TalkTalk 'free' YV box cost £100 - Legal?

stickgal

Hi all @MSE

Ive been on TT with Essentials TV (ETV) for a bit, and when my contract ended, I upgraded to Plus TV (PTV). This was done on line, but I additionally had a reason to call Cust Servs.*(the website said 12month contract in all ads, banners & at checkout, but confirmation email said 18 months, but thats another issue). The point being I discussed my 'new' contract with a manager at CS.
So, contract fulfilled, and therefore my 'free' you view box was no longer needed. It was 'free', NOT 'free rental'. That was TTs conditions, & I fulfilled them.

8 weeks into my new contract, I got a charge of £100 on my bill for my old box.....my old 'free' box?!
Now, the T&C's for my old contract DO state that if I do not fulfil my contract for whatever reason, that TT can request return of equipment, or levy the £100 charge if they do not get a return. (T&C's point 6.1.2, 6.4 & 6.5)
I understand that, but I HAD fulfilled my contract.
There was no T&C saying that the box needed to be returned post contract, just in situations during the term.
Therefore IMO I no longer need to comply with a contract that has been satisfied, and therefore the T&C's do not apply post-contract.

*Additionally, I had never been told that I needed to return the old box during my conversation with the manager when I took out my new contract, and TT have never requested any return whatsoever; verbally, written, email nor in T&Cs for my new contract. Just a £100 levy 10 weeks after.

(If I took out a mobile phone contract with a 'Free handset' then surely at the end of the contract that equipment belongs to the customer? To me, its the same thing!)

I called CS & spoke with a manager who told be that 'TT policy is that a customer cannot have 2 YV boxes in their home at any one time' Huh? What business is it of theirs WHAT I have in my private residence?

And surely, back to the original gripe, the box was 'free', NOT 'free rental', so therefore I feel they have no reason to ask for a 'free' product to be returned anyway, when I complied with the T&C's, and the old contract is null & void.

I was on the phone to CS for 1 1/2 hours so lots of things were said but this is a long enough post anyway, I can elaborate.

They've suspended the £100 levy for this billing period as I disputed that they requested a return anyway, but are sending me a returns bag. BUT they told me if the box gets damaged in transit, (with THEIR carriers I may add) that they can charge me £100.

So, legal or no? Is the 'free' equipment chargeable when the contract has been satisfied, or did TT's marketing machine make a mistake when they advertised it as 'free', and so cannot ask for it back nor levy any charge?

Do other providers do this (BT etc) & if so what point of law continues a contract when its done?

Thanks everyone, I want to fight this out of principle but if I am wrong, then ok, I will concede.

Clo

stickgal

To add insult to injury, look at post #3 on
'leaving TalkTalk - equipment'
Grrrr!!!!

Right, facebook here I come, allegedly this generates a CEO response

Cornucopia

Based on your experience, I would have thought that they've made a mistake.

TT are a weird company in a weird industry. If you've only spoken to the Indian call centre, so far, go back to them and ask to speak to a supervisor. Explain your issues again, and ask if you can speak to the UK Loyalty team to restructure your contract.

"Free" is a term that has been defined pretty flexibly by the Advertising Standards Authority, and it certainly covers "free" equipment supplied with a fixed term contract.

The fundamental problem with TT TV is that there is no paid-for TV infrastructure as such, other than the YV box which is, as you say, supposedly free. The generic On-Demand players are standard to YV, and Talktalk TV costs extra.

They therefore have a problem if people realise that after the 18 month contract period, the TV can be opted-out of, but the YV box kept and still used.

My own situation is complicated by the fact that I had just moved house, which TT had messed up, and my new ADSL broadband was too slow to support TV. Their initial response was to say that I could upgrade (at my cost) to fibre, or pay the penalty to get out of the contract. I objected to this, and after some discussion, the supervisor cancelled the TV part of my contract at no charge, and put me back to the UK Loyalty team to see if they could retain my custom at all.

The UK guy was very good, and understood the issues straight away. He upgraded me to fibre (which was cheaper than the TV subscription) and gave me a free fibre install. I never did receive the returns bag for the YV box, and am still using now, looking forward to Netflix in the New Year.

stickgal

I agree that you need to have a thick skin & be stubborn to negotiate with TT. I have said that its a case of who blinks first with them.
Interestingly, I have found this on their website on a pop up which is generated with the TTEssentials information page:

"[/Join or upgrade to Essentials TV and keep the YouView box forever."CENTER]
I think rather, thats a done deal...... customer retentions, here I come......

stickgal

UPDATE
I trawlled tt website & found this :

(https://sales.talktalk.co.uk/product/tv/essentialstv )
which if you click on the 'youview' option in the 'whats provided' list will generate a pop up. (see above)
As mentioned it confirms that customers can keep their boxes after the contract is done 'forever'.
New call to TT Cust Retentions team & she verified that I did indeed not need to send it back and I should never have been asked for it to be returned.
My route thro to the team was : Customer Retentions, and told the automated voice that 'I want to leave Talktalk', and when asked 'are you moving home', replied 'No'.
NB: I ALWAYS ASK FOR THE CONVERSATION REFERENCE NUMBER WHICH SHOULD COME IN THIS FORMAT: *-00000*-******-0. I tell you this as then YOU have a point of reference to make the agent accountable for the promises.
Failing that, always take a screen shot of anthing that will back you up, and if they skirt around giving you the coversation number, ask for the persons ID number: (Usually 3letters from 1stname, 3 from 2nd and a number eg, bob smith could be 'Rbrmth7').

Once they have promised you the world, give a little small talk, then ask them to re read to you any notes they have put regarding your complaint. That way they cant make it up.

That said, I will be looking closely at my bill in feb, to make sure they do not apply the £100 charge again, and if so, Im so having em!

stickgal

stickgal wrote: »

To add insult to injury, look at post #3 on
'leaving TalkTalk - equipment'
Grrrr!!!!

Right, facebook here I come, allegedly this generates a CEO response

Looking on Facebook, its just a site (closed) where ppl can make comments on posts, not actually post. They simply ask you to 'in box' them!

teddysmum

If you leave Sky (and others) and then return within a year, you are not deemed to be a new customer, so don't get another free piece of equipment.


Perhaps the charge is for the new box, as you aren't eligible for another free one, but this should have been explained.


However, people having older Sky boxes have haggled to stay, if they get a new free upgrade.This it is not automatic and up to the customer to negotiate.