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Still paying for an old contract....

Hi all. Just discovered I am still paying for an old contract which should have been cancelled in December 2013.
It was with Talk Mobile through the carphone warehouse. I went in to the Carphone Warehouse in Dec 2013 to cancel the contract and take out a new one with a different provider.
I can remember that I had to pay off quite a large amount of money to cancel the contract as it wasn't due to finish for a few months.
However, just about to sort out a new phone and discovered that Talk Mobile have been taking £15 out of our account every month since then.
I know we should have realised sooner. Unfortunately it is out of a joint account which my husband manages, and he just assumed all the payments were current ones :/
Unfortunately I can't find any paperwork to prove the cancellation.
Talk Mobile are only offering 6 months refund. I have asked to speak to a manager but despite being promised a call back on two occasions, no one has contacted me.
Any advice at all? Am I entitled to more than the 6 months refund?
Thanks :)

Comments

  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    check your bills for the call in Dec 13. Tben you are half way there.

    This is why I never call a customer service shortcode from a service I am cancelling, not all providers show calls to customer service in bills.
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • ponyem
    ponyem Posts: 5 Forumite
    I didn't call them. It was done in the Carphone Warehouse shop. They did it all for me
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    You can't cancel via CPW; they are the dealer, not the network. If you didn't cancel with the network then you didn't cancel.
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    Talk Mobile were a CPW company, when I had reason to the CPW staff indeed did resolve things or called internal to do so. Doyou know the employee who served you ? I would be looking at their name tag as part of a complain.


    By chance you did not sign up for a new contract or buy anything you will have a financial record of that day proving you were at least instore ? Even a payg sim you activated around about that time ?
    Were you instore alone ?

    CPW sold Talk to Voda, which in customer service terms means you unwillingly jumped from the frying pan into the fire with no knowledge of such.


    Gather as much info and proof as possible. Then make a official complaint. Obviously Talk dont want to give a email or address out so do it by pressing the 'chat' feature on the right of the screen on the website.

    You will see a envelope above the chat conversation, this emails a transcript of the conversation to yourself.


    http://talkmobile.co.uk/complaints/
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Didn't reconcile a bank statement in 22 months? In the absence of proof of cancellation, getting a 6m refund seems like not a bad result at all?
    You can't really expect the provider to be liable for your failure to cross check direct debit payments etc. with your husband.
    No free lunch, and no free laptop ;)
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    macman wrote: »
    Didn't reconcile a bank statement in 22 months? In the absence of proof of cancellation, getting a 6m refund seems like not a bad result at all?
    You can't really expect the provider to be liable for your failure to cross check direct debit payments etc. with your husband.
    The liability to cancel fell with CPW if the OP did do as stated, thus its now about trying to provide evidence CPW failed in their duty to do as instructed, regardless of whatever payment means was used previously on the account, the OP could have moved abroad, been incapable etc with no payment means on the account and came back to UK or health with debt collection marking a credit account.


    The duty of due diligence lies with CPW not themselves, partner nor anyone else based on the fact the OP done such cancellation instore, it is upto the OP to however prove to the bank and CPW to get a full refund and interest.
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • ponyem
    ponyem Posts: 5 Forumite
    Talkmobile were actually part of CPW at the time, and yes they did (or were supposed) to cancel the contract. Did it right in front of me.
  • ponyem
    ponyem Posts: 5 Forumite
    Thanks Diamonds. I have found the paperwork for the new contract that was taken out at the time and a complement slip with the amount of the pay-off to Talkmobile to cancel the contract early, along with the monthly amount of for the new contract. Don't know if any of it will help. Still searching for the actual cancellation paperwork.
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    ponyem wrote: »
    Thanks Diamonds. I have found the paperwork for the new contract that was taken out at the time and a complement slip with the amount of the pay-off to Talkmobile to cancel the contract early, along with the monthly amount of for the new contract. Don't know if any of it will help. Still searching for the actual cancellation paperwork.

    Ah you took a new contract in CPW at the time you gave cancellation, a receipt showing the Early Termination Fee for Talk Mobile is perfect, that could have been paid on plastic so check statements.

    Keep searching for cancellation...as I always say, you can be under prepared in court, never over prepared. And in customer service the customer is always guilty until proven innocent esp when £ is involved! You have to prove your innocent and thus overcharges.


    Its your bank balance V theirs.



    Keep us updated :)
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Taking a new contract out does not in itself confirm cancellation of the old, but a receipt showing the ETC is very good evidence in your favour.
    No free lunch, and no free laptop ;)
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