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Hi, welcome to Just Answer. I will help you with your question.
There is no basis for them demanding cancellation fees if they could not provide the service they agreed to deliver.
I expect this might be a case of one hand not knowing what the other is doing.
Have you written into Talk Talk to complain to them and explain the situation?
I ask because more often that not it takes a letter or email to them to get somebody to look at things properly and actually have the authority to tell you what the correct position is.
i have a letter of complaint ready to post today
Good. That's the first step.
If, after this, you don't get what you want, there are two options:
1. Do nothing, and see whether they pursue you. If they do, you have an obvious defence - i.e. they told you they were cancelling as they couldn't provide the service.
2. Report the matter to the Communications Ombudsman. His website is here: http://www.ombudsman-services.org/communications.html
The ombudsman has power to resolve these types of complaints with service providers and to order you to be paid compensation for the poor quality of service etc.
There is a third option actually, such as issuing court proceedings yourself against them, seeking an order clarifying that you're not liable. It's always a last resort this route though, and option 2 is usually preferred.
i have a direct debit set up with talktalk am i in the right to cancel this so that they donnot take monies not owing to them
Yes, cancel it. Always best. They often tell you to do that themselves actually.
I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.
yes i beleive so