Talk Talk & Ofcom Automatic Compo Scheme - They Say I'm Not Covered

FieyrP125

Hi all, 

very brief query and background below.

With Talk Talk already and upgraded to fibre.  They promised on a call it would be within 2 weeks - ended up talking 10 weeks (that was with me chasing) numerous delays, etc.

The Ofcom automatic compensation scheme (link below) states you are entitled to £6.10 per day in compo for delays to the start of a service.

Now the question - Talk Talk say this is not the case in my scenario as it is an Openreach delay and this isn't covered in the automatic compensation scheme - is that correct?  I cannot see that in the link below.

They have said they will offer £125 as a gesture of goodwill - final offer.

The fact is if they told me originally it would be 10 weeks, I probably would have looked elsewhere, however by stating it would be done within 2 weeks (calls recorded so confirmed this via Talk Talk complaint handler) I was happy to sign up to a new contract.

https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/automatic-compensation-need-know

ladruid

The only thing that confuses me is you said your with TalkTalk and upgraded to fibre, so what was your installation date for?

Unless you mean you were on TalkTalk ADSL and then wanted to upgrade to TalkTalk Fibre? which would be classed as a new service so you should be covered. Maybe this is their get out clause, they are trying to say you had service, and it's not a new service, but a change to an existing service?

Did you have loss of your existing service throughout the 10 weeks or did it work and the Fibre component was not installed?

Automatic compensation is only for Openreach, if they were using CityFibre, Freedom Fibre  or Community Fibre, you would need to request appropriate compensation by request. Did they tell you Openreach but have it wrong, was it another network provider?


How you describe it its like TalkTalk saying our Fibre installer technician Billybob was on a 6 month sabbatical, that was out of our control and not our fault... its all Billybobs fault you had to wait 6 months. They can not do this.

If Openreach told Talktalk 2 weeks and it took 10 weeks, that's their problem, not yours as you contracted Talktalk, not Openreach for an installation date. They can not refuse to pay the compensation even if from a 3rd party unless its in specific circumstances.

IMO your choices are this, take the £125, draw a line under it, move on with your life, and move companies when the time comes (yes Talktalk is really bad at customer service), or tell them no you don't accept as you believe its their responsibility, raise a formal complaint if you have not already, or if you have request a deadlock letter then take it to the Ombudsman/ADR for a shot at the larger amount.

According to Ofcom rules you should be entitled to £341.60 if its 8 weeks late from an agreed installation date as per their table.

Problem	As a landline or broadband customer, you would be entitled to compensation if…	Amount of compensation
Delayed repair following loss of service	Your service has stopped working and it is not fully fixed after two full working days.	£9.76 for each calendar day that the service is not repaired
Missed appointments	An engineer does not turn up for a scheduled appointment, or it is cancelled with less than 24 hours’ notice.	£30.49 per missed appointment
Delays with the start of a new service	Your provider promises to start a new service on a particular date, but fails to do so.	£6.10 for each calendar day of delay, including the missed start date.

Be aware if you choose to delay any engineer appointments from ones offered by Talktalk you are NOT covered by Ofcom's automatic compensation scheme.

This is the Ofcom information that may help in your case "Unless a specific exception applies, the scheme requires signatories to pay automatic compensation to customers when the problem is caused by an event beyond a customer’s, or the provider’s control. Examples include extreme weather, strikes and third-party acts."

Talktalk are expected to pay even if Openreach caused TalkTalk a delay to the installation, unless they cited weather, strikes or third party acts, which I would guess is war, terrorism or criminal activity on the infrastructure.

If it was me, I cant stand companies taking the micky, so I would go back to them and say my final offer is this, "offers over your legal obligation of £341.60" or issue a deadlock letter and I will be taking it to the Ombudsman/ADR to enforce your obligations.

https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/problems/adr-schemes

FieyrP125

Sorry - I meant I was with Talk Talk already - bog standard internet package, but upgraded to a full fibre one

The bog standard internet was still working - but as I had started working from home, I needed a better connection, hence the upgrade. 

I agree, not talking huge dosh but they are taking the mick - trying to fob off with the not covered by Ofcom line

I saw this under 3.8 of the link below also - backs up your quote above too.

It is the responsibility of the provider signed up to the scheme to pay compensation to the customer, even if the service issue was caused by the network operator (e.g. Openreach) or another third party
 
https://www.ofcom.org.uk/__data/assets/pdf_file/0012/201540/auto-comp-review-aug-2020.pdf

ladruid

Sadly I have to deal with TalkTalk for some of my older customers from time to time and they are a nightmare, joys of farming your 'service' center to the other side of the world. My advice, when you contact TalkTalk, always record calls, save every SMS and email. You will need them if there's an issue, as its never their fault.

In your case it's down to your circumstances, and mentality to conflict and risk. Life's too short, cut and run, take what's offered and move on with your life... or.... stick it to them, take a chance at losing the £125, and fight for what's right.

Sure TalkTalk would be sympathetic if you kept telling them cheques in the post so couldn't pay your bill for 10 weeks right?

ladruid

If this is not you on the TalkTalk community forums, it sounds frightening similar, missed dates, blaming Openreach :-

Might be a useful thread to follow for your circumstances.

https://community.talktalk.co.uk/t5/Full-Fibre/Full-fibre-non-delivery/m-p/2971389/highlight/true#M15500

FieyrP125

Not me!

Scary thing is - when challenged why they said it will be within 2 weeks, replay was that this is a standard comment - even though they know it is untrue!

One comment is a worry:

In past cases, if you already have a service with Talktalk and are upgrading, Arne has said that the automatic compensation doesn't apply when it's been delayed, @MrA4d..... that's from memory. The argument being that you've still got a service, whereas they would have to compensate you if there was a delay coming as a new customer and you were left with nothing after leaving the previous provider. 

ladruid

Why a worry? I can say the sky is purple and gold with yellow swirling spots and it is raining jellybeans, it does not make it true.

It could be TalkTalk knows they mess up, don't want to pay the full compensation, so 'offer' good will to try and get out of it cheaper, using coercive tactics of telling you your not eligible... do you really believe a company now, after they told you 2 weeks when they know it's more?   (if you have evidence of the call where they said they knew its not two weeks, you would win your case automatically with ADS/Ombudsman as they have shown they entered into the contract in bad faith...)

The real question is, based on the evidence supplied will the ADS/Ombudsman think you were treated unfairly... more often than not they seem to uphold complaints. I know some other sectors ADS/Ombudsman fees can be upto £750 for the company for the process, even if they win, so a request of a deadlock letter and letting them know your going to ADS/Ombudsman, might move the process alone and you get your £350 'as a gesture of good will' as its still less than the process even if they win.

FieyrP125

Very true - I will turn down their goodwill gesture and update here on the outcome