Mislead on new contract verbally agreed 5 days ago - What are my rights?

Hallux

Recently, (within 2 weeks of the end of my 18 month contract with TalkTalk which ends 3rd Aug) and had been invoiced in advance for the following month when the price goes up radically:

I phoned (23rd July) and negotiated a contract which the rep implied was at exactly the same rate as my existing contract, which already included "anytime unlimited" landline calls.  

5 days later (today, 28th July) I realised that I had been misled and that this new rate did not include "unlimited anytime" landline calls which was an extra £10.  I rang and told them I wasn't happy and didn't want to go ahead with this new contract.

Even though I didn't ask or understand the new contract to start immediately (why would I want or need it to start before 3rd Aug when my existing contract ends?), they said as the new contract had started (verbally 5 days ago) that I couldn't see out my old (existing) contract to its end date.  

There is a cooling off period with the new contract though? and besides, the only reason I verbally agreed to the new contract was because they misled me on the price!

Surely I should be able to pull out of i.e. reject the new contract immediately based on the fact that they misled me and just see out my old contract as if there had not been a discussion over the phone re a new contract?

Neil_Jones

If you cancel in your cooling off TalkTalk should put you back in the same position as you were before, but it won't be under the old contract.  You're more likely to end up in an out of contract arrangement.

The fact it took you five days to notice not withstanding, put a complaint in, and request they listen to the original call.

saajan_12

I would put in a complaint and ask that they review the original call recording. I had something similar with Virgin where they billed me for a different contract to that agreed on the phone. Eventually listened to the original recording and they credited me for the difference x length of the contract. 

If not, and they agree to say release you from the contract, then the time since your first contract ended could reasonably be on the old rate or on the new rate (for a short period not a huge issue). If they put some out of contract per minute charge, I think that would be unreasonable and you should escalate then. 

JSmithy45AD

"and negotiated a contract which the rep implied was at exactly the same rate as my existing contract" How exactly did they "imply" it was the same cost and why didn't you confirm it on the call?

Hallux

JSmithy45AD said:

"and negotiated a contract which the rep implied was at exactly the same rate as my existing contract" How exactly did they "imply" it was the same cost and why didn't you confirm it on the call?

Because I believed it.  I don't get everything anyone says to be confirmed - there was no reason to doubt at the time.  Hindsight is a wonderful thing.

The rep said it was a "re-contract" and quoted the same price and didn't state the loss of any "Boost" or features.

JSmithy45AD

Hallux said:

JSmithy45AD said:

"and negotiated a contract which the rep implied was at exactly the same rate as my existing contract" How exactly did they "imply" it was the same cost and why didn't you confirm it on the call?

Because I believed it.  I don't get everything anyone says to be confirmed - there was no reason to doubt at the time.  Hindsight is a wonderful thing.

The rep said it was a "re-contract" and quoted the same price and didn't state the loss of any "Boost" or features.

Asking questions and getting confirmation of your 'beliefs' at the time is an even better thing.

Hallux

JSmithy45AD said:

Hallux said:

JSmithy45AD said:

"and negotiated a contract which the rep implied was at exactly the same rate as my existing contract" How exactly did they "imply" it was the same cost and why didn't you confirm it on the call?

Because I believed it.  I don't get everything anyone says to be confirmed - there was no reason to doubt at the time.  Hindsight is a wonderful thing.

The rep said it was a "re-contract" and quoted the same price and didn't state the loss of any "Boost" or features.

Asking questions and getting confirmation of your 'beliefs' at the time is an even better thing.

I'll elaborate:

Because I believed  exactly what was said.  I don't get everything anyone says to be confirmed - there was no reason to doubt at the time and although I could have asked 100 potential questions there was no reason to ask any particular one.  (I didn't even get my wife to confirm "I do" at the altar!)  Hindsight is a wonderful thing.

The rep said it was a "re-contract" and quoted the same price and didn't state the loss of any "Boost" or features. 

You seem to have missed the point of this post.  My question, which was "What are my rights?"

southsidergs

You seem to be an absolute mountain out of a mole hill by posting here.

Simply your rights are you have xx amount of time (usually 14 days to change your mind) so just contact them & tell them you're doing so in the timeframe, that's it - nothing else is required at all here