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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice.
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I am attempting to terminate a contract with TalkTalk - who

Customer Question

I am attempting to terminate a contract with TalkTalk - who have failed completely to provide the complete service as defined within my contract. The contract should have commence August 2015 at £10.00 per month for an 18 month period. Firstly there was some sharp practice - a bill was presented on the commencement date for £20.00 plus. After much dispute with TalkTalk threatening to charge £350.00 plus for cancellation fees. This was withdrawn and the contract (Phone + Broadband) commenced. Two months into the arrangements it was discovered I was unable to receive incoming calls (No ringing tone to announce any call awaited. This occurred early October during a period when Talktalk were having 'Hacker' problems and any contact with them was blocked. After this embargo was lifted I have made numerous phone calls and Chats with their Help Line but could not find anyone to help resolve the issue. During the final call the Operator advised the best solution was to cancel the account.
This I did in writing (dated 18 December 2015 to the C.E.O at TalkTalk - expecting some contact in response but was disappointed nothing forthcoming. Christmas Eve 24 December 2015 an incoming call was received at approx. 19.00 hrs. No warning - no reason given.
It is my opinion that this is the result of my letter and TalkTalk will now attempt to apply the contract cancellation fee previously quoted.
I accept that at this stage it is conjecture on my part, but would wish to receive some advice if this proves to be the case.
Many thanks for any assistance provided.
C D Pepper
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Are you asking if they can apply the cancellation fee?

Customer: replied 1 year ago.
In the circumstances outlined -Yes
Expert:  Jo C. replied 1 year ago.

No. A cancellation fee is a fine which is contrary to UCTA.

But they do have a claim for lost profits as you are locked into a contract with them and if you leave they are entitled to be put in the position they would have been in if the contract had been properly performed.

I realise that you have complaints with them but they do not amount to terminatory breaches allowing you to cancel.

They won't sue anyway. They will just add a default to your credit file. That may be important or it may not. It depends whether you want to borrow money or use credit in the next six years.

Can I clarify anything for you?