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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience:  Over 5 years in practice
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how do i go about cancelling a talktalk contract due to poor

Customer Question

how do i go about cancelling a talktalk contract due to poor service which is 3 months into an 18 month contract... ordered in November, final connection late December, since then we've been without telephone, & broadband due to connection error for 3-4 days, the service also regularly gives an error code requiring a full system reset losing channel settings and recorded programmes, I have spoken to them to resolve and looked to cancel and they are threatening £500+ termination fees
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 locked into a contract?
Customer: replied 2 years ago.

I believe i am in an 18 month contract

Expert:  Jo C. replied 2 years ago.
Are there any breaking clauses?
Customer: replied 2 years ago.

not that I can find reading the T's & C's

Expert:  Jo C. replied 2 years ago.
Does thes service work at all?
Or are the faults just intermittent?
Customer: replied 2 years ago.

Faults intermittent

The initial delay in receiving the service was followed by total loss due to the connection being reassigned to another customer

we then receive the same TTG-201 error message which means we have to reset the system, the router, the TV box, whichmeans we need to reset the extra channels we have and loose any recording

We have reported this 3 times to TalkTalk, i have followed their online resolution instructions and have been led through their fix by one of their operators twice

I have refused an engineers visit as they charge £65 for this

They have told me the "powerlink" networking units (which the TV system needs to work) need to be plugged into the wall not an extension but this was not detailed prior to receiving the equipment

I have since installed a wifi bridge link instead which is more stable, however I have now suffered the same error message for the past 2 days despite resetting the system yet again

Expert:  Jo C. replied 2 years ago.
How long was the complete long for please?
Customer: replied 2 years ago.
Sorry I don't understand what "complete long" means if it's contract its 18 months
Expert:  Jo C. replied 2 years ago.
Sorry, complete loss of service?
Customer: replied 2 years ago.
3 days I think
Expert:  Jo C. replied 2 years ago.
Is it back in service now?
How long ago was the 3 days ?
Customer: replied 2 years ago.
In January
Expert:  Jo C. replied 2 years ago.
Thanks.
It is fair to say that it is very difficult to cancel contracts such as this. By their nature they are hard to escape.
You could try to argue that they have repudiated the contract by failing to provide a service. The difficulty with that is that it has been two months since the complete loss of service and although the current level of service is not good, it is being provided.
That is not to say they are not in breach and may be able to offer some form of compensation but escaping the contract entirely is hard to do.
If you are intent then you can escape by paying a cancellation fee. If they went to court they will not get £500 as their claim is for lost profits not any sum that they denote is appropriate.
However, they won't go to court. What they will do is add a default to your credit rating. That might matter, might not depending on your credit situation at the moment.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The only other question then... is as I ordered the system in Nov 14 and didn't have access to it until late December i didn't get a chance to trial the system

Would this affect my statutory rights in terms of distance selling and the required cooling off period

Expert:  Jo C. replied 2 years ago.
Not for this type of contract because it began before the cooling off period.

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