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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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I recently moved home. I also moved my TalkTalk landline phone

Resolved Question:

I recently moved home. I also moved my TalkTalk landline phone with me. A new number was given to me which I refused and made a complaint to the CEO. They came back to me and said they were able to reallocate my old number. Some work on BT box has been done and my old number was reinstated. The line was tested and it seemed ok. Now, I can make calls but cannot receive calls to my old number. I went back to the guy in the CEO office who was dealing with my complaint and he seemed ignoring me. I sent him many emails and left messages on his answerphone but he is not responding. What can I do in this situation ? Receiving calls is important to the service.

Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Are you asking if you can force them to give you your old number?
Customer: replied 2 years ago.

No. My old number is ***** That is solved. However, I can't receive calls to it. If someone rings, the reply is "it's wrong number". But can make calls from it.

Expert:  Jo C. replied 2 years ago.
Ok. Obviously that shouldnt be happening.
But what is your question about this?
Customer: replied 2 years ago.

My question is:


 


They are ignoring my complaint about this.

Expert:  Jo C. replied 2 years ago.
Yes, I've seen that.

I'm really sorry but thats not actually a question. What would you like to know about this?

Are you asking if you can force them to resolve this?

Or if you can claim compensation?

Or something else?
Customer: replied 2 years ago.

In a situation like this, what can I do ? I am bound by 18 months contract with them and they are not providing the service they ought to provide under their own written Terms & Conditions. I kept phoning them and emailing them and they seem to be ignoring my complaint.

Expert:  Jo C. replied 2 years ago.
Yes, I do understand that is frustrating.

The practical reality is that you cannot force them to act more efficiently or develop better customer services skills. Whatever you say on the point to them, there is no way of converting an unreasonable person into a reasonable one.

The remedies lie in breach of contract.

It does depend exactly what is in your contract. If the contract does say that the same number must be provided then you can rely upon that although that is unlikely.

If it does say that the same number must be provided then they are in breach and you could sue for consequential losses such as profits.

If it does not say that then they are not in breach in failing to provide it so those losses fall away.

They should be providing incoming calls. That is just a simple breach whatever the contract says. If this is a business contract that guarantees service then you could probably claim lost profits from them.

In terms of leaving entirely, if this carries on for several weeks then you could argue that they have repudiated the contract by failing to provide the service and so you are free to leave. That is a very high test so its probably not reached yet but if they still haven't acted in a few weeks then you would have a stronger argument. They will probably not be very happy about that and threaten to add defaults to your credit account and they may actually do so but you could then sue.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you.


 


Apart from their internal complaint procedure which, I believe, I exhausted, is there any external body (such as an Ombudsman, for example) to complain to ? My fear is that if I would move to another provider, the latter may not be able to fix the line. And this will complicate it further.

Expert:  Jo C. replied 2 years ago.
Yes, there is a communications ombudsman here

http://www.ombudsman-services.org/communications.html
Customer: replied 2 years ago.

Ok thanks.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
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