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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I have had a large bill from talk talk, I had their service

Customer Question

I have had a large bill from talk talk, I had their service for 9 days, then cancelled as it was very poor. They sent me a bill for £91.81 which I paid in addition to the initial payment of £60. Then they sent me a bill for £553.97. This is for a breach in contact. I complained with the company talk talk, they did nothing. I have been though the communication ombudsmans process, which have found although they made mistakes, they can't over turn the bill.
With the new change on consumer law last month, I believe this is an unfair contract term. And talk talk breached the contact for not providing a quaility service, which I rejected by right. I believe this is in unfair charge for a poor service for 9 days.
I believed that I had 14 days from the service being installed to charge my mind, but it was from me taking out the contract, which it took 13 days to be installed so I was over the time limit. I believe this has now changed with the new consumer law too.
As digital services were not covered by consumer law until this new amendment I believe they have been able to take advantage of consumers with unfair contact terms and charges. I would like to persue this matter in court, and over turn the charges. Also I would like to make a contest claim for stress and damages.
Would I used small claim sherif court ( I am in Scotland)
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
You would not sue TalkTalk in court to overturn the charges unless you have already paid them. You would wait till they sue you and then you would defend the action on the basis that the charges are excessive and unfair. If you have paid them already then you would sue them for repayment on the same grounds.
Customer: replied 2 years ago.
I have not paid, and they have advised they will refer to a debt collection agency, who have contacted me.
Can they forceabiliy make me pay the debt without a court order? Or is this an unforceiable debt?
I am concerned of having debt collectors to my door.
Also I have an execellent credit rating, and don't want this affected, again, can they apply this to my credit file without a court order?
Many thanks
Patricia Munro
Expert:  JGM replied 2 years ago.
No, on all counts they need a court order. Simply say to the debt company that the debt is in dispute and that they will have to take you to court and that you will be defending the action.