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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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i have been in dispute with talktalk phone and broadband since

Customer Question

i have been in dispute with talktalk phone and broadband since November 2012 i ordered phone and broadband with them after several letters and txts from them i was told that my phone and broadband had gone live, it hadn't and after several phone calls from myself to them they then told i could not have broadband in the area where i live, so told me my contract with them was to be cancelled as they could not provide the service that i had ordered, and to find another provider which i have done, talktalk are now telling me that i will be charged a cancellation fee and costs upto £180.00 could someone advise me where i stand on this matter
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

There is no basis for them demanding cancellation fees if they could not provide the service they agreed to deliver.

Max Lowry :

I expect this might be a case of one hand not knowing what the other is doing.

Max Lowry :

Have you written into Talk Talk to complain to them and explain the situation?

Max Lowry :

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.

Customer:

i have a letter of complaint ready to post today

Max Lowry :

Good. That's the first step.

Max Lowry :

If, after this, you don't get what you want, there are two options:

Max Lowry :

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.

Max Lowry :

2. Report the matter to the Communications Ombudsman. His website is here: http://www.ombudsman-services.org/communications.html

Max Lowry :

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.

Max Lowry :

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.

Customer:

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

Max Lowry :

Yes, cancel it. Always best. They often tell you to do that themselves actually.

Max Lowry :

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.

Customer:

yes i beleive so

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