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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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I took out Fibre broadband with TalkTalk. I explained what

Customer Question

I took out Fibre broadband with TalkTalk. I explained what I used my computers for and they said Fibre Medium package would be fine. When set up I did not find it as promised, it was slow. I complained and a Talk Talk engineer said he had checked everything and it was fine, only thing to improve speed was fibre large package that was a lot more expensive and included TV that I did not want. I contacted BT and explained my predicament,they said they could supply fibre broadband and they were sure I would be satisfied. After BT became involved TalkTalk rang again to say there may be a fault on the line but as I was leaving they would not investigate further. The now wish to charge me breach of contract over £250.00 as they say I did not give them time to investigate the fault if there was one. Did I break the contract or did they when there engineer said everything was in order and I needed to pay more for a better service?.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did they guarantee a certain speed?
Customer: replied 2 years ago.

I explained to the sales lady I had broadband with Sky but wanted more speed and believed Fibre broadband would be the answer.They did more than one package so I went into great detail about what I used the computers for, the same as I have used them for the last Three years. They advised me that the Fibre Medium would be adequate for my needs, so on there advice I went with them.

Expert:  Jo C. replied 2 years ago.
But did they guarantee a certain speed? Often they do.
Customer: replied 2 years ago.

I have had a quick look cant find anything. I am not very technically minded so tend to explain what I do and seek there advice

Expert:  Jo C. replied 2 years ago.
Were you locked into a contract with Talk Talk?
Customer: replied 2 years ago.

The contract was for 12 months. they say as I did not give them 27 days to investigate the possible fault I am in breech of contract although the first engineer told me there was no fault and I needed the faster and more expensive package, something I had not budgeted for.

Expert:  Jo C. replied 2 years ago.
And does the contract provide for that?
Are they entitled to 27 days?
Customer: replied 2 years ago.

They say they are. If the first engineer is correct and he was adamant there is not a fault on the line (nothing done as far as I am aware once BT took over but speed fine) then 27 days or 100 days would not have made any difference as they were not doing anything only trying for over One hour to sell the Fibre large. Once BT informed them they were taking over the service a second engineer rang to say there may be a fault on the line and he blamed the first engineer saying he only checked the speed and did not do a comprehensive investigation of my complaint.

Expert:  Jo C. replied 2 years ago.
You will need to check that. You can always phone them and ask which clause of the contract they rely upon.
However, come what may, it is likely that the law would imply that you have to give them a reasonable opportunity to put this right before cancelling. If you left immediately then I'm afraid that that that probably would amount to a breach.
What they are entitled to claim depends upon what is due under the contract. They cannot just claim for everything. Ultimately they will not have been providing the service. That may not be their faults but nevertheless it is the case. At the very highest point they have a claim for lost profits which is unlikely to be £250. There may be a charge for administration but again it will not be anything like this sum.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?