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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My telephone & Broadband provider switched me off & turned

Resolved Question:

My telephone & Broadband provider switched me off & turned me over to another company without my knowledge.I didnt find out untill i recieved an invoice from the new company.I wrote a letter to Ofcom.Ofcoms reply was that this is called slamming & is a breach of regulations.My then current provider is now sayng i am in breach of contract & have appointed a solicitor makeing a claim of up to £2,400 00.They say someone took over my services but do not know who.I find this hard to believe.
How can i be in breach of contract when my current company turned me over without contacting me?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Have you contacted the company that have sent you an invoice regarding the swap over?

Customer: replied 1 year ago.
I was advied by Ofcom to contact them.as they are not registered with an adjudicater.
My emails were not anwered. They were were not available to talk to me by telephone saying they would call me back.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. In the circumstances, you should not pay anything and dispute the invoice you have received. You may have been in potential breach of contract had you voluntarily transferred over to the new provider and then not paid your bills, but in the circumstances you did not even know that you had been transferred over and not only that but the transfer was likely illegal and against regulations. Therefore, they should not hold you in breach of contract.

At this stage an invoice is just a request for payment. Even the appointment of a solicitor does not give them any further rights. Simply put, they cannot force you to pay anything at this stage. All they can do is ask you to pay but unless they go to court and win, they cannot force you to pay anything. So it all depends on whether they are brave (or silly enough) to go to court, knowing that it will expose the way the transfer occurred and unlikely to give them a successful outcome.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to try and get them off your back, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. In the circumstances you may wish to contact them via their formal complaints procedure to advise them that what they have done is against the rules and that as a result you are not liable for the debt they are pursuing. Also you may wish to advise them that if they continue to unreasonably pursue you then you will have to treat this as harassment and take it further if necessary.