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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been with Talk Talk Internet for many years and had

Resolved Question:

I have been with Talk Talk Internet for many years and had intermittent and shoddy service from them many times.
From May 5th on I had no internet at all and I spent a total of 6 hours on the phone to them trying to get the problem resolved with no success.
They kept telling me there was no fault with the phone line.
I therefore spent many hours and expense trying to find fault with my own equipment.
No fault was found.
On the 13th of May I determined to go to BT.
On the 27th of May a BT engineer arrived and he eventually got the internet going again and I have had no problems since.
I anticipated Talk Talk tactics and cancelled my Direct Debit to them.
Since this date Talk Talk started bombarding me with threats, some veiled and some not, by E mail and subsequently by letter saying I have broken my contract and I owed them £150.
On the 20th of June I sent a letter to a Zoe Auckland of Talk Talk with complaint asking for compensation for my losses.
(I had bought a new computer and router because I had been told there was nothing wrong)
She has never had the courtesy to reply in writing.
I consider they have broken 'contract'.
I now have a letter dated 16th Sept. demanding £150 and 'Notice of intention to file a default'.
So my questions are
How can a 'contract' imposed by them, and nothing agreed or signed by me be a legal contract?
Does such a company like this have the legal power to bully and threaten without engaging in WRITING with a customers complaint.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Had you informed them that you were going to cancel the direct debit?

Customer: replied 6 months ago.
I had not thought of that.
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded 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 6 months ago.

Many thanks for your patience. A contract would be implied in the absence of anything in writing and clearly there would have been some sort of contract here because they were providing you with a service and you were paying them for it. So a contract would have been in place. What they are likely referring to is the terms and conditions which you should have been sent at some point or been referred to detailing the requirements to provide notice to cancel their services. So it would appear that they are mostly aggrieved at your sudden termination without the appropriate notice.

Whilst you may try and claim for the costs of a new laptop/router, sadly these are not losses you can pursue them for as you have not ‘lost’ anything – you have the items you paid for, even if you did not need them. You can however argue that by not providing you with a service they had acted in breach of contract, although they do not have to accept that.

They can certainly ask you for payment even without having engaged with you in writing, but they will also be subject to certain regulations and if you believe that they are acting unfairly then you should contact Ofcom to complain about them or also try the communications ombudsman.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your advice response.
I bough the new computer and router because of their deception and lies. I had no need to replace them.But my main grievance is with the cost of phone calls to get them to do their side of the 'contract' and the many days of internet lost, and many hours of my time that in law counts for nothing.
In my opinion the law still has nothing to protect the layman and nothing has changed since 1066 and all that.
Only money counts.
I am still angry that such an arrogant outfit can get away with their scurrilous tactics and the law allows them to get away with it.
Thank you once again for you prompt advice.
I have no grievance with you!
Expert:  Ben Jones replied 6 months ago.

You are most welcome and I completely understand your frustration - I have been in a similar position in the past so can certainly empathise. The issue is we have to work within what the current law says and sadly it is impossible that the existing laws will ever be able to satisfy everyone or provide them with an outcome they desire. It does not mean you do not have rights, just that they may not necessarily be as extensive as you may have hoped.

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