How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71144
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Talktalk didn't charge my card months in spite of my

This answer was rated:

Talktalk didn't charge my card for 8 months in spite of my having told them about the fault after the second and third months. In a letter dated 4th August, 2015, I was informed that due to a systems fault, the charges weren't made and that I owed them £349. all the bills which were emailed to me had credits as if the bills had been paid. during several phone calls and exchange of letters, I paid for the 2 months Nov and Dec 14 before I realised that it wasn't a bank error and I paid for July and August. since then, my computer and phone have been cut off and I now have letters from their debt collectors. I have written to the Chairman and the CEO with no response.
Letters from customer relations tell me that "This isn't the kind of experience that we want you to have with TalkTalk" and "I will do my very best to take care of thangs from Here" Yet the amount that they say I owe has shot up to £431.38. How can this be if the phone and computer have been discontinued?
what I would like from you is the name and address to send all the correspondence, please.
R Hartley
I'm not sure what your question is for us?
Customer: replied 1 year ago.
Dear Jo,Originally all I wanted was the name and address of the Ombudsman who dealt with internet providers since I can't find that information on the web. Now I would like to know what your thoughts are about their treatment and what you think might be the likely outcome. R Hartley
Are they trying to add debt collection charges?
Customer: replied 1 year ago.
Yes, but only £20 and that is the fee from the debt collecting agency
The short answer here really is that it depends for what they are charging.I must admit, the mere fact that they have your service does not necessarily mean that you are not liable to pay. It depends why it was cut off. If for instance they are alleging that you had not paid previous bills then they would be entitled to cut off supply and still be able to recover any lost profits due under the contract.If, however, they just overcharging then clearly you are not liable to pay.They will not be able to claim excessive debt collection charges either. If they have to sue then they will have a claim for the cost of doing so but no more.Is quite unlikely that they would sue. It's not worth the manpower of doing so. What they may do though is add a default to your credit rating which is generally to be avoided if you want to borrow money or take out contracts in the next six years.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Would the fact that one of their customer agents admitted, in writing, that it was due to an error on their system that they didn't take the payment from my account? I told them about it 3 times and was assured that the payments had been made. Also when I printed the bills, there was a credit for the previous month right up to July 15 when my debit card expired which was when they realised what had happened and when I told them yet again.R Hartley
No. You are still liable to pay. The fact that it was their fault isn't relevant to that.
Customer: replied 1 year ago.
What, in your opinion, would the Ombudsman's opinion be? would he take into account that it was their fault and allow me some recompense for all the nuisance and un-helpfulness of TalkTalk? EG. I have asked for a detailed invoice to explain why this amount has shot up by more than £100 when my supply has been cut off and nothing has been done about it? I could work out how much each month's was from the bills that I did print and pay that but I am just very mad at them for their obduracy. Would that work do you think?R Hartley
Not really to be honest. Come what may, you have to pay for anything for which you are liable.I think I covered the over charging above? They won't get anything for which you are not liable.
Customer: replied 1 year ago.
Many thanks for your help, Jo. Just one more thing: in the first letter, Nick Gunga wrote that because it was their error, I wouldn't be charged any card rejection fees or late payment penalties. I rang my bank to find out if it was their error and was told that TalkTalk hadn't applied for the charges ie that the bank had not rejected the fees. I passed this on to TalkTalk during a phone call. I think that I did a lot to try to correct this and am thoroughly fed up with them. What would happen if I offered to pay them in installments?R Hartley
You could pay in instalments. They will not refuse your payment.
Customer: replied 1 year ago.
Dear Jo,Again thank you for your very helpful advice. I'm gong to work out what the six months payments should have been from the bills that have been emailed last year and pay that amount. In the end, can't be bothered with installments even if it would - I hope - upset them. needless to say, I have another supplier now!R Hartley
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Jo C. and 3 other Law Specialists are ready to help you