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Standard User uppi
(newbie) Fri 13-Sep-13 13:34:36
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Re: Talktalk fraudulently moving my services from BT


[re: mixt] [link to this post]
 
In reply to a post by mixt:
This is a complete fubar'd mess.

Since you have said that you're contract is (or, according to them now, was) with BT, and is not and never has been with TalkTalk, in my opinion, it is BT you should be calling and escalating with to sort this out.

You need to really get on the heels with BT here, as it is they who appear to have incorrectly terminated your contract, and allowed your line to be (erroneously) transferred to TalkTalk. You need to clarify by who that was authorized, and how. If they can't provide this, then it is entirely up to them to sort this mess out, and compensate you accordingly.


I don't even feel like contacting BT or TalkTalk Because I get nowhere. My broadband does not even work now I have been promised by several Managers at Talktalk that they would ring me back within 24 hours. But they Never do!

I even phoned up 10 minutes ago just to get told that they won't transfer me to a Manager as it's not my Account. And I have been without broadband for nearly 2 days because of this? IDK What to do I'm just fed up now. BT Re-Transfer my services will take at least a Month and asking BT for compensation is impossible as they just refuse to compensate. As I have had times when I lost my broadband service due to the issues that the have caused.
Standard User mixt
(experienced) Fri 13-Sep-13 13:50:00
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Re: Talktalk fraudulently moving my services from BT


[re: uppi] [link to this post]
 
As I said, forget dealing with TalkTalk - you have no contract with them, nor them with you. It's a waste of time. BT is the only way forward.

If it was me, I would try my best to get BT to rectify this mess and sort it out as quickly as possible. If they refuse, I would then play the card of "I obviously have no contract with you then, as you are saying you don't with me". As such, I would then cancel any standing orders and direct debits with BT, and order a brand new line + broadband, which will trigger off a cease and re-provide. Once the line has been re-provided, bill them for their own costs in providing you with a cease and re-provide due to their screw up of transferring your previous line to TalkTalk without your consent or authorization.

Obviously, this mostly likely means you lose your original land line number. If you are prepared to wait for them to sort their own mess out, don't go this route but do keep persisting that it is their problem that they need to fix, and that every day without broadband is costing you money, which you will bill them for as compensation.

Now on <aaisp.net> (21CN+IPv6+40Mb/FTTC)
Previous ISPs: Virgin Media (50Mb/Cable), Be* Un Limited, ZeN
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Standard User uppi
(newbie) Fri 13-Sep-13 13:53:45
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Re: Talktalk fraudulently moving my services from BT


[re: mixt] [link to this post]
 
In reply to a post by mixt:
As I said, forget dealing with TalkTalk - you have no contract with them, nor them with you. It's a waste of time. BT is the only way forward.

If it was me, I would try my best to get BT to rectify this mess and sort it out as quickly as possible. If they refuse, I would then play the card of "I obviously have no contract with you then, as you are saying you don't with me". As such, I would then cancel any standing orders and direct debits with BT, and order a brand new line + broadband, which will trigger off a cease and re-provide. Once the line has been re-provided, bill them for their own costs in providing you with a cease and re-provide due to their screw up of transferring your previous line to TalkTalk without your consent or authorization.

Obviously, this mostly likely means you lose your original land line number. If you are prepared to wait for them to sort their own mess out, don't go this route but do keep persisting that it is their problem that they need to fix, and that every day without broadband is costing you money, which you will bill them for as compensation.


BT are not Liable to compensate me for them screwing up I have already been in a similar situation in the past they Just won't compensate me.


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Standard User mixt
(experienced) Fri 13-Sep-13 13:58:43
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Re: Talktalk fraudulently moving my services from BT


[re: uppi] [link to this post]
 
BT are not Liable to compensate me for them screwing up I have already been in a similar situation in the past they Just won't compensate me.

Seriously? Who told you that, and where is it written?

A legal contract is binding between both parties involved. BT have broken their contract with you, for providing telecoms services. Thus, they are liable. I'm not a legal expert, but if this went to a civil court, and a BT representive said that to the Judge, pointing at BT terms and conditions wording the same thing (if that even exists), the judge should (and probably would) laugh, ruling in your favour, because I just don't see how, in contract law, that is even legal.

Now on <aaisp.net> (21CN+IPv6+40Mb/FTTC)
Previous ISPs: Virgin Media (50Mb/Cable), Be* Un Limited, ZeN
Is Linux routing your internet connection?
Need to make BIND geo-aware?

Edited by mixt (Fri 13-Sep-13 13:59:30)

Administrator MrSaffron
(staff) Fri 13-Sep-13 13:58:47
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Re: Talktalk fraudulently moving my services from BT


[re: uppi] [link to this post]
 
A fatalistic stance.

It all hinges on what BT has or has not done wrong, the Notification of Transfer for the phone transfer was sent. Any fault for BT hinges on when they were told this was not the case that you wanted to move.

Phone calls often fail in these situations and slower old fashioned letters are better as it makes it easier for people to deal with things and check facts before replying.

Andrew Ferguson, [email protected]
www.thinkbroadband.com - formerly known as ADSLguide.org.uk
The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
Administrator MrSaffron
(staff) Fri 13-Sep-13 14:03:05
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Re: Talktalk fraudulently moving my services from BT


[re: mixt] [link to this post]
 
If BT acted on a request to move services from another provider and sent out the required notification and no request to cancel was received in the time frame then BT will have nothing to answer for.

If BT were told within the cancellation window to stop the transfer and failed to do so then they would be liable in my view.

If a trouble maker initiated the moves and the original poster missed the cancellation window, BT are still not liable, and things swing towards TalkTalk for not verifying the transfer request details. If it was someone with enough information to pass any reasonable checks then we are looking at a civil case in small claims court against an individual possibly.

This is not a simple scenario.

SOLUTION: Seek legal advice NOW

Andrew Ferguson, [email protected]
www.thinkbroadband.com - formerly known as ADSLguide.org.uk
The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
Standard User mixt
(experienced) Fri 13-Sep-13 14:13:52
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Re: Talktalk fraudulently moving my services from BT


[re: MrSaffron] [link to this post]
 
If BT acted on a request to move services from another provider and sent out the required notification and no request to cancel was received in the time frame then BT will have nothing to answer for.

I appreciate your point here, but this seems completely flawed. When creating or terminating any contract, at the most fundamental level, a wet signature is required, though these days, that is mostly skipped on so many levels. For BT to just issue a fire and forget notice saying services will be transferred is just madness, in my opinion. What if the person is ill ? Away on holiday ? Or post delayed ? That maybe how the current process works, but in my opinion, that doesn't make it right, or even legally valid.

But yes, I agree with your final comment. Legal advice definitely needs sought.

Now on <aaisp.net> (21CN+IPv6+40Mb/FTTC)
Previous ISPs: Virgin Media (50Mb/Cable), Be* Un Limited, ZeN
Is Linux routing your internet connection?
Need to make BIND geo-aware?
Administrator MrSaffron
(staff) Fri 13-Sep-13 14:24:08
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Re: Talktalk fraudulently moving my services from BT


[re: mixt] [link to this post]
 
If your assertion is correct, then millions of us have lots of contracts outstanding as the verbal replies on phones to cancel or online forms cancelling services.

The fire and forget is the Ofcom approved method and as much as some people don't like it, wishing it was different does not change the posters situation.

I trust you submitted to the previous consultations
http://www.thinkbroadband.com/news/5984-ofcom-picks-...
expressing the desire that changing provider should be
a) Slower
b) Require provider to wait for the return of an actual letter
c) Still open to abuse as anyone can forge a signature and drop a letter in a letter box.

Andrew Ferguson, [email protected]
www.thinkbroadband.com - formerly known as ADSLguide.org.uk
The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
Standard User uppi
(newbie) Fri 13-Sep-13 14:31:14
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Re: Talktalk fraudulently moving my services from BT


[re: MrSaffron] [link to this post]
 
I have finally got somewhere with TalkTalk the Adviser said the broadband order is taking longer to move over and that it will be working by midnight tonigt,
Administrator MrSaffron
(staff) Fri 13-Sep-13 14:48:22
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Re: Talktalk fraudulently moving my services from BT


[re: uppi] [link to this post]
 
Using that service could be seen as constituting accepting that the move was valid and authorised by you.

So unless happy to now resolve billing/account issues with TalkTalk pursuing them to get everything installed and working is not the way to go.

What was your backup scenario for home working if the old BT connection had died?

Andrew Ferguson, [email protected]
www.thinkbroadband.com - formerly known as ADSLguide.org.uk
The author of the above post is a thinkbroadband staff member. It may not constitute an official statement on behalf of thinkbroadband.
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