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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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TalkTalk Service Charge on 26th January 2016.During the week

Customer Question

TalkTalk Service Charge on 26th January 2016.
During the week commencing the 18th January 2016, I reported a noisy and crackly telephone line on my home number *********** to the TalkTalk service number ***********
The TalkTalk response was to say that they would carry out some checks and would ‘get back to me’ some time later with the results. This TalkTalk did, they called me back to say that there was a problem and that they would have to send an engineer round to carry out some checks from inside my property. On arranging a visit date of date of the 26th January 2016, I was asked to comply with a statement which TalkTalk read out to me. The standard statement read to me, was to point out that if there was a fault with the equipment in my property, or, no fault was found externally then I would be charged a fee of £65. I was asked to agree to this statement by answering ‘yes’ verbally if I agreed, so that an engineer’s appointment could be made. The inference was that this conversation was recorded in order to comply with TalkTalk conditions of service. I agreed by stating ‘yes’, and the appointment was set for an engineer’s call between 1pm and 6pm for the 26th January 2016.
The engineer arrived at the date and time appointed. He established that there no faults on any of the equipment in the house. He said that there was a fault external to the house and that it seemed to be intermittent, but could not tell exactly where the fault was. He left the house and proceeded to investigate two or three (he said) terminal boxes in the streets (where these were he did not tell me). After some time, like an hour to an hour and a half, he said that he could not find or locate the fault and hopefully it would clear. I find this situation completely unacceptable. I can only guess that the engineer put in his report ‘no fault found’, which has led to the accusation that the fault was my responsibility. On his departure some time later I could still hear the noise and crackling problem.
A few days later, TalkTalk sent me a text message on my mobile telephone, requesting if the fault had been fixed, and to respond by sending back a ‘fixed’ message. By the then I could not hear the noise problem, and assumed that TalkTalk had indeed fixed the problem, so I responded by sending a text reply saying ‘fixed’. I thought that this was the end of the matter.
On the Saturday 23rd April 2016, on the internet delivery of the regular monthly TalkTalk telephone bill, a charge of £65 was included for the engineer service call. See copy of my telephone bill attached. I rang the TalkTalk customer service operation to protest against the charge, it was pointed out that I had said ‘yes’ to the charge if no fault was found, and that was the end of the matter. I was met with a stone wall response on several attempts to get TalkTalk to change their attitude.
On the 24th April, I again contacted TalkTalk via their internet ‘chat service’ to go through the whole matter again. At 7.32pm, the operative Reshan admitted that the fault was actually found at the exchange, and was not a fault on our side. See copy of the whole chat string attached where I have underlined the admission of fault on the second page. So the outcome is that TalkTalk are stating that as the fault was corrected at the British Telecom exchange, it was not their fault, and therefore I am the culprit and I should pay the service call charge.
I have never seen such a preposterous circumstance that purports the fault is mine and that I should pay for it.
I again contacted Customer Services on 5th May 2016 to request contact with the Complaints Department, and was answered by Adrian who refused to pass his surname to me. The reason he gave was that he was not allowed to provide that information. He passed me on to the Complaints Department.
I was connected to Mr Gaurav BamBuy a Billing Manager in your Engineering Complaints Department at 13.07hrs. I clearly stated that I still did not accept a charge of £65 for a fault that was found on an exchange that affected me. I requested a printed copy of the Service Agreement (the questions asked of customers before an engineer’s appointment is made) statement and a copy of the engineers report. I was informed that I needed to request the Terms and Conditions and Engineers Notes, in writing (including a £10 fee by cheque) from TalkTalk Group, Data Protection Office, PO Box 390, Southampton, SO30 9AQ. In the request I have to include proof of my identity, with my full name, my TalkTalk account number and my contact details.
I was told at the end of my conversation with Mr Gaurav Bambuy that my complaint would now be referred up, and that I would receive a reply in writing in 4 to 5 working days. I waited for this letter of explanation to be received before proceeding.
My suspicion is that the Terms and Conditions (Service Agreement request) are set up to overcome peoples Statutory Rights.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What response have you gotten to this complaint when they said you would get a reply in 4-5 days?What is it you want o achieve please?
Customer: replied 1 year ago.
Yes, I have had a reply. It says "We have investigated this charge thoroughly and have found this charge valid".
I want my money back!I do not see how I can be charged for a fault that was found to be in the exchange. I have that fault correction admission in writing on a chat response from TalkTalk.
Customer: replied 1 year ago.
What information do you require from me?
Expert:  Ash replied 1 year ago.
Ok - has the charge been paid or is it yet to be paid?
Customer: replied 1 year ago.
The charge has been paid as it was added to the monthly direct debit, nothing I could do without actually stopping the direct debit. If I had stopped the direct debit, that would have probably been taken as a cancellation of contract (which runs out in September this year).
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund 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 refund 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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?Alex
Customer: replied 1 year ago.
I have paper copy of the charge being paid as part of the whole phone bill for the month.
Expert:  Ash replied 1 year ago.
Yes, you can claim it back. See above.Does that clarify? Alex
Customer: replied 1 year ago.
Thank you. I will take your advice and start proceedings.
best regards
Keith Fishenden.
Expert:  Ash replied 1 year ago.
Happy to help Keith. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
We have completed thank you.
Expert:  Ash replied 1 year ago.
Thanks!

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