BW legal letter of claim Talktalk

pphillips

No legal aid is available for money claims, one charity I can recommend - Support Through Court.
It is important that you are able to tell BW legal that you don't owe the money and explain why as you will need a defence if it goes to court.

littleboo

Nice06 said:

@littleboo : in Novenber 2018

ok, but its still not clear how long the loss of service persisted for - it sounds like it started in November 18 and you left in November 18, so anything between 1 and 30 days. 

Nice06

The switch happened in December 2018. (30 days notice given ).
Sorry I dont have the exact info. I know that i have done best to get connection back on. It didn't. Is it important to have this infos for my defence?

littleboo

Absolutely, you need to give TT reasonable opportunities to resolve a fault. Its a residential service so you can expect that time to be counted in working days. A fault doesn't in itself constitute a breach of contract by them.

Nice06

Thank you for your comment.

After all the advices given to me over this week end, I will:

1. Inform bw legal that I am seeking legal advice and to put on hold the claim.

2. Request SAR

3.Contacting charities for help

4. Try to resolve the pb with bw legal by showing my evidence. They might see that they have been giving false information by TT.

Nice06

To @littleboo:
I found on broadband choices website( sorry I cant copy the link, not being allowed): it says that :both you and your broadband provider must comply with the terms on your contract.  If you consider your provider to be in breach of the contract- eg if you are not being delivered consistent service you have to right to cancel it.
This is one of the basic broadband consumer rights.

littleboo

That's true, but I'm not going to say it again, you are not guaranteed an uninterrupted service, and when there is a problem, the provider is entitled to fix it within the terms of the service. The fact there has been a fault does not automatically constitute a breach of contract on their part.
haven't been able to clarify if the fault lasted a day or a month so its difficult to gauge if TT have failed or not. 
From TT's terms and conditions : "We’ll use reasonable skill and care in providing the services but, given the nature of the services, we can’t guarantee that they’ll be continuously available or error free"

OrbitHeadache

The way I am reading this is Nice06 complained about his internet connection but did not allow TT to fully investigate the issue and decided to stop paying for the BB without agreement from TT, hence why now he is possibly facing court action.

Nice06

I dont know how many things I have to say it but i went through the technical stuff with TT and still it didn't work. They never offered me to for example send me a router or a technician. On the letter of claim ( pre court paper) the reason to make a claim against me it is because I failed to make payment and later TT terminated the contract. These facts are not accurate as I am the one who terminated the contract not TT. 

Nice06

Ps I paid my bill every months except the last bill due to disputed amount (early exit fees)