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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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I recently signed a contract with XX XXXXX because I was

Customer Question

I recently signed a contract with XX XXXXX because I was told my phone account would be a lot cheaper than the account I had with Talk Talk. I now find that the bill is very significantly higher nearly double in fact I rang to cancel the account and was told it was a minimum contract of 3 years but they would see what they can do as they don't want me stuck with a contract I'm not happy with. It took them 3 days to get my equipment up and running at the beginning I was left without internet use for 2 days and as you will appreciate I have a web site and and e-mail address for my small business. Is there any way I can get out of this contract as I am very reluctant to carry on paying such an extortionate amount. They are charging for items which were included with my talk talk account as standard e.g an ip address caller display etc.

Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Did you sign any terms and conditions with them?

Were you provided with a detailed breakdown or the costings?

Do you have anything in writing from them where they confirmed they would be cheaper?

Kind regards

AJ
Customer: replied 3 years ago.

signed an order form which they say is a standard contract On closer inspection it does say Order Form at the top in bold letters then contract at the bottom in small print


On this form it says total monthly charges are £28.33p


I don't have anything in writing apart from this form

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Does this refer, anywhere to any terms and conditions either on the year or the back?

Kind regards

AJ
Customer: replied 3 years ago.

Under the section for Network services it states that Additional services are for a minimum period of 3 years


At the bottom it says I have read understand and accept the terms and conditions but this is in small print


I realise I should have taken more care and time to read this before signing but I took the rep at her word as I was in a rush to get to another appointment

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Were the "Additional Services" defined?

Were you actually referred to terms and conditions either on the front or rear of the purchase order?

Kind regards

AJ
Customer: replied 3 years ago.

There is a list of codes my order form shows line A ordinary listing and business in the table


below this table is a brief expanation of the codes A = analogue On closer inspection after additional services there is a full stop and then it says minimum period -3 years (except for any other period stipulated in Service Specific Conditions in respect of that service only, as set out below)


then there is a table showing Payment and Tariff details Fixed line rental charges of £13.33pm have been entered then Additional services £14.99 pm There is no explanation of what these Additional Services are


 


I was never referred to any terms and conditions at all, but I have only my word against the reps for this. I made a phone call to the compny to terminate this account and was then told about the minimum period and where to find the wording on the order form.


 


hoping this is of help


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I will go away and write a response.

It may take me some time so do not be concerned if you do not hear from me right away.

Is this a service used for your business?

Kind regards

AJ
Customer: replied 3 years ago.

Yes it is a small business account

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I will write a response and post it as soon as possible.

Kind regards

AJ
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for patience.

Essentially even though this is for business purposes in all likelihood you will still have consumer rights, as you are an individual and this is an ancillary service to your business.

1. The Law.
- When the service was sold to you they had an obligation not to misrepresent the product and to provide you with full details of any applicable terms and conditions.
- The relevant legislation for this is the Misrepresentation Act 1967 - Damages for misrepresentation.

(1)Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time the contract was made the facts represented were true.

2. The facts
- You were sold a service on terms and conditions that were described to you but did not match up to the actual terms and conditions that were never made available to you.
- You did agree to the three year period as this was printed on the purchase order.

3. Remedy.
What I would suggest you do is write to the company and say the following:
-. You were misrepresented the products being and believe you were deliberately misled into signing up for a service that you would not have otherwise agreed;
-. You deny you are bound by their terms and conditions as they were not notified to you before the contract was started.
-. If they do not agree to release you from the contract worth with you will complain to Trading Standards.

What I would then do is make a complaint to Trading Standards and try to negotiate out of the arrangement by offering say 3 months notice.

I look forward to hearing from you.

Kind regards

AJ