed to provide the core services as agreed under contract, specifically that ALL parts of the service (the Phone service, the Broadband and also the TV) were subject to frequent and lengthy outages and were also of general poor quality.
Talk Talk have also repeatedly failed to satisfactorily resolve such issues in a timely manner, or to take my complaints seriously.
Therefore, I contend that Talk Talk had themselves already breached the core terms of the contract anyhow, thus giving me additional rights to rescind the contract under statutory law.

6/ I note you have on [INSERT DATE] taken a Direct Debit payment for the invoice dated [INSERT DATE] covering advance charges and line rental up to [INSERT DATE](despite my being wholly dissatisfied with your services and also your responses to such issues).
Therefore, I have in fact now fully paid you for all core services up to the [INSERT DATE] which is when our agreement will then end.

7/ I note however that you have on [INSERT DATE] sent me an email stating I may still receive 2 further invoices from yourselves.
One I presume will be for any additional core charges or services that may still be incurred during this notice period (i.e. non inclusive phone calls or TV services).
However, the email also mentions that I may also be liable for a termination charge.

8/ I will not concede to or pay any such termination charges for all the reasons I given herein.
i.e. I had clear rights in law to cancel the contract in it's entirety without penalty, I have also given adequate notice, and have also fully paid for all services up to the switchover date.

9/ Therefore, I have now cancelled our Direct Debit agreement, so as to ensure Talk Talk cannot take any unlawful termination or similar charges from my account.
Please note this does not constitute a refusal to pay for any legitimate additional charges that may still be incurred during this closing period, for which Talk Talk should now bill me, and I will then promptly pay.

10/ If Talk Talk disagree with my interpretation of the facts and law, or my position regarding termination charges, I will vigorously contend any attempts to collect, enforce or register such claims by taking matters to OFCOM, Trading standards and/or other such authorities.
I have full confidence that such authorities would fully support my position, would wholly refuse to allow your claims, and may even take further actions, thus incurring great additional time, expense and loss of reputation for you, which would all be disproportionate to the sums in question.

Therefore I strongly suggest Talk Talk desist from pursing any course of action (be it a claim, any enforcement attempts, any registration of such supposed debt with any credit reference agency, or any similar acts) which would undoubtedly then prompt my involving such authorities.

---

Incidentally, I'm actually not really a "newbie", more just a lapsed member of MSE, previously known by the moniker "Thephotoman" (I was also a very active member of Consumer Action Group from around the time of all the initial Bank Charges reclaims).


Photoman

JLS3405

Ooooh just to warn you guys! Have you seen the TT news about losing UK based call centres?? Even the complaints department who I have a history with (!!!!) - who has UK based call centres now?? Anyone? Do I need a MAC?

AliBrum

I spoke with someone at talk talk who agreed that the cancellation fee would be waived. Then the bill came and payment was taken including a £50 contract breaking fee.

As our service had been disconnected we no longer have a phone line so I decided to email my query instead. A few emails were sent back and forth and they VERY CHEEKILY stated that Ofcom had agreed the charges. So I came onto this forum and wrote back to them using some of Photoman's template. I reminded that them that whilst Ofcom may have agreed the breaking charges, they do rule that they are not applicable when a change has been made to the contract.

This did the trick, just received an apology and they have asked if I would prefer my refund my direct debit or cheque.

Thank you so much for your post Photoman - it really did the trick for me!

Sheepstar

I've had all kinds of grief getting TalkTalk to cancel my contract. I phoned them (followed by a confirmation email) six days after receiving an email (11 May) telling me about their price increases.

They phoned me back to say that I would have to pay cancellation charges as they "put the announcement on their website on 1 May and I'd missed the ten days". Despite me telling them that they'd agreed with Ofcom it was ten days from notification, he still insisted the money would be taken with my last direct debit. I then got two letters and two more phone calls telling me the same thing. (During each phonecall I calmly explained the Ofcom rules to the operator who acknowledged I was right, indicating they know very well what they're doing.)

In the end I cancelled my DD and paid them by bank transfer for the final payment, as I knew they'd just take the cancellation charge anyway. (I got more letters and phone calls about the DD too...)

TalkTalk also threatened to stop me taking my number with me (it's my business number).

On the bright side, my new provider let me keep my number and were excellent. My new service went live a day early and I got texts / emails informing me of everything. AND they've got UK call centres