CISAS telecom decision against Talk Talk

titant

Hi
Could you please advise, I had a problem regarding the service received from TALK TALK ... It was talk talk mistake not mine... Unfortunately TALK TALK gave my details to debt collectors, I was bombarded by many letters during 2 years which ended up to the court... It was very stressful experience, I went through many court hearings and it was very depressing...I had bad credit as talk talk put my name in the bad list of bad people 
Before the last court hearing the debt collector decided not to follow the case as they realized finally that talk talk was to blame ...
I asked Talk talk for compensation for the stress and bad service, they offered 85 Pounds which I refused....Later  I contacted  CISAS telecom Regulator, after reading all the reports the adjudicator at CISAS decided that I deserve  compensation of 330 pounds
I was thinking if its worth to take talk talk to the small claim court as I believe I deserve a maximum compensation for the extreme stress time 

Regards 

sheramber

How much is your maximum compensation?

The_Fat_Controller

@titant what you want and what CISAS have decided are obviously not the same regarding the amount.

What do you think you deserve ?

titant

Hi, 
After making a small claim case tuc tuc contacted me with a very harsh tone over the phone saying this is the new offer OF 750 Pounds and If I dont take it they will take me to the court and charge me for wasting their time, I refused their offer and I will go ahead with my claim whatever costs me. The stress impact on bodies could be sometimes dangerous , it was the case of mine and I will show evidences .....This company should be shut down immediately as  its not providing service but  just trauma, I can t handle their messages, their customer service, their calls, everything related to this company makes me very very upset

 ....Here below their message, I requested a recording of the call conversation to show the threatening language to  the court:
******************************************************************************************************
Dear Mr ***********

Mr ***********  v TalkTalk
County Court Business Centre Claim Reference: ************

Many thanks for your email.

I acknowledge your Subject Access Request for the call recording between us yesterday afternoon, I have raised this with our Customer Support Team and they will be in touch with you soon regarding this request.

In relation to Court claim ***************, TalkTalk would like to settle this matter without the involvement of the Court, we are prepared to offer the following terms of settlement to you:

1. The offer of £750.00 (the “Settlement Sum”) is made in full and final settlement of the claim against TalkTalk Telecom Limited or its group of companies.
2. The Settlement Sum is to be refunded to you by cheque.
3. This offer is made as a goodwill gesture and without admission of liability.
4. This offer is accepted by you in full and final settlement of the claim and any and all claims, or complaints you had, have or may have against TalkTalk Telecom Limited and its group of companies and any of their directors, servants and employees arising out of or in connection with the provision of a service by TalkTalk Telecom Limited;
5. You agree that you will keep the settlement terms and the substance of all negotiations in connection with it strictly confidential and will not disclose them to any third party (except for your professional advisors); and
6. You will contact the Court to confirm that you are discontinuing the claim you have brought against TalkTalk.

Please confirm by replying directly to this email, that you accept the above settlement terms, following which we shall send out a cheque to you.

Kind Regards,

**********
***********
TalkTalk
0345 172 5199

The_Fat_Controller

@titant, well it looks like you'll have to continue in court as you have already disregarded point 5 of their offer.

I cannot see anything about TT taking you to court for wasting their time.

What is this "maximum compensation" that you refer to in your OP and think you deserve ?

Personally, I think any judge using the "man on the Clapham omnibus" test would think that £750 was a reasonable offer.

Aylesbury_Duck

titant said:

Hi, 
After making a small claim case tuc tuc contacted me with a very harsh tone over the phone saying this is the new offer OF 750 Pounds and If I dont take it they will take me to the court and charge me for wasting their time, I refused their offer and I will go ahead with my claim whatever costs me. The stress impact on bodies could be sometimes dangerous , it was the case of mine and I will show evidences .....This company should be shut down immediately as  its not providing service but  just trauma, I can t handle their messages, their customer service, their calls, everything related to this company makes me very very upset

 ....Here below their message, I requested a recording of the call conversation to show the threatening language to  the court:
******************************************************************************************************
Dear Mr ***********

Mr ***********  v TalkTalk
County Court Business Centre Claim Reference: ************

Many thanks for your email.

I acknowledge your Subject Access Request for the call recording between us yesterday afternoon, I have raised this with our Customer Support Team and they will be in touch with you soon regarding this request.

In relation to Court claim ***************, TalkTalk would like to settle this matter without the involvement of the Court, we are prepared to offer the following terms of settlement to you:

1. The offer of £750.00 (the “Settlement Sum”) is made in full and final settlement of the claim against TalkTalk Telecom Limited or its group of companies.
2. The Settlement Sum is to be refunded to you by cheque.
3. This offer is made as a goodwill gesture and without admission of liability.
4. This offer is accepted by you in full and final settlement of the claim and any and all claims, or complaints you had, have or may have against TalkTalk Telecom Limited and its group of companies and any of their directors, servants and employees arising out of or in connection with the provision of a service by TalkTalk Telecom Limited;
5. You agree that you will keep the settlement terms and the substance of all negotiations in connection with it strictly confidential and will not disclose them to any third party (except for your professional advisors); and
6. You will contact the Court to confirm that you are discontinuing the claim you have brought against TalkTalk.

Please confirm by replying directly to this email, that you accept the above settlement terms, following which we shall send out a cheque to you.

Kind Regards,

**********
***********
TalkTalk
0345 172 5199

So they've more than doubled their offer, you don't seem to have incurred anything like £750 in costs, and now you want to refuse it and go through more legal action to claim more money for the stress of court action.  That doesn't really make sense.

Take the money, put the whole situation behind you and move forward.

The_Fat_Controller

@Aylesbury_Duck and @MattMattMattUK , too late, the OP has posted the details of the offer expressly disregarding the confidentiality clause, point 5.

user1977

Sorry, this is £750 just for the "stress" of an argument about your phone bill? Yes, take it and run. 

Jenni_D

I would accept, but would insist on point 4 being modified:

4. This offer is accepted by you in full and final settlement of the claim and any and all claims, or complaints you had or have (in respect of your current claim) or may have against TalkTalk Telecom Limited and its group of companies and any of their directors, servants and employees arising out of or in connection with the provision of a service by TalkTalk Telecom Limited;

I wouldn't want this settlement offer to exclude any potential future claims for future incidents. (Not that I expect TT would ever accept the OP as a customer again).

titant

Hi Jenni

Its strange for them to say I accepted the offer , I  did not accept any offer... also I did not agree for anything mentioned in their letter ..I contacted the court in same day for the threatening and my  rejection for their offer......Their call of talk talk  is  recorded 

I m not law expert and I have the right as a consumer to ask any advice I want ...

.I still take talk talk to the court and its not about a stress for a bill .....

MattMattMattUK

titant said:

Its strange for them to say I accepted the offer , I  did not accept any offer... also I did not agree for anything mentioned in their letter ..I contacted the court in same day for the threatening and my  rejection for their offer......Their call of talk talk  is  recorded 

It is not "threatening" to offer you a settlement, I am also wondering if your problems with written English are reflective of wider communication issues here and may go somewhere to explain the problems you have.

titant said:

I m not law expert 

That part is very clear.

titant said:

I have the right as a consumer to ask any advice I want ...

That depends on who you are asking and what you are asking them about. If aa settlement is based on you keeping it confidential and you do not then that settlement stops being valid. There is a difference between asking a lawyer in private and asking and posting that information publicly.

titant said:

.I still take talk talk to the court and its not about a stress for a bill .....

Then what is it actually about, because it is increasingly unclear. Remember that if the judge deems the £750 more than adequate, and they will, then they will not agree to award you more. What amount are you claiming for and on what grounds?

Also remember that in a small claims court it is rare for either party to be awarded costs, one of the exceptions to that is if the claim is deemed vexatious and it appears yours is getting dangerously close to that, which means taking them to court could end up costing you, not the other way around.