Talk Talk Contract For Free BB - Do I have a case?

deepseadiver

Legally, do I have a case in this scenario. I was promised Free BB this time last year when I signed up for the phone. They said it would be september but now they will not provide for free. These are the emails between us so far -
Me - "I have an agreement which was signed by me and completed by one of your agents from a result of a cold call on 070706 sating that I would have "free" broadband in September 06. You have sent to me a modem which reamins un opened and intact. Are you going to provide me with Free BB as it states in my contract with you or shall we meet in the small claims court"

Reply Them "Thank you for your e-mail regarding your Broadband.

I'm sorry to hear that we have not corresponded with you yet.

I have checked our data base and your Broadband was rejected.

Could you please supply us with a MAC ( Migration Authorization Code).

This MAC you will be able to get from your previous service provider.

Please accept my apology for any inconvenience this has caused.

Me - "I can do this but please could you advise me as to whether or not I will be provided with free BB as stated on my contract"

Reply Them - " Thank you for your email regarding your Broadband. As BT still controls your exchange, we are unable to offer you free broadband but can do this alternatively for a reduced price of £10 per month (when taken with our Talk 3 Plan and line rental or Talk 3 International Plan & line rental). This is because without our equipment in the exchange, we are unable to control your connection, and as such it goes through BT's servers which make all charges payable to themselves.

However, £10 per month still represents fantastic value for Broadband and is still much cheaper than any other competitor on the market at present. What's more, we will try and get you connected at the fastest possible speed on your line, which means the £10 per month charge is fixed, with not a penny more to pay, even if we make your connection faster.

The total package price comes to £30.99, which includes £10 for Broadband, £9.99 for Talk 3 International and £11.00 for Line Rental.

At present we are unable to state if there will be any availability in your area on the free broadband in the near future. The availability checker currently includes all exchanges that are planned to be upgraded with our equipment which extends in to 2008. If your area is listed as not available for LLU, then at present, there are no confirmed plans for your exchange to be upgraded. This means that as long as BT controls your exchange we are unable to offer a 'free' broadband service."

Me - "Apologies for the delay in my reply. It states on my contract, in a hand written section, completed by the sales person who called at my door on the date of signing that my broadband would be free in September (2006). This is a clear cut breach of contract which I am willing to take to court. I can, without hesitation provide evidence of this. I would be pleased if you could review this further in detail."

Reply Them - "Thank you for your e-mail regarding your Free Broadband order. I apologise for the conflicting information you have received with regard to the Free Broadband service at your exchange. However all dates that were made available in the past were provisional dates of the plans for the exchanges to be enabled with Free broadband.

However, there have been delays in some areas with the work that was previously planned to be done. Now there are no outdated timescales for your exchange.

If you have any other enquiries please reply directly to this email, or you can contact our Customer Service Team on 0870 444 1820 (Please note that this is free from a TalkTalk landline).

For technical support please contact Broadband Technical Support on 0870 087 8777
(Free from a TalkTalk landline, calls from all other provider will be charged at standard rates). You can also email broadbandsupport@talktalk.co.uk or visit our website at http://www.aol.co.uk/talktalk

normanmark

Not a big case tbh, i always remember that when they advertised the 'free' service, their terms & conditions stated that if you did not live in an area where your local exchange is LLU enabled then you'd have to pay £10 a month for the broadband service!