TalkTalk contract release, need help.

Boylsie

:mad:Hi,
I've been having problems with my talktalk broadband and I have been trying to get them to release me under their "Broadband speed code of conduct" which is regulated by ofcom. They are currently refusing to release us so i started taking log of the interactions with them.
Our contract:
Value line rental- £114 upfront for the year
TalkTalk essentials package (Unlimited Broadband up to my lines maximum speed and free evening and weekend calls) free for 6 months then £6.50 a month thereafter.

My log of interactions:
http://shrib.com/7cQRg8F4

Latest Speedtests:
http://imageshack.us/photo/my-images/46/s0j9.jpg/
http://imageshack.us/photo/my-images/40/b6zx.jpg/

Could I get some help with how I can proceed and if I should try to take this to small claims or anything?
Thanks, Chris

macman

The speed you were advised is up to 8Mbps. 3.12mbps is well over the defined minimum for a broadband service to be considered as broadband, so that alone is not sufficient grounds for you to void your contract without penalty. Estimated speeds are just that (estimated), and not in any way binding. If 3.12mbps is all that your line will support, then that's all you'll get-TT have no control over the line speed. As to downtime, no provider guarantees 100% uptime, and there is no SLA on a residential contract. You should ask for a credit for any downtime, and that should be granted, possibly plus a small consideration for the time wasted.
What has the small claims process got to do with a contract dispute-unless you are looking for compensation?
We all know that TT's CS is hopeless (that's why they are so cheap), but I see no way that you'll be released without penalty on this basis. And if you are, and the cause is a local line fault, then switching provider will make no difference.
PS: if you have a line fault (noise/crackling, lost dial tone) then report it as such (don't mention your broadband), and TT should pass the request onto OR to check the line. If you report it as a broadband fault then the buck stops wth TT, who have no power to do anything to the actual line.
PPS: to carry out meaningful speed tests, you need to be connected by ethernet (not wireless) to the BT test socket behind the master socket split faceplate. Not to an extension.

Boylsie

macman wrote: »

The speed you were advised is up to 8Mbps. 3.12mbps is well over the defined minimum for a broadband service to be considered as broadband, so that alone is not sufficient grounds for you to void your contract without penalty. Estimated speeds are just that (estimated), and not in any way binding. If 3.12mbps is all that your line will support, then that's all you'll get-TT have no control over the line speed. As to downtime, no provider guarantees 100% uptime, and there is no SLA on a residential contract. You should ask for a credit for any downtime, and that should be granted, possibly plus a small consideration for the time wasted.
What has the small claims process got to do with a contract dispute-unless you are looking for compensation?
We all know that TT's CS is hopeless (that's why they are so cheap), but I see no way that you'll be released without penalty on this basis. And if you are, and the cause is a local line fault, then switching provider will make no difference.
PS: if you have a line fault (noise/crackling, lost dial tone) then report it as such (don't mention your broadband), and TT should pass the request onto OR to check the line. If you report it as a broadband fault then the buck stops wth TT, who have no power to do anything to the actual line.
PPS: to carry out meaningful speed tests, you need to be connected by ethernet (not wireless) to the BT test socket behind the master socket split faceplate. Not to an extension.

When speaking the TalkTalk they said my miniimum speed I will be getting is 7mbps, average 11mbps and maximum 15mbps. They definately said MINIMUM not UP TO, so I believe that there are definite grounds for contract release as this is what the promised me when I signed up for their service. I understand nobody offers 100% uptime but this cuts out several times a day, which i have never had with anyone else. We would also be changing to Virgin Fibre Optic broadband so there would be no problems with the local line as i wont be using it for the Fibre.
As with small claims I want to be refunded for the £114 I paid for the line rental and I dont want to pay the Contract release.

Sooler

Pay the release fee and take the loss - it will be worth every penny.

macman

So if you can prove that line speed claim, you have a case. Can you? I doubt it.

Boylsie

The release fee is like £120 and to keep the contract is £39, I'll see what the engineer says tomorrow and then what talk talk says, because at the moment we are getting under 1mbps download...

macman

What engineer? TT don't have any 'engineers', they have Qube reps, who can only do the same checks on your internal wiring and extensions as you can yourself. Have you done the basic line tests I mentioned?
If there is a line fault, they need to get BT OR to send an engineer, who can check up to and including your NTE5. Anything downstream of that is up to you.

standinman2009

T T use the same engineers as BT Openreach so would be the same class of support if its a line fault .if its your equipment they will charge i think probably TT!

Boylsie

they said they were sending an engineer tomorrow

edit: there is no test socket behind the faceplate

chanz4

sounds like either new build or very old socket, if the later expect a bill

Boylsie

we are students renting the house so i'm hoping the landlord would pay for the later.