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  • FIRST POST
    • MakeitgoRIGHT
    • By MakeitgoRIGHT 12th Mar 18, 6:37 PM
    • 54Posts
    • 39Thanks
    MakeitgoRIGHT
    TalkMobile - taking DDs after contract closed
    • #1
    • 12th Mar 18, 6:37 PM
    TalkMobile - taking DDs after contract closed 12th Mar 18 at 6:37 PM
    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?
Page 1
    • zx81
    • By zx81 12th Mar 18, 6:38 PM
    • 16,816 Posts
    • 17,819 Thanks
    zx81
    • #2
    • 12th Mar 18, 6:38 PM
    • #2
    • 12th Mar 18, 6:38 PM
    Yes - check your contract.
    • eDicky
    • By eDicky 12th Mar 18, 6:50 PM
    • 3,399 Posts
    • 1,611 Thanks
    eDicky
    • #3
    • 12th Mar 18, 6:50 PM
    • #3
    • 12th Mar 18, 6:50 PM
    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.
    • mobilejunkie
    • By mobilejunkie 12th Mar 18, 7:09 PM
    • 7,720 Posts
    • 2,484 Thanks
    mobilejunkie
    • #4
    • 12th Mar 18, 7:09 PM
    • #4
    • 12th Mar 18, 7:09 PM
    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.
    Last edited by mobilejunkie; 13-03-2018 at 7:55 AM.
    • pmduk
    • By pmduk 12th Mar 18, 8:01 PM
    • 8,338 Posts
    • 6,158 Thanks
    pmduk
    • #5
    • 12th Mar 18, 8:01 PM
    • #5
    • 12th Mar 18, 8:01 PM
    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
    • By d123 12th Mar 18, 9:01 PM
    • 7,219 Posts
    • 4,658 Thanks
    d123
    • #6
    • 12th Mar 18, 9:01 PM
    • #6
    • 12th Mar 18, 9:01 PM
    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.
    Originally posted by MakeitgoRIGHT
    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.
    Originally posted by MakeitgoRIGHT
    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.
    Originally posted by MakeitgoRIGHT
    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?
    Originally posted by MakeitgoRIGHT
    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?
    Originally posted by MakeitgoRIGHT
    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
    • By MakeitgoRIGHT 12th Mar 18, 11:05 PM
    • 54 Posts
    • 39 Thanks
    MakeitgoRIGHT
    • #7
    • 12th Mar 18, 11:05 PM
    Came in the wrong door of this pub, I think.
    • #7
    • 12th Mar 18, 11:05 PM
    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.
    Last edited by MakeitgoRIGHT; 12-03-2018 at 11:08 PM.
    • d123
    • By d123 13th Mar 18, 12:06 AM
    • 7,219 Posts
    • 4,658 Thanks
    d123
    • #8
    • 13th Mar 18, 12:06 AM
    • #8
    • 13th Mar 18, 12:06 AM
    Wow. A pleasant bunch you lot are (not).
    (Cooo, Martin check out this lot of negatives.)

    It is unfair if there is no exchange.
    Originally posted by MakeitgoRIGHT
    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.
    Originally posted by MakeitgoRIGHT
    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.
    Originally posted by MakeitgoRIGHT
    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
    • By d123 13th Mar 18, 12:09 AM
    • 7,219 Posts
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    d123
    • #9
    • 13th Mar 18, 12:09 AM
    • #9
    • 13th Mar 18, 12:09 AM
    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
    • By SnowTiger 13th Mar 18, 12:20 AM
    • 3,271 Posts
    • 2,239 Thanks
    SnowTiger
    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:



    Contact ends 15 January 2018
    • pmduk
    • By pmduk 13th Mar 18, 7:27 AM
    • 8,338 Posts
    • 6,158 Thanks
    pmduk
    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.
    Originally posted by MakeitgoRIGHT
    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.
    • eDicky
    • By eDicky 13th Mar 18, 7:39 AM
    • 3,399 Posts
    • 1,611 Thanks
    eDicky
    You just think it is fair whist I think it is unfair.
    Originally posted by MakeitgoRIGHT
    Apart from your sense of unfairness, can you identify any way in which TalkMobile have violated the contract's terms. For example to illustrate what you say was two months' extra DD taken, give an exact timeline of occurrences including your cancelling and/or requesting your PAC. In that way we might all come to a valid understanding instead of just a useless back and forth.
    • mobilejunkie
    • By mobilejunkie 13th Mar 18, 8:02 AM
    • 7,720 Posts
    • 2,484 Thanks
    mobilejunkie
    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:

    Originally posted by SnowTiger
    Someone else who doesn't understand things. I've had loads of TM contracts - still have one left for another 12 months - they definitely do NOT "naturally come to an end" - neither do any from anywhere else. They never have.

    Whilst I do agree it is somewhat misleading and not right that networks quote contracts as being "24 months" when, in fact they are merely referring to the minimum term there ain't a lot any of us can do about it.

    People either learn to play the game and understand the rules beforehand or appear on here ranting and ravingafter signing on the dotted line (not metaphorically for those who only see literal) and ignoring the reality time after time for absolutely no point - except to drawn attention to their own complete lack of understanding of just about everything.
    • Jingo789
    • By Jingo789 13th Mar 18, 10:02 AM
    • 3 Posts
    • 0 Thanks
    Jingo789
    Can I urge everyone to check their online mobile phone and TV/Broadband accounts. You are likely to see that the account does not reveal the end date of your contract. In my view this is a scam as they want you to forget when your contract ends, with the very likely result that you will default onto a higher tariff payment schedule not on the terms that you agreed in your contract. This is unfair, it doesn't take much for these companies to put this data on the account (Energy companies do and moreover are likely to contact you to offer you renewed terms, so why not mobile phones/broadband/TV companies). If you find that your mobile phone or broadband provider is using this ruse then please can you complain to OFCOM. I have done so but it seems that it needs enough people with this complalnt before OFCOM will act.
    • pmduk
    • By pmduk 13th Mar 18, 11:13 AM
    • 8,338 Posts
    • 6,158 Thanks
    pmduk
    Can I urge everyone to check their online mobile phone and TV/Broadband accounts. You are likely to see that the account does not reveal the end date of your contract. In my view this is a scam as they want you to forget when your contract ends,
    Originally posted by Jingo789
    You're either being foolish or haven't read a word of the preceding thread. There is no end date on the contract because you don't have a fixed period contract. You have a contract with a minimum period which runs until you actively cancel it. Ofcom have considered this area previously and confirmed it to be acceptable.

    You might want to consider sticking with PAYG until you understand this.
    • mobilejunkie
    • By mobilejunkie 13th Mar 18, 11:24 AM
    • 7,720 Posts
    • 2,484 Thanks
    mobilejunkie
    In my view this is a scam as they want you to forget when your contract ends, with the very likely result that you will default onto a higher tariff payment schedule not on the terms that you agreed in your contract.
    Originally posted by Jingo789
    You have made this up. Contracts continue on the same terms as before. If they do increase the price at some point in the future you can always cancel with 30 day's notice.
    Last edited by mobilejunkie; 13-03-2018 at 5:14 PM.
    • pmduk
    • By pmduk 13th Mar 18, 11:39 AM
    • 8,338 Posts
    • 6,158 Thanks
    pmduk
    What I suspect the poster is referring to the practice of an introductory discount ending. However, the customer is always aware of the length of the discount and just can't be bothered to look after their own finances.
    • MakeitgoRIGHT
    • By MakeitgoRIGHT 13th Mar 18, 4:58 PM
    • 54 Posts
    • 39 Thanks
    MakeitgoRIGHT
    Well, I cancelled on 28 Dec 17, and.... there're still taking DDs in March 2018.

    That sounds like a ripper and unfair.
    • mobilejunkie
    • By mobilejunkie 13th Mar 18, 5:17 PM
    • 7,720 Posts
    • 2,484 Thanks
    mobilejunkie
    Well, I cancelled on 28 Dec 17, and.... there're still taking DDs in March 2018.

    That sounds like a ripper and unfair.
    Originally posted by MakeitgoRIGHT
    It's either because they made a mistake and failed to terminate - in which case you can take suitable action without delay - or, more like, a direct debit in March from your final bill in February - which would suggest you over-ran your pro-rata allowance for the odd numbers of days remaining from your final bundle date to the termination date. That too can be clarified.

    In any case it's not what you said originally, where you were complaining about having to give 30 days' notice and paying for that. You couldn't have cancelled on 28th December; you could only have given 30 days' notice. Since you seem quite unfamiliar with how a contract works it could be that you thought you'd given notice, but didn't. One thing you cannot do is end the contract the day you call them.
    Last edited by mobilejunkie; 13-03-2018 at 5:21 PM.
    • d123
    • By d123 13th Mar 18, 5:30 PM
    • 7,219 Posts
    • 4,658 Thanks
    d123
    Well, I cancelled on 28 Dec 17, and.... there're still taking DDs in March 2018.

    That sounds like a ripper and unfair.
    Originally posted by MakeitgoRIGHT
    So what you are saying is you gave your notice on 28 December?

    Therefore your notice period would have ended 28 January. It's likely you had a direct debit in January before that date and a final pro rata bill should have been the end of February. Is that what you mean by "taking DDs in March"?
    ====
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