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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A consumer issue. I had a bill from Talk Mobile

Customer Question

A consumer issue.
I had a bill from Talk Mobile for exceeding my download limit and I was charged 5 times my monthly bill for this privilege. In my ignorance, I was unaware of any limit and my issue in a way is with the lies I was told by two separate operators over the phone when I questioned the fact that there was no warning that I was getting close to said limit. They both told me (one a manager) that no company provides this service because the technology is not available. Why did they lie like this? When I asked the manager to show some discretion he offered me £6 and when I told him that was a ridiculous amount, he said that at this stage, that was all he could offer me. I’m absolutely sure in my own mind that were his words and when I questioned his statement by saying that he was telling me that if I pursued this there would be more of a refund available. This is when he got somewhat over-assertive denying that this was the case.
We ended the conversation and I decided to change my phone provider immediately and another phone call to a different operator to get the nine figure number I needed to keep my existing phone number, the operator effectively refused to give it to me. This is as you are well aware, illegal. I asked to speak to a manager and was told one would call me back and of course this never happened. I’ve cancelled my direct debit and moved on to another provider – of course I’m getting the threatening letters now, none of them mention my discussions or the lies or the breaking of the law.
My question is have they broken the agreement between us?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this
Do you accept you exceeded the limit? Is it a term of the contract that they warn you ?
Customer: replied 2 years ago.

I undoubtedly exceeded the limit and ignorance is no excuse. I assumed there was a trigger warning, which other providers use. My issue is with their lies and illegally refusing me my nine figure number.

Expert:  Ash replied 2 years ago.
Does it say in their terms they must provide a warning? I know BT do.
Customer: replied 2 years ago.

No, just that a fine will be levied if top limit is exceeded.

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. Unless there is anything in their terms and conditions which says they must warn you then they do not. You would hope and expect they do, like BT, but sadly it is not a legal requirement.
Its only binding that they must, if they say in their terms they will. I am sorry if this is not the answer you want and certainly not the one I want to give you. but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

You've not answered my question, I accept they didn't have to warn on this issue. My question is were they acting within the contract by two of them blatantly lying and one breaking the law by refusing to give me my nine figure pac number.

Expert:  Ash replied 2 years ago.
They are acting with the contract.
But they are NOT allowed to refuse your PAC.
Does that clarify?
Customer: replied 2 years ago.

So lying to me is acceptable and within terms of contract?

Expert:  Ash replied 2 years ago.
Only if it was at the START of the contract and those representations induced you into signing. Lying part way through may amount to a breach but not enough to terminate.
Does that clarify for you?
Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.