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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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Can I leave a telephone and broadband contract without paying

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Can I leave a telephone and broadband contract without paying the cancellation fee? My complaint is with Talk Talk who were going to have my telephone and broadband operational on 10th June. It went live then but I have had numerous problems and have informed them of these but I am fobbed off by operators who do not seem to understand what I am saying and to top the lot I was asked this morning if I had a screwdriver!.. I told them I was not touching anything with a screwdriver she then informed me I would have to pay £50 for an engineer to come out. I have paid all that was required of me in keeping with the terms of the contract but I am not receiving the service I am paying for. Talk Talk keep saying give us a chance I have given them numerous chances to resolve my problems but they just keep moving the benchmark by saying another 48 hours will resolve it and then when that comes it goes to another 48 hours. The broadband is keeping going offline and to make matters worse I switched my mobile to Talk Talk in order to keep all my bills in one place and that has problems too! Texts would get to their destination quicker by tortoise and all the texts are been 'saved up' and sent all together. Please help before I have no hair left. When I phone them I am on the phone at least 1 hour just trying to make them understand me.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How long did you sign up to the contract for?
Does it have a notice period?
Kind regards
Customer: replied 3 years ago.

It is for 12 months. I cannot seem to find a notice period.

Thank you.
Do the terms and conditions say that you have to pay a termination charges?
Kind regards
Customer: replied 3 years ago.

I am not sure had a look at them but cannot see anything

Customer: replied 3 years ago.

The operator I spoke to this morning said that if I gave them 28 days to remedy the problems and after his time if it was still not remedied then the termination fee would be waived, but and it is a big but I have been reporting problems since day one and they are trying to tell me that calls have not been logged. The only one I made about 10 days ago is logged but non previous. They can keep saying this to extend their 'give me a chance' to remedy the problems

Thank you.
My opinion would be that it is clearly a condition of the contract that they provide you with working broad band. They have not done this and it has wasted both time and money for you. A breach of a contractual condition would give you the right to rescind the contract regardless of notice period.
What I suggest you do is the following, write to the them and say:
-It has now been X Months since they installed the broadband and you still do not have working broadband;
- Say you have wasted numerous hours trying to resolve the issue and at no point have they taken any action that would suggest it would be fixed with any care or proper consideration;
- Say that it is a condition of your agreement that the broad band works and it is an implied term that the broad band be fit for its purpose under the Supply of Goods and Services Act 1982 - they have clearly breached both of these as you have never had continuously working broadband;
- Say you assert that as they have breached a condition you consider the contract terminated and insist on a full refund (optional: unless they send an engineer free of charge to fix the broad band within 48 hours);
- Say you require written confirmation from them they will not pursue you for any termination fees and say you reserve the right to complain to:
(i) Trading Standards
(ii) Ofcom
If they are going to be difficult about it and not release you, you have to keep putting pressure on them - unfortunately I have found with broad band providers they have so many customers they tend to try and deal with however kicks up the biggest fuss first.
I look forward to hearing from you.
Kind regards
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