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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 2
    • pmduk
    • By pmduk 13th Mar 18, 6:30 PM
    • 8,537 Posts
    • 6,317 Thanks
    pmduk
    Have you followed my suggestion and actually looked at the bills yet so that you can tell us what you've been charged for? It will enable us to stop speculating and start helping you.
    • eDicky
    • By eDicky 13th Mar 18, 7:00 PM
    • 3,520 Posts
    • 1,702 Thanks
    eDicky
    Well, I cancelled on 28 Dec 17, and....
    Originally posted by MakeitgoRIGHT
    Did you obtain your PAC at that time, or at a later date (which could reset the thirty days)?
    • mobilejunkie
    • By mobilejunkie 13th Mar 18, 7:03 PM
    • 7,753 Posts
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    mobilejunkie
    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"?
    Originally posted by d123
    If the statement date was earlier than 28th January (which in all probability it was) and they then exceeded their pro-rata allowance up to 28th January there would have been a final bill in February with a potential direct debit in March. Then again, with such a jumbled description from someone else who doesn't seem to understand how their contract works I could be wrong... perhaps they didn't actually give notice in December - wouldn't be the first time someone thought they had because they didn't know what they were doing.
    • d123
    • By d123 13th Mar 18, 8:33 PM
    • 7,218 Posts
    • 4,658 Thanks
    d123
    If the statement date was earlier than 28th January (which in all probability it was) and they then exceeded their pro-rata allowance up to 28th January there would have been a final bill in February with a potential direct debit in March. Then again, with such a jumbled description from someone else who doesn't seem to understand how their contract works I could be wrong... perhaps they didn't actually give notice in December - wouldn't be the first time someone thought they had because they didn't know what they were doing.
    Originally posted by mobilejunkie
    Yep, that's quite possible.
    ====
    • SnowTiger
    • By SnowTiger 13th Mar 18, 9:07 PM
    • 3,301 Posts
    • 2,275 Thanks
    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.
    Originally posted by mobilejunkie
    Retained for future reference.

    Liked by d123 (Today), Inner Zone (Today), zx81 (Today)
    • SnowTiger
    • By SnowTiger 13th Mar 18, 9:26 PM
    • 3,301 Posts
    • 2,275 Thanks
    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.
    Originally posted by mobilejunkie
    If you log in to your account you don't see the end date for your contract near the top of the page?
    • pmduk
    • By pmduk 14th Mar 18, 8:02 AM
    • 8,537 Posts
    • 6,317 Thanks
    pmduk
    If Talkmobile are foolish to use the phrase "end date" in this context , then you should be checking the T&Cs of your contract thoroughly.

    I suspect you re in a standard minimum term contract but that that date is labelled misleadingly and you have grounds for complaint. Make sure you keep updated screenshots of it, if you ever intend to rely upon it.
    • mobilejunkie
    • By mobilejunkie 14th Mar 18, 8:41 AM
    • 7,753 Posts
    • 2,511 Thanks
    mobilejunkie
    If you log in to your account you don't see the end date for your contract near the top of the page?
    Originally posted by SnowTiger
    I do. That means the end of the period I (and Talkmobile) am contracted to pay for. As with all contracts, 30 days before (and any time thereafter) that date I am free to leave with 30 day's notice and no penalty (or obtain and excerise a PAC, naturally).
    Last edited by mobilejunkie; 15-03-2018 at 7:50 AM.
    • SnowTiger
    • By SnowTiger 14th Mar 18, 2:53 PM
    • 3,301 Posts
    • 2,275 Thanks
    SnowTiger
    I do. That means the end of the period I (and Talknobile) am contracted to pay for. As with all contracts, 30 days before (and any time thereafter) that date I am free to leave with 30 day's notice and no penalty (or obtain and excerise a PAC, naturally).
    Originally posted by mobilejunkie
    It clearly says "contract ends" and gives a date.

    It mentions nothing about about 30 days or a PAC.

    It clearly specifies a date when the contract ends. TalkMobile even use the words "contract ends".

    I'd like you, d123, Inner Zone and zx81 to explain why you read that and think hey, ho, the contract doesn't end on that date.

    I accept that most mobile phone contacts continue after the minimum period, however TalkMobile (and TalkTalk Mobile) give a specific date when the contract ends.
    • eDicky
    • By eDicky 14th Mar 18, 3:04 PM
    • 3,520 Posts
    • 1,702 Thanks
    eDicky
    I accept that most mobile phone contacts continue after the minimum period, however TalkMobile (and TalkTalk Mobile) give a specific date when the contract ends.
    Originally posted by SnowTiger
    So their customers' service is discontinued after that date?
    • Inner Zone
    • By Inner Zone 14th Mar 18, 3:44 PM
    • 2,175 Posts
    • 1,228 Thanks
    Inner Zone
    It clearly says "contract ends" and gives a date.

    It mentions nothing about about 30 days or a PAC.

    It clearly specifies a date when the contract ends. TalkMobile even use the words "contract ends".

    I'd like you, d123, Inner Zone and zx81 to explain why you read that and think hey, ho, the contract doesn't end on that date.

    I accept that most mobile phone contacts continue after the minimum period, however TalkMobile (and TalkTalk Mobile) give a specific date when the contract ends.
    Originally posted by SnowTiger
    My TalkMobile account shows:

    Contract ends 25 August 2017

    So why going by your perverse logic is the SIM is still alive and I have not lost my number and monthly DD still being requested and paid?
    • mobilejunkie
    • By mobilejunkie 14th Mar 18, 4:02 PM
    • 7,753 Posts
    • 2,511 Thanks
    mobilejunkie
    It clearly says "contract ends" and gives a date.

    It mentions nothing about about 30 days or a PAC.

    It clearly specifies a date when the contract ends. TalkMobile even use the words "contract ends".

    I'd like you, d123, Inner Zone and zx81 to explain why you read that and think hey, ho, the contract doesn't end on that date.

    I accept that most mobile phone contacts continue after the minimum period, however TalkMobile (and TalkTalk Mobile) give a specific date when the contract ends.
    Originally posted by SnowTiger
    Firstly, name one contract with any provider which automatically ceases to exist at the on the contract date. You won't find one.

    As for the rest, the contract is for a set period and relies on its t&c - which aren't listed in a simple statement like the one you're looking at. The end date is the end date you contracted to - it doesn't mean it WILL end unless you then give notice.

    Seriously, can you imagine the new flocks of pedantics like you lining up with endless new threads complaining because they forgot the contract end date and found they had lost their bundle AND their number??

    I agree it's extremely annoying and should all be done differently - but I live in the real world and only fight battles I can win.
    • SnowTiger
    • By SnowTiger 14th Mar 18, 5:01 PM
    • 3,301 Posts
    • 2,275 Thanks
    SnowTiger
    Firstly, name one contract with any provider which automatically ceases to exist at the on the contract date.
    Originally posted by mobilejunkie
    TalkMobile and TalkTalk Mobile clearly show a date in their on-line portals when a contract ends.

    Both companies may choose to continue offering a service after that date and customers may make payments. However, when the contract ends, the contract ends.

    It's not unreasonable for someone logging in to their TalkMobile account and seeing Contract ends 25 August 2017 to believe the contract (agreement) ends on 25 August 2017.
    • mobilejunkie
    • By mobilejunkie 14th Mar 18, 5:28 PM
    • 7,753 Posts
    • 2,511 Thanks
    mobilejunkie
    TalkMobile and TalkTalk Mobile clearly show a date in their on-line portals when a contract ends.

    Both companies may choose to continue offering a service after that date and customers may make payments. However, when the contract ends, the contract ends.

    It's not unreasonable for someone logging in to their TalkMobile account and seeing Contract ends 25 August 2017 to believe the contract (agreement) ends on 25 August 2017.
    Originally posted by SnowTiger
    Dig your head in as deep as you like. Plainly those contracts don't end, but you appear to live on a different planet. You obviously can't come up with the example requested - simply because it doesn't exist.

    Like some others on here who blindly plough on regardless, wishful thinking still doesn't make it so.
    • d123
    • By d123 14th Mar 18, 7:45 PM
    • 7,218 Posts
    • 4,658 Thanks
    d123
    It clearly says "contract ends" and gives a date.

    It mentions nothing about about 30 days or a PAC.

    It clearly specifies a date when the contract ends. TalkMobile even use the words "contract ends".

    I'd like you, d123, Inner Zone and zx81 to explain why you read that and think hey, ho, the contract doesn't end on that date.

    I accept that most mobile phone contacts continue after the minimum period, however TalkMobile (and TalkTalk Mobile) give a specific date when the contract ends.
    Originally posted by SnowTiger
    What part of the terms and conditions (that you would have agreed to on signing up) does that form part of?

    The only term relating to ending of contract is the one I posted...

    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
    Could you pop up another snazzy screenshot from the T&C's or even just a link and quote showing the section number?
    ====
    • pmduk
    • By pmduk 14th Mar 18, 8:28 PM
    • 8,537 Posts
    • 6,317 Thanks
    pmduk
    It's hardly surprising if both Talkmobile and TalkTalkmobile are confusing customers like this. They both originate from Carphone Warehouse, those non-champions of clarity and openness with customers!
    • SnowTiger
    • By SnowTiger 14th Mar 18, 11:20 PM
    • 3,301 Posts
    • 2,275 Thanks
    SnowTiger
    What part of the terms and conditions (that you would have agreed to on signing up) does that form part of?

    The only term relating to ending of contract is the one I posted...

    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
    Could you pop up another snazzy screenshot from the T&C's or even just a link and quote showing the section number?
    Originally posted by d123
    Talkmobile have given notice to end the contract by supplying a contract end date.

    Contract ends 25 August 2017 is notice that the contract ends on 25 August 2017.
    • Terry98
    • By Terry98 15th Mar 18, 6:57 AM
    • 940 Posts
    • 2,505 Thanks
    Terry98
    Could someone please tell me the difference between 30 days notice of termination and requesting a PAC.

    I thought that once a PAC had been activated and the number transferred to the new supplier that was the time the contract ended.

    Is the 30 days notice completely separate to a PAC request?
    • eDicky
    • By eDicky 15th Mar 18, 7:25 AM
    • 3,520 Posts
    • 1,702 Thanks
    eDicky
    Is the 30 days notice completely separate to a PAC request?
    Originally posted by Terry98
    The request for and issue of a PAC also involves a notice period of thirty days that will be billed and paid for, even if the service is terminated by using the PAC during that thirty days.

    If no PAC is requested, only cancellation, service terminates after the thirty days notice period and the phone number is lost.

    If notice of cancellation is given to the network, but then the user decides to keep their number, calls again and obtains their PAC, their previous cancellation is no longer valid and the thirty days starts again. Failure to use the PAC within its thirty days' validity will mean that the service will continue as normal under the contract, with payment taken as before.
    • mobilejunkie
    • By mobilejunkie 15th Mar 18, 7:58 AM
    • 7,753 Posts
    • 2,511 Thanks
    mobilejunkie
    Talkmobile have given notice to end the contract by supplying a contract end date.

    Contract ends 25 August 2017 is notice that the contract ends on 25 August 2017.
    Originally posted by SnowTiger
    The level of understanding is is consistent. The quality is the same for what constitutes "notice" as what the termination procedure is. Ignore the actual t&c and go with your own personalised wish-list based on a few words elsewhere on the website.

    If I actually conducted my contracts your way I'd:-

    1) Be actually paying endlessly for all my contracts with TM instead of making a profit on each one because they would all still be running;

    2) If I put my money and time where my mouth was I'd then waste a lot of both trying to sue TM with absolutley no prospct of winning, since I wouldn't have a case.

    3) Waste a lot of time getting rebuffed by the Ombudsman whilst still clocking up monthly payments on contracts I wouldn't cancel because I didn't learn from my misunderstanding of contract law and instead prefer burrying my head in the sand.

    BUT... I could still proudly come on here and moan, mislead and misinterpret the legal framework to my heart's content.

    Fortunately, I play the game and make a profit with free bundles on just about all my contracts - and have done so for about 11 years now, since I first researched how everything actually works and how to ensure I made the most profit with free use. But then, that's just me.

    I would add this note:

    I made a formal compalint against TM, which went to the Ombudsman, NOT because the contract didn't magically end after 24 months without me lifting a finger, but because they refused to accept 30 days' notice without paying for an extra day each time i.e. they expect you to pay for not only the day the contract started but the same day two years later. I stated it was was "24 month" contract and no-where in the t&c did it state it was 24 months plus a day (or however long TM decided). That to me was a clear breach of the t&c of my contract(s), albeit for a few pence of extra cost (and reduced profit!).

    Although I would a few pounds because TM hadn't followed their own complaints procedure and TM did refund the extra day, the Ombudsman basically found in their favour - despite a complete lack of evidence and meaning, in effect, they could lengthen the contract as they wished beyond the contracted minimum period. Whilst that definitely is unfair and just plain wrong, I haven't made a big song and dance about it on here. It does show, however, that for a relatively minor infringement of having to pay for an extra day I would have got absolutely no-where if I ignored the t&c completely and didn't give 30 days' notice.
    Last edited by mobilejunkie; 15-03-2018 at 8:10 AM.
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