Talk Talk dispute - what can we do?

ricardinho88

Hi all,

Let me start by saying you should avoid Talk Talk like the plague. They are the worst, clueless and most unprofessional company I've ever had the displeasure of dealing with.

Anyway, to my problem.

We were signed up for Talk Talk's fibre broadband and then we moved house. Before moving into the new property, we were told that fibre broadband isn't available there so we had to either sign yet another 18 month contract for their lower package, or pay cancellation fees to cancel the fibre contract we signed only a few months beforehand. Now is it right that they can charge cancellation fees for a product that they can no longer provide? Why should I be penalised because they aren't able to provide a service?

Anyway, there was absolutely no way we were signing another 18 month contract with them, so we signed up for an infinitely better package with Sky. When Talk Talk realised that we were no longer at the old property, they sent me an email saying they were cancelling our service and demanded we pay our bill plus the cancellation charges. Well by this point I'd had more than enough of this company, so I called them looking to pay whatever I needed so they'd leave us alone. The lady informed me that she was sending us the final bill and once I recieved it, to give them a call and see if we can get some of the charges waived (for their terrible service). Finally some closure!

Anyway, a few weeks passed and no final bill arrived. We then recieved a bill yesterday from a debt collector, demanding the cancellation charges and a £50 fee! So instead of sending us a final bill so we can can settle up, Talk Talk passed our case straight to a debt collector! I'm absolutely fuming. So not only are we being pursued for a debt that we had every intention of paying directly to Talk Talk in the first place, it has also put a default on my partners credit report.

I'm really not sure what we can do. Is there any way we can dispute the default, or dispute the charges themselves with Talk Talk? I've considered the Financial Ombudsman but I'm not sure what outcome I'm looking for, and if it's at all possible to get a positive outcome from this anyway.

Sorry for the long post. Any help would be much appreciated.

JJ_Egan

They could provide a service but you choose to move .
You then choose to not pay this valid contract off at the old address .Neither did you take up the offer made to start a new contract .
Standard from any ISP you broke the contract that you had taken out at your old address not some/ any other address .
Its a valid debt and all your fault .

See multiple identical posts on the forum.

ricardinho88

No they couldn't provide the service that I was currently contracted for (fibre) at the new address, so can they really charge me for cancelling the contract even though they aren't able to provide the service I'm contracted for??

And as I said I have no problem in paying the cancellation charges, and I was going to once I recieved my final bill. The problem is they didn't send a final bill and passed it to debt collectors anyway!

LazyTyper

ricardinho88 wrote: »

No they couldn't provide the service that I was currently contracted for (fibre) at the new address, so can they really charge me for cancelling the contract even though they aren't able to provide the service I'm contracted for??

And as I said I have no problem in paying the cancellation charges, and I was going to once I recieved my final bill. The problem is they didn't send a final bill and passed it to debt collectors anyway!

What JJ Egan said is completely correct.

When you move home, you essentially cease the old contract and begin a new contract at your new premises. Talk Talk, as a gesture of goodwill, will release you from the old contract at your old address on the condition you take up a new contract at your new address.

The situation is not that Talk Talk "aren't able to provide a service", but instead, you are moving to a location that can not obtain the same product you are currently on. This is your fault, not Talk Talk's.

Anyway, regarding the debt collection issue, I would advise you raise a formal written complaint with Talk Talk immediately. They should be able to resolve this, take payment, and remove the mark on your credit files.

macman

As above, the original contract is at the old address only, and no telcom offers universal service. If you move while in minimum term, you commence a new minimum term contract (with whatever service they can offer at that address), or you pay an ETC for breach of contract.
Nothing exclusive to TT about this contractual requirement, all telcoms will do the same.

parttimeskint

Not strictly true. Sky offer a free home move service and you continue your existing contract at the new address, no new contract. Also, if the same service is not available at the new address they will not hold you to your contract and will waive any early cancellation fees. it has been that way for years.

Doesn't help the OP though but I have seen the same misinformation posted loads of times now so thought I would clear that up.

ricardinho88

Here's a quick update.

Despite me requesting a final bill so I can pay what I owe, they passed my details to a debt collection agency and we've already recieved a couple of threatening letters from them, which is causing a great deal of stress for my heavily pregnant other half.

I really want to get it sorted out but I don't know where to start. I'm absolutely disgusted by the way we've been treated so I'd like to make an official complaint to the ombudsman service, but what would I need? Would I need all correspondence and correct dates and times of phone calls, or should I perform a subject access request and get all the info that way?

Would I have to deal with Talk Talk now, or the debt collection agency? Sorry for the million questions, I just don't know where to start

LazyTyper

If you have not already, follow TalkTalk's complaint procedure.

Raise a formal complaint (in writing).

The ADR (OS:C or CISAS, depending on which TT are a member of) will only consider your complaint if you have exhausted TalkTalk's complaint procedure.

It will help your case if you do have a copy of emails and letters, and list of phone conversations.

macman

I doubt that the regulator will be interested in your case even once you do go through TT's complaints procedure. You moved while in minimum term and terminated your contract early, which under the T&C's you agreed means that you will pay an ETC. You knew that the final bill remained unpaid (finals month's charges and the ETC) but took no measures to follow this up, and presumably cancelled your DD so that TT could not take this payment?
How long ago did you move?
I'd be more concerned about the effect on your credit history than trying to dispute the ETC.

ricardinho88

macman wrote: »

I doubt that the regulator will be interested in your case even once you do go through TT's complaints procedure. You moved while in minimum term and terminated your contract early, which under the T&C's you agreed means that you will pay an ETC. You knew that the final bill remained unpaid (finals month's charges and the ETC) but took no measures to follow this up, and presumably cancelled your DD so that TT could not take this payment?
How long ago did you move?
I'd be more concerned about the effect on your credit history than trying to dispute the ETC.

I just said that I did try to get the final bill sorted. I asked for them to send it to me, but they passed my file to a debt collector instead!

And yes I am concerned about the effect on my credit, which is why I'm pretty angry that they've created a default on my profile even though I had every intention of paying what I owed!

macman

But did you cancel the DD in order that they couldn't take the ETC, which you say you want to dispute (even though you've been advised that you have no case to avoid paying that)?