What is a material change?

I have just had an email from the CEO of Talk Talk Business making some changes to my package. I still have a year to run on contract but they are withdrawing Worksafe a complementary add on from my package and implementing late fees for late or missed payments.

My question and I have also fired off an email to this effect, is this a material change to my contract so can I leave penalty free. It says and I quote

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

Which to me doesn't make a whole lot of sense.

Well, I wouldn't ask them if these are material changes, I would decide for myself and tell them if I thought the changes were material.

On Worksafe, tell us what impact the loss has. Would you source an alternative? How much would this cost? Or would you do without and what impact would it have?

On the late charges, I think this would be a material change, but this might be harder to argue especially if you are never late or missing payments.

I would think that you can either leave them within the next 30 days free of charge, or continue with the new terms and conditions.

I would expect that the original T&C say that they can make a change in the way they propose. If you have the original T&C you could check.

Thanks for that. I pay by Direct Debit which is organised by the supplier so late fees should never occur.

Worksafe I never use and I would just go without and use another DNS.

What's not clear is in the Price Book the price for my package has gone down (£34.95) from last year (£36.95) but the price I agreed when I renewed my package (£31.95), it's not clear if this applies to me.

It's all a bit academic since I plan to cancel the service within the month but might save me £125 penalty for contract early termination is what I have asked.

In reply to a post by Michael_Chare:

I would think that you can either leave them within the next 30 days free of charge, or continue with the new terms and conditions.

I would expect that the original T&C say that they can make a change in the way they propose. If you have the original T&C you could check.

I have 2 T&C's a General and one they sent me with the agreed renewal price. No mention in the latter of leaving other than the early termination fees.

It's just this 30 day bit that is leading me to believe that there may be a free leaving period.

In reply to a post by Banger:

they are withdrawing Worksafe a complementary add on

Under consumer legislation 'complimentary' items' form part of the contract, I'm not sure if this extends to a business contract which you have with TTB.

Thanks for that. I have been through the T&Cs they sent me and the General ones and there is no mention of mid contract changes.

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

The implication of that wording is that if you *do* contact them within 30 days you can terminate the service (otherwise it would be meaningless).

Therefore, if you were wanting to terminate the service anyway, then phone them up and say you do not accept the changes to the terms and wish to leave.

In reply to a post by candlerb:

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

The implication of that wording is that if you *do* contact them within 30 days you can terminate the service (otherwise it would be meaningless).

Therefore, if you were wanting to terminate the service anyway, then phone them up and say you do not accept the changes to the terms and wish to leave.

That was my first read of it. It sounds rather messy so i would phone in the first instance and comfirm in an email and end early if that is the case

Think the exact phrase is 'material detriment' and while the included service being removed might be debatable the new fee schedule isn't, and they know it which is why the mention of 30 days. You're good to go.

In reply to a post by Banger:

I have just had an email from the CEO of Talk Talk Business making some changes to my package. I still have a year to run on contract but they are withdrawing Worksafe a complementary add on from my package and implementing late fees for late or missed payments.

My question and I have also fired off an email to this effect, is this a material change to my contract so can I leave penalty free. It says and I quote

If we do not hear from you within 30 days of this notification and you continue to use your service, it will automatically continue on the new basis outlined in the Price Book once these changes are applied.

Which to me doesn't make a whole lot of sense.

The wording in their response you includes does suggest to me that at least some of the change is material or they wouldn't use this wording.

The fee for late payment I would argue isn't, also for a business service the Late Payments of Commercial Debts (Interest) Act applies so this may only be about making it clearer; they have a statutory (written in law so included by default) right to charge a late payment fee and interest (subject to the rules of the Act).

On the "Worksafe" and "complementary add on" (I presume you mean complimentary as in free) - This is a bit dependant on the significance of that add on and how it was marketed.

If you don't use Worksafe then you're on weaker grounds as it's not material if you didn't use it. But you can try.


seb

In the similar case of BT withdrawing its free cloud storage it made no difference whether you used it or not. I don’t know of anyone successfully claiming their contract was void. That was another ostensibly “free” service, though it was fairly easy to ascribe a monetary value to it.

My last 12 months begins Oct. 23 2025 so I will wait until then before cancelling just in case and that is also within the 30 days.

You will be ceasing xDSL rather than migrating xDSL so that could still include a cease fee...

Noted.

Have you got a reply from the TTB manging director ?

No although the reply to was customer services but no reply from them either.

In reply to a post by 4M2:

You will be ceasing xDSL rather than migrating xDSL so that could still include a cease fee...

I do wonder if cancellations under contract changes would incur such a fee...§

It's a possibility, I had to pay uno https://www.uno.uk/price-list/ a cease fee when I ceased ADSL a couple of years ago when I moved to another provider for FTTP. However, in my case, the broadband service was on a one month minimum term. The ADSL was resold TalkTalk Business on a SMPF line - PSTN was with a different provider. Looks like uno charge for an outright cease in most circumstances (£20 or £37 for VDSL?) perhaps TalkTalk Business also charge for a VDSL cease which is what Openreach appear to require from providers who, in turn, pass that change onto leaving customers?

In reply to a post by Banger:

My last 12 months begins Oct. 23 2025 so I will wait until then before cancelling just in case and that is also within the 30 days.

Give the quality (!) of Talktalk customer service, I would start this as soon as possible as you may be passed from pillar to post for weeks, and could end up passing the 30 days.

Of course this shouldn't affect your rights, but after the 30 day window has passed you'd then have to be arguing to be unlocked from your contract retrospectively based on the contacts you'd made earlier, which could be a very long and drawn out process.

If you can't get any resolution by phone quickly, then a letter by signed-for delivery may be the best option. And anything you do by phone, you might want to record.