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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice
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hi I have asked this question beforebut did not go further

Customer Question

hi I have asked this question beforebut did not go further with it. I entered a telephone t v broad band with talk talk I have had a lot of problems with it and want to end it .They say even with the cool down period it will cost me two hundred pounds.Is this so or are there any other options open to me.Bob
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

When does your contract end please?
Customer: replied 2 years ago.


my contract is sadly eighteen months .I am a old age pentioner and will be eating beans.I wish to Christ I never head of talk talk.

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.

So when does it end roughly?

Also, is there any provision for early cancellation?
Customer: replied 2 years ago.

I would presume from when it started in jan this year.I do not now this one again through language barrier it is difficult to communicate they appear to be programed with given sets of communication.This is not the employees fault or anything to do with race I know they need to work but I can not fully understand them it is not their fault or mine.It just is.

Expert:  Jo C. replied 2 years ago.
Ok.

Did you never get a paper contract at all?
Customer: replied 2 years ago.

no I can not rember getting about a contract as such. I am afraid I am very new to using a lap top and don't know how to rate your answer.

Expert:  Jo C. replied 2 years ago.
No, you won't be able to do that until I answer. Don't worry about that for now.

Lets try another avenue, what problems were you having?
Customer: replied 2 years ago.

I had been with talk talk for some time just telephone.However as soon as the guy put in the upgrade to broadband and t v.It all went back wards.Over xmas I could get no incoming calls then no out going either.At the same time as this I had a car insurance claim to deal with ihad to do it through a pay as you go mobile it was costing me ten pounds a day.So the upgrade went backwards.Some one trying to fix it six thousand mills away with a very long screwdriver!

Expert:  Jo C. replied 2 years ago.
Ok.

Is it possible that you could call them and ask them how long the upgrade ties you in for?

I think that the upgrade will have tied you in for a longer contractual period.
Customer: replied 2 years ago.

I have tried this but icould try again but I think it is eighteen months unless there is aloophole?

Expert:  Jo C. replied 2 years ago.
Well, it depends.

If its 18 months from last Christmas then can you find out if there is any early cancellation option?
Customer: replied 2 years ago.

I will try that and get back to you B.

Expert:  Jo C. replied 2 years ago.
No problem.

I will be here.
Customer: replied 2 years ago.

hi jo it is bob again;just phoned talk talk its even worst than I thought .If I send the box back it will cost £200 if I want out altogether its £500,i guess its beans for me and murphdog.

Expert:  Jo C. replied 2 years ago.
Well, there are other options.

If that is their opening offer then they will probably accept a lesser sum. You can always refuse payment at all and invite them to sue you. Its very unlikely that they would but what they could do is add a default to your credit account. That will only be an issue if you need to borrow money in the next 6 years.

If you are saying that the service was poor then there is a doctrine of repudiation of contract whereby you could be entitled to cancel but you have to show that they literally haven't been offering the service at all for many weeks if not months.

Even if you do cancel unlawfully though, they only have a claim for lost profits which will be nothing like the sum due under the contract.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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