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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was a talk talk customer years until they had

Resolved Question:

Hi, I was a talk talk customer for 15 years until they had their 3rd cyber attack last October 2015.
They claim I had still 14 months of a contract still to run following a house move in july 2015 they said their terms/conditions etc had been usurped and I was liable to a penalty of £300 as I was in breach of the contract as I had moved my account to another provider following the cyber attack.
My previous contract had ended in April 2015 and as far as I was concerned they just moved everything to my new address in July 2015.
During the chaos and the resulting media frenzy in late October I decided the only safe
thing to do was to end my arrangement with TT,and I told them by phone what I intended to do.
I heard no more except for a lot of begging letters asking me to stick with them.
A couple of weeks ago I received a letter saying i was in breach of contract and they were pursuing me for the £300 breach of contract.
They said because I had moved house in July that the new 18 month contract was automatically initiated and therefore I was obliged to honour it.
My point is that I was absolutely terrified that the hack could have had really serious consequences regarding my data protection leaking out into the hands of criminals and then who knows what could happen.
I would welcome your thoughts regarding my position concerning this sorry state of affairs.
Many thanks,
Regards,
Anthony Brookes.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve ?alex
Customer: replied 11 months ago.
I want to avoid the £300 penalty being imposed on me by talk talk.
I was naïve in April 2015 when my contract had ended with TT and assumed they had just rolled over the continuing service and that I was then not in a binding contract.
They told me that beacause I moved house in july that they had instigated a new 18 month contract as per their terms. I was
happy with TT and just thought I would continue with them. However,when they had the massive cyber attack again in October I thought it most prudent to leave them for fear of what further damage they may cause me by staying with them.
Expert:  Ash replied 11 months ago.
Did they ever tell you it was a new contract?
Customer: replied 11 months ago.
They said they contacted and emailed me at the time I was moving house but I cant remember the exact phone call it was from a call centre somewhere and I have no contract in paper or correspondence relating to it then.
Also in the haze of house moving with millions of things to address I really cant remember agreeing to a new deal.
Also this was the 3rd house move in 15/16 years I had been with TT and as I said I was not really aware of having to agree each time with a new contract each house move.
I paid monthly by direct debit all through the years with them and they had been my preferred supplier. The only reason I left in a hurry was because of the fear factor and the thought that I could be a victim of data theft at that time.
During this period we could not properly get access to TT by email or phone as their service was suspended following the cyber raid.
Customer: replied 11 months ago.
My argument with them is that they are in breach as they have not done enough to protect my data potentially being released
into cyber space and all the criminals who feed on this material.
Media reports are saying that this issue is by no means at an end as they are saying that personal data is being traded on the dark web even now.
I can only speculate whether my information is in fact out there or not!!
Customer: replied 11 months ago.
I stayed loyal to TT even after the 2 previous attacks but this 3rd one was just too much. All the attacks have taken place within the last 18 months, and British Media have had a "field day" reporting it all.
It all adds up to sloppy control of peoples data privacy and is much too dangerous to continue with.
Customer: replied 11 months ago.
Can I also add,that I run a small sales agency business from my home and whilst this drama was unfolding I could not access my customer base safely for fear of information getting into the wrong hands. It was a complete shambles with no safe information being re-laid to us. In fact the Police had told TT to hush it down at the time as they were trying to locate the criminals' who were causing the cyber crime,this all added to the confusiuon,anxiety, and panic fuelled by the media at the time.
Customer: replied 11 months ago.
Did I mention that in the past few days of talking to them they have made an offer of £50 as a good will gesture off the claimed £300 penalty. Also when I spoke somewhile ago inJanuary with a call centre operator for TT they offered me a £150
settlement if I agreed against the£300 penalty.
At that time I didn't agree the offer, and they said it would have to be moved on to a higher level of management to sort out.
Your thoughts please!! I have also considered the current position on all of this and have toyed with the idea of making an offer to them to close this matter finally, I considered say £100 as my gesture of good will, what do you think????
Expert:  Ash replied 11 months ago.
Indeed I would agree.You need to write and set out your losses and request a compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not compenate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Customer: replied 11 months ago.
Hello Alex, Am I on strong ground re this case as you see it, I hadn't thought about the compensation route at all.
I had just hoped that it would be cleared up without all the hassle---am I just naïve??
I haven't lost any money (as a direct theft from my bank a/c due to the attack) yet!! Which is also what they will say.
Regarding the compensation issue when the TT systems were down and I was afraid to email people,customers,etc
I didn't keep a log of any business lost as it didn't cross my mind to do so at the time.Can I therefore prove any losses
accurately enough to force a claim. What are your thoughts,what should I claim for?? (anxiety,hassle,worry,nerve strain caused) Please advise what you would do. Thanks.
Expert:  Ash replied 11 months ago.
Yes you can claim that, they lost your data which is a breach of the data protection act.Does that clairfy?Alex
Customer: replied 11 months ago.
Alex, I'm just a very small fish in a big pool!, I run my small sales agency at home and just use the phone & email for that purpose and family & friends,etc. Am I wise to take on the might of TT,i have been very honest with you on this case and
what I have told you is basically the truth.
In your view at this stage should I threaten the contact I have made at TT with the court route or say nothing at this point.
Your thoughts please.
Expert:  Ash replied 11 months ago.
I think you have a chance. It's either that or go through the Ombudman which is a free service.Does that help?Alex
Customer: replied 11 months ago.
Yes, that does help. Re the claim about my lost data can I prove that they categorically lost it, they will say out of their4million
customers,only 160,000 customers bits of data leaked out into cyber space. They will say that mine wasn't in that number,how do I stand on that one please.
Expert:  Ash replied 11 months ago.
You were at risk. You had the worry.Alex
Customer: replied 11 months ago.
Thanks Alex, Yes! it was massively worrying and that's why I eventually took the decision to cut & run like I did.
Should I speak first to TT and make the threat or keep quiet if I go down the Court route.
Tony.
Expert:  Ash replied 11 months ago.
I would always speak to TT first then if it ends up in court you can say to the judge, looks how reasonable I am, I tried......Is that ok?Alex
Customer: replied 11 months ago.
Alex, that makes a lot of sense to me!!.
I will try the appeasement route first as you suggest,and get their reaction. I hope this doesn't sound daft to you but what do you consider my offer of £100 is worth at this stage/ or is this a sign of weakness and admission of "guilt" on my behalf.
What would you do???I hope this isn't too boring for you Alex!!
Expert:  Ash replied 11 months ago.
I would go for more.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 11 months ago.
Alex you have been very helpful.
The £100 offer is the amount I would give them to end the dispute
What do you think
Tony
Expert:  Ash replied 11 months ago.
I think so as well.Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Many thanks for your help today I will tick the boxes for you.
Regards,
Tony.

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