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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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what legal action can be brought with a comunications service

Customer Question

what legal action can be brought with a comunications service provider who has failed repeatedly upon trying to address the situation with provider one of the latest is that they have failed to contact customer haveing been requested to do so three times since the 11/05/2013
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Who is your contract with?
Customer: replied 3 years ago.


my contract is with talktalk

Expert:  Jo C. replied 3 years ago.
Thanks.

What is the fault with their service?
Expert:  Jo C. replied 3 years ago.
Hi

Are you having trouble using the site?
Customer: replied 3 years ago.


not at present but issues have been going on for some time without the response from the ceo's department

Expert:  Jo C. replied 3 years ago.
OK.

So you mean Talk Talk are providing a service at the moment? Is that right?
Customer: replied 3 years ago.

yes but i have informed them that as of the 22nd of may that the service is terminated or for a better word canceld

 

Expert:  Jo C. replied 3 years ago.
Thanks.

When did you take the contract out roughly please?

Customer: replied 3 years ago.


the curren service did not start untill the 06/03/13

Customer: replied 3 years ago.

the curren service did not start untill the 06/03/13

Expert:  Jo C. replied 3 years ago.
Thank you.

Were you locked in for a year?

I presume there was no cooling off period?
Customer: replied 3 years ago.


the 14 days cooling of period would depend on the instalation of each item to be installed and not as a one off installation

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean? Sorry if I'm missing the point.

Customer: replied 3 years ago.

should the equipment have been all installed on the same date then would constitute that i had 14 days from the date of installation to cancel if i was unhappy with the service


 

Customer: replied 3 years ago.

should the equipment have been all installed on the same date then would constitute that i had 14 days from the date of installation to cancel if i was unhappy with the service

Expert:  Jo C. replied 3 years ago.
Thanks.

And did you cancel within that time? I'm just trying to see whether you still have rights of cancellation under the contract.
Customer: replied 3 years ago.


no i did not cancel with in that time as i have said repeatedly that the service instalation did not take place untill the 06/03/13 and i have only just on the 22/05/13 canceled the service which i was informed yeaterday the 24/05/13 is still active

Customer: replied 3 years ago.

no i did not cancel with in that time as i have said repeatedly that the service instalation did not take place untill the 06/03/13 and i have only just on the 22/05/13 canceled the service which i was informed yeaterday the 24/05/13 is still active

Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

I'm sorry but this makes no sense.

On what basis are you hoping to cancel? You seem to accept you are receiving the service now?
Customer: replied 3 years ago.

the fact that from the date of application which was the 12/01/13 untill the actual date of installation which was the 06/03/13 was well over the advertised response time as laid down under their own guide lines even their owns customer complaints director agreed with me and asked me to give them one last chance to redeem themselves

Customer: replied 3 years ago.

the fact that from the date of application which was the 12/01/13 untill the actual date of installation which was the 06/03/13 was well over the advertised response time as laid down under their own guide lines even their owns customer complaints director agreed with me and asked me to give them one last chance to redeem themselves

Expert:  Jo C. replied 3 years ago.
So, in short, you want to cancel because they installed late? Is that right?

Customer: replied 3 years ago.

not just that it is the continued lack of sevice i have recieved over the period from the 06/03/13

Customer: replied 3 years ago.

not just that fact but that we have been constanly in contact with talk talk with no reponse from them at all

Expert:  Jo C. replied 3 years ago.
I am really sorry but these are not grounds to cancel.

This is diabolical customer services and I can well understand why you are furious.

Come what may though, they have installed and they are providing the service now. Lateness and general bad customer services does not amount to a repudiatory breach allowing you to cancel without condition.

If you are intent then they do only have a lost profits claim against you rather than a claim for the full sum due under the contract.

They will not bother to sue though probably. it would not be worth the manpower. What they will do is add a default to your credit account and that is generally undesirable.

The closest you could come is to argue that the cooling off period should run from the date of installation rather than the date of order but I could not guarantee success I'm afraid.

I am sorry but thats your position and I have to give you truthful information.
Customer: replied 3 years ago.


i am not saying that this is a bed service from your self but certainly is from just answer site as the reasons were that everytime i responded to your last reply as soon as i entered the reply responce the page would keep going to subscribe to a monthly subscription and would not enter my last reply any one can take at look at the curren page and see the retrys in attempting to solve this issue with just answer i will get some response out of them at some point because i dont keep throwing good money after bad without someone getting a flee in their ear

Expert:  Jo C. replied 3 years ago.

No problem :)

 

All the best.

 

 

You can email customer services about that. They will resolve it for you.

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