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TalkMobile - taking DDs after contract closed

After my TalkMobile contract expired last autumn, I finally got a replacement contract with Virgin, gave them the PAC code and they switched it through in a couple of days.

That was that, I thought.

But no. TalkMobile continued to take DDs from my bank account in January and in February!!!

I called them today and explained but the lady insisted that they were due one month's notice after the switch. (Took 2mths DDs btw).

This is really unfair. The phone is out of contract by a month or two and they still rip an extra month (or two) of direct debits, even though there is no exchange going on, no phone calls etc. So I find I am running TWO contracts during TalkMobile's ripoff punishment for leaving AFTER my contract had expired.

That can't be fair, can it?

The lady said it was all part of their small print terms, yet I took out the contract over the phone and they said NOTHING about this notice period after contract. I feel ripped.

Any suggestions?
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes - check your contract.
  • eDicky
    eDicky Posts: 6,797 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Mobile contracts don't 'expire' at the end of their minimum term, until you either give notice of cancellation or make use of your PAC. The thirty days' notice period is usually payable in either case.
    Evolution, not revolution
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 13 March 2018 at 7:55AM
    I sometimes think potential customers should pass a basic knowledge test before being allowed to enter into a mobile contract. Think of all the repetitive new threads on here which would prove unnecessary, not to mention the lower blood pressure of those who couldn't obtain a contract until they knew how they worked and what they'd agreed to.
  • pmduk
    pmduk Posts: 10,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I spent 25 minutes in the pub last night trying to explain to an otherwise intelligent friend that he almost certainly didn't have an 18-month mobile phone contract with EE, but a mobile phone contract with EE with an 18-month minimum period, and that cancelling his direct debit was not sufficient notice of cancellation to the network.

    I'm convinced he doesn't believe me.
  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    After my TalkMobile contract expired last autumn, I finally got a replacement contract with Virgin, gave them the PAC code and they switched it through in a couple of days.

    That was that, I thought.

    But no. TalkMobile continued to take DDs from my bank account in January and in February!!!

    I called them today and explained but the lady insisted that they were due one month's notice after the switch. (Took 2mths DDs btw).

    This is really unfair.

    Why would a term you readily agreed to be unfair?
    The phone is out of contract by a month or two and they still rip an extra month (or two) of direct debits, even though there is no exchange going on, no phone calls etc.

    I think you mean when your minimum term had completed.

    And you want mobile companies to simply disconnect anyone who doesn't make a call for 2 months?
    So I find I am running TWO contracts during TalkMobile's ripoff punishment for leaving AFTER my contract had expired.

    No, you decided to sign up for your new contract before the notice period on the old contract was still running, you did that, not the network.
    That can't be fair, can it?

    Yes, if you didn't like the idea, you should have waited for the notice period to complete before signing a new agreement.
    The lady said it was all part of their small print terms, yet I took out the contract over the phone and they said NOTHING about this notice period after contract. I feel ripped.

    Any suggestions?

    It's a standard term across all phone networks, I gather you have never had a previous contract or bothered to read the main points of the contract terms you signed?
    ====
  • MakeitgoRIGHT
    MakeitgoRIGHT Posts: 54 Forumite
    edited 12 March 2018 at 11:08PM
    Wow. A pleasant bunch you lot are (not).
    (Cooo, Martin check out this lot of negatives.)

    It is unfair if there is no exchange.

    Whilst there may be some small print, when I take up a phone contract it is always over the phone and they never read 6-10pp of small print out to me, just the tariff data, mins, txts, etc.

    There are such things as UNFAIR terms even if stated n the small print. You just think it is fair whist I think it is unfair. The Ombudsman etc correct these things sometimes.
  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Wow. A pleasant bunch you lot are (not).
    (Cooo, Martin check out this lot of negatives.)

    It is unfair if there is no exchange.

    Sometimes hearing the truth isn't what you want to hear, that's understandable.

    I've no idea what you mean by "no exchange" though.

    Whilst there may be some small print, when I take up a phone contract it is always over the phone and they never read 6-10pp of small print out to me, just the tariff data, mins, txts, etc.

    The cancellation terms have existed as long as there have been phone contracts. There was nothing stopping you asking Customer Service to send you a copy or downloading them if you wanted to read them in their entirety.
    There are such things as UNFAIR terms even if stated n the small print. You just think it is fair whist I think it is unfair. The Ombudsman etc correct these things sometimes.

    It isn't an unfair term, and OFCOM was instrumental in standardising them at 30 days for consumers many many years ago.

    Just because you are stamping your foot and shouting "THAT'S SO UNFAIR!!!!" doesn't actually make it unfair...
    ====
  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    This took under 2 minutes to find.
    10. Suspension and Termination of the Agreement

    10.1. Either you or we may end this Agreement by giving the other 30 days notice in accordance with Clause 10.5 below.

    https://talkmobile.co.uk/tsandcs-landing

    It actually took longer to copy and paste it into a post here than it did to find it...
    ====
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hold your horses, folks.

    TalkMobile contacts do naturally come to an end. I had one up to a few months ago. Online, this was clearly displayed:

    TalkMobile.png
    Contact ends 15 January 2018
  • pmduk
    pmduk Posts: 10,655 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    After my TalkMobile contract expired last autumn, I finally got a replacement contract with Virgin, gave them the PAC code and they switched it through in a couple of days.

    OP, you need to look very carefully at the bills for the months you've been charged for. You should only have been charged for 30 days after the PAC was used, together with the cost of any calls, texts or data usage, outside your tariff. If, you've been charged for anything else then challenge that cost.

    As Ofcom, in its role as regulator standardise these terms within the industry I'd suggest you'd find it unlikely to find a court that would agree that they are unreasonable

    Finally, make sure you have cancelled all unused DDs on your bank account.
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