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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14433
Experience:  Solicitor
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Talk Talk put me on Equinox credit default even though I

Customer Question

Talk Talk put me on Equinox credit default even though I have explained to them over 1 year that they owe me for non equipment and service off there bill of £500
JA: Where are you? It matters because laws vary by location.
Customer: Manchester
JA: What steps have you taken so far?
Customer: I have written and phoned over last 18 months
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I keep asking them for a credit for equipment I had to purchase and non service but all they have offered is £20/£30
Submitted: 16 days ago.
Category: Law
Expert:  JimLawyer replied 16 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You can allege breach of contract against TalkTalk (you have consumer rights here which have been infringed in my view).

Given the circumstances of your case I recommend that you make a formal complaint against TalkTalk and if that does not resolve the matter ask them for a final response letter (a "deadlock" letter).

You can make the complaint with TalkTalk here:

http://www.complaintsnumbers.co.uk/numbers/talktalk

Once you have the deadlock letter the next step would be to escalate this to the adjudication scheme (CISAS) - they will investigate and liaise with TalkTalk which would hopefully result in a refund of any monies paid. They can also order the phone company to make a financial award if they have acted badly.

The service is covered by the Consumer Rights Act 2015 so you have a right to expect a reasonable service - if they do not provide that then the regulator will step in but it also means you can sue for any damages or losses incurred as a result of TalkTalk's conduct.

You can escalate to the adjudicator here : https://www.cedr.com/consumer/cisas

If you have lost any money then you could sue TalkTalk but the court may consider that to be premature if you do not go through CISAS first of all.

You can sue for your losses via the http://www.moneyclaim.gov.uk website which is easy to use and no lawyer would be required.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 16 days ago.
I will come back to you later in the evening
Expert:  JimLawyer replied 16 days ago.

No problem

Customer: replied 16 days ago.
I contacted CISAS some months ago they were a waste of time they seemed to believe whatever Talk Talk said to them
Customer: replied 16 days ago.
Wow that was sharp, can we not have a short pre talk and then decide wheather to take it forward and agree a charge
Expert:  JimLawyer replied 16 days ago.

Hi, there is an automated phone call request which is optional - we can continue online if that suits.

Customer: replied 16 days ago.
any answer
Customer: replied 16 days ago.
I will think overnight and contact you tomorrow, is there any tome that suits
Expert:  JimLawyer replied 16 days ago.

If they owe you then you are left with the only option which is to sue them for your losses (via the Money Claim site). You say they owe you around £500?

Customer: replied 16 days ago.
No they say I owe them £500 which is correct except most months I got no or very slow broadband and also at the start of the contract they left me short of equipment which I had to purchase
Expert:  JimLawyer replied 16 days ago.

Thanks, you can argue against paying them due to the fact their service was poor - it is supposed to be carried out with reasonable care and skill - the broadband should be fit for purpose and as described too - if not then you can and should dispute the £500 fee they are claiming.

Customer: replied 16 days ago.
I know that and have been argueing for months yet they get Equinox to publish that I owe them £500 and my credit is affected which is libel is it not as they never notified me or any court case
Expert:  JimLawyer replied 16 days ago.

they can register a default if you have a credit agreement with them, or if they sued you and obtained a CCJ. If you have a CCJ and you didn't know anything about it then you can apply to court to set it aside.

Have you checked if they got the CCJ? If not you can check here: http://www.trustonline.org.uk

Customer: replied 16 days ago.
I waited till the year agreement was up and then cancelled, they did not sue me or get anything in court and yet got Equinox to publish the fraudulent information , surely I have been libled
Expert:  JimLawyer replied 16 days ago.

Libel is a written defamatory statement (which has to be untrue) designed to cause you reputational harm and financial loss - this is not an example of that I am afraid.

What you need is the damaged credit rating to be repaired - the adjudicator is the best way forwards however you say you have already approached them so I do not have any further suggestions. I will therefore opt out to let another expert help you with their thoughts going forwards.

Please do not reply to this as the question will stay with me and there will be a delay with the reallocation.

Thanks

Customer: replied 16 days ago.
I am after wasting 2 hours waiting for a reply why am I been treated like this, all Jim Lawyer told me ware things I already knew, waste of my £5 lucky I did not switch to a phone call. Ron Byrne
Expert:  Jamie-Law replied 15 days ago.

Hello my name is Jamie and I will help you with this.

I see my colleague has opted out. I have read with and agree with his advice.

What else do you want to know and I will see if I can assist?

Customer: replied 15 days ago.
so Talk Talk can tell Equifax credit agency print that I owe them £500 even though I do not and no court has ruled that I do and there is nothing I can do ?
Customer: replied 15 days ago.
any answer, I need to go to bed ?
Customer: replied 15 days ago.
Very poor service, I am been made a twit off
Expert:  Jamie-Law replied 15 days ago.

Yes, sorry I was not online at 12.30am.

Do you want me to outline how to get a Court order for it to be removed?

Customer: replied 15 days ago.
You send me a message at 12.21am and now you tell me you leave before12.30am, that is treating me like a twit. Even if I get it removed surly the damage is done to my reputation and there should be more I can do.
Expert:  Jamie-Law replied 15 days ago.

Do you want me to tell you how to get a court order? I did ask that this before you didn’t reply.

Customer: replied 15 days ago.
What good would a court order be, will it get me compansation for my loss of reputation or what.
Expert:  Jamie-Law replied 15 days ago.

You can seek that. But I don’t think you would get more than £50,000 or so

Customer: replied 15 days ago.
£50,000 would do me, how do I get a court order
Expert:  Jamie-Law replied 15 days ago.

You need to complete form N1:

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Section 100 Rights to rectification and erasure

(1)If a court is satisfied on the application of a data subject that personal data relating to the data subject is inaccurate, the court may order the controller to rectify that data without undue delay.

 

Section 168 and 169 sets out the entitlement to compensation.

The Court will issue the claim and set it down for hearing.

That should resolve it.

Can I clarify anything for you about this today please?

Customer: replied 15 days ago.
I will try that , thank you
Expert:  Jamie-Law replied 15 days ago.

Can I assist with anything else today?

Expert:  Jamie-Law replied 10 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.