Cancelling Talk Talk Contract for Mentally Disabled Relative?

sdavies13

Hi all, seeking some advice please...

Girlfriend's brother is mentally disabled and his bank account went overdrawn the other day. On investigation she found out he had signed up to Talk Talk's internet package for 48 months!

He doesn't have a computer, tablet, smartphone, etc, and doesn't even remember signing up for this. She tried to cancel it with Talk Talk but they are insisting he will have to pay the full cancellation fee.

Is there anything she can do about this please as he doesn't have the money to pay for this even if he did have a use for it?

Thanks.

mije1983

When did he sign up? And how? Did he contact them or was it a cold call?

Are you sure it's a 48 month contract? As far as I know, the lengthiest minimum terms are 24 months.

Unless you can prove it's been mis-sold then he will have to pay to cancel. You say he is 'mentally disabled', but I assume if he still has access to conduct transactions on his account, then he must still be capable of making relatively sound decisions. It will be difficult to prove Talk Talk took advantage of him.

macman

As above, there are no 4 year contracts, unless he's taken a business contract?
If he has no email address or internet access then he must have received some postal correspondence for this.
All TT packages include line rental, so have they installed a line, or switched him from the previous provider-did he already have a landline?

sdavies13

Sorry it is for 24 months (GF just checked the sign-up letter).

He has a bank account but manages it badly. He has limited mental capacity following being hit by a car, is an alcoholic and a heavy gambler. The GF has had to deal with debt collectors making threats previously and this on top of everything else is stressing her badly (despite my saying she isn't responsible for his debts, he's still her brother).

He appears to have signed up for a phone and internet package but as mentioned he doesn't remember doing it (there was a letter, unopened, thanking him for signing up to it but she didn't see it until after the mentioned 20 days cooling off period and when she phoned Talk Talk they initially refused to deal with her on her brother's behalf and have now said she needs to apply for a power of attorney which would seem to cost more to do than cancelling and paying the amount Talk Talk have demanded).

As her brother has no assets beyond a TV, bed and his clothes I did suggest she let it ride and when the Talk Talk direct debit is bounced let the debt collectors deal with it but that also has her very stressed.

Was kind of hoping there might be a softer and cheaper way of dealing with this, to everyone's advantage...

mije1983

She doesn't need to apply for PoA to deal with TalkTalk, but he will need to speak to them and tell them that she is authorised to deal with his account on his behalf.

Although from what you have said, would it not be better for everyone concerned if someone else took control over his finances?

Yes you could just leave it to go to debt collectors, I'm assuming he has no concerns about a poor credit rating anyway, but you say your girlfriend is already stressed out. Is adding one more debt collector to the mix the best thing from her point of view?

Unfortunately there is no 'softer and cheaper' way of dealing with it. He signed up to a legally binding contract and as such will be held to it.

TalkTalk

Hi sdavies13,

I'm sorry to hear that your girlfriend's brother received an unexpected bill and we'd really like to get this looked into. So that we can get some account details and have a look what's going on, can you please tweet us (@TalkTalk) or post on our Online Community?

Thanks,
Becky