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drewbot

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  1. It's still within deadline [26th and will be away today] but didn't want to waste their time and efforts on mediation if it's futile. Thanks, I'll have it away and with the court, and a copy to the claimant today. Thanks again. A
  2. Morning all, Have finally received my DQ from the court, dated ages ago but have been working away awhile. Anyway, I've only got a paper copy, but if I've still not received a copy of the agreement/contract from Lowells' proving any terms that they're claiming I'm bound to. Should I still tick yes to mediation, knowing full well that it won't succeed without this being seen in good time to prepare an argument beyond the obvious? Thanks in advance - I'll fill it in as indicated on the rest of the site, but am just aware that it's a waste of the courts/mediators time... Thanks A
  3. Good Afternoon all, Just received a copy of Lowell's directions questionnaire and as yet haven't seen anything from the court direct. Is this normal practice, or should I have received some other paperwork from the court too? I checked on the MCOL service and it doesn't seem to reference the papers that Lowell have sent me at all... It's been a few weeks and I'm hoping that I haven't missed anything important to defend my case with... Thanks again in advance for all your assistance and patience with this. Yours A
  4. Well I put the defense in as seems to have been done by many others [thanks Dx1100uk - helpful search terms to look for] and heard back from the courts that it's in the claimants hands for the next step. Assuming lowell want to take it further, what're the next steps as the letter only says that the court'll let me know when it happens...? Thanks again for all your collective help with this - I know it's probably very routine for you, but it's been stressful as all hell on top of life. Yours A
  5. Afternoon all, Could I please ask for advice upon the following draft? Thanks, I appreciate it's later than desired, but i've just got home to a reply letter claiming they don't have to provide a copy of the contract, and printing out another summary without any indication of what it's for [services etc?] Thoughts please - thanks in advance - this is somewhat stressing seeing as they've sat on it till today -
  6. Good morning all, Just a quick ask if there's a normal structure of the defence? Have sent the CPR 31.14 a week and a bit ago, but not heard anything from them at all. Assuming I've got to get it submitted before 1600 or thereabouts today to ensure that it isn't entered as default? Thanks in advance. A
  7. I didn't have a poor history and would always pay when requested. From all the information I can find said it was an 18 month contract. I did ask and they said they couldn't pause the contract without an address until I moved, so I continued paying to give me the month to find a new place... Otherwise you've got the facts of it there. Thanks again Yours A
  8. Yeah, I've moved since, and haven't taken TalkTalk with me - I was under the impression that the contract was over by date, and seeing as they've completely confused me with their data control, I wasn't inclined to go again with them. Does the contract restarting seem sufficient to be worth defending? Thanks again in advance. Yours A
  9. Not while I was there - It was transferred, presumably to a new supplier, about a month after I'd moved out of the flat, but rather than offering me the choice to transfer service to another location for the month left on the contract [as I had thought], they just cancelled the service altogether. I had been required to move house a few times, and all along, taken the service with me, under the impression that the contract wasn't renewed, merely continued. But when I did finally have to move out due to my redundancy, I kept the service going, and paid for, for so long as they carried on the service - at no point did I call them to actually cancel the service At the time, I did inform them of my redundancy and resultant likelihood of a moving house and was advised to continue paying for the notice period. Not supplier at that time as the service [barring the data breach shortly before moving] was excellent.
  10. I'm guessing you mean the new supplier at the flat? I don't know who they are - I had moved out by this point and, other than continuing to pay the months' notice period as I had been advised, had no further contact with the flat, or agency [beyond having given them a forwarding address if required]. Lowell solicitors are the company that are acting for Lowell portfolio 1 ltd and appear to have bought the claim. Sorry If I've irritated - I genuinely don't know who the ''new supplier'' was as I was not living there any more- It did seem strange that they'd assume to just cancel my contract without any contact or confirmation that I wanted it cancelled. I'll put the acknowledgement of service thing in now, and print/post the papers off as advised tomorrow morning [a spare 5 mins while the post office is open to do the admin] Thanks again. A
  11. Thanks for all this - I don't know what slamming is but I assume it's not legit? I had two home moves, and one moving out altogether [East Grinstead--> Bognor 1, Bognor 1--> Bognor 2, then Bognor 2 was cancelled] both of which seemed to go off without a hitch, and certainly didn't require any engineer visits to incur costs. The last move, wherein I had to move out and requested the end of service, was the one that seemed to throw issues up as previously it was all running smoothly. [following that I didn't have a supplier as the building i went into already had one, however, I also didn't request cancellation at all as previously explained.] I haven't yet filed the acknowledgement of service as I was worried I wouldn't be able to defend it with so little information [and no legal background] Do I gather from the tone of replies that this is a defensible case? Thanks again - A
  12. Will do, thanks for this - I'll pop the SAR off and CPR this evening, [working till five] As to the move/cancellation, I did move house back to my parents and having called talktalk as described, I accepted the likely extra few quid to pay for the full notice period. however, I was indeed shifted away from the service by the new tenants' other supplier rather than by my own request for cancellation. I have the emails saying i was booted, and the first two house moves were confirmed in an email from them, but I don't have any letters from me as I did it all on the phone [foolish me at the time] I'll get a SAR off along with a CPR, Should I adjust anything specific to account for this situation? Thanks again - I really do appreciate the calm confidence as I could really do without a CCJ and staying calm is tricky. Yours A
  13. Not as far as I can tell in all my records - been going back and the number seems to be the same one. The concen is when they claimed to restart a contract, without any request to do so.?
  14. Fair point - Sorry for the confusion. So in as close to a chronological order as possible... I took out broadband service in May 2014 - fibre service. In my house at the time. I moved to Bognor for work in early Oct 2014, notified them as soon as it was confirmed [24th oct] and transferred the service to my new address, which took them till the 6th of Nov to make live [without any engineer visits ] - at that time there was no implication of a new contract, so I took it to be ongoing. Due to the landlady moving back into my flat, I was forced to move to a new flat, in the same area, and moved service [again] - details were updated according to talktalk on the 22nd of May 2015 The data breach was notified to me via email from talktalk on the 23rd of October 2015. I contacted talktalk on the 21st of October 2015 and informed them that due to redundancy, i was moving out and wanted to see how I could put a hold on the account. They informed me that it would be cheaper to continue paying as there were only a few months left on the service, and it would be cheaper than cancelling early. I agreed to this verbally [unfortunately didn't get it in writing] and continued paying. On the 11th of December [2015] - long after I'd moved out of my flat, I received an email from talktalk telling me that they'd received cancellation instructions from 'another provider' - none of which I had instructed as I had not instructed anyone to cancel, however was assured that the service would continue, albeit only for a few weeks due to the notice period. This email stated that I was to be charged £256.91 for 'early cancellation fees' I queried this via phone, but they were unable to answer why a new contract had been logged, when there was no agreement to do so. On the 29th of December 2015, my bill read an outstanding balance of £35.50, which I thought was closer to the correct figure, and was paid off accordingly. I then received a bill on the 16th of January 2016 saying that the balance was now £291.31 - Which i queried and was told there was some confusion, and that they'd get back to me. I did not hear from them other than to reiterate their demands without clarifying where this large charge had come from, except that it was on the account. I then heard nothing following this until a few weeks ago when lowell piped up with demanding payment for something I was under the impression was an irregularity in record keeping - By my calculations, when I had moved out, until the 'cancellation' date, I had been a customer of talktalk for a little over 19 months, and thus the contract 'early termination' was not applicable. Hope this clarifies somewhat. I do look forward to any advice that could be suggested as to my next steps. Thanks again for your time and efforts. Yours A
  15. That was what shocked me after moving too [ was in a rental, and the original landlord wanted it back - so i moved and transferred the service - didn't require any engineer visit or anything to set up so i'm a bit baffled why they restarted the contract after a fair while at the house] anyway, in their t's and c's - updated as of 2018, they say this... [though i can't find any from when I actually signed up with talktalk years ago] 17 MOVING HOUSE 17.1 If you’re moving house and want to continue using the services, you must tell us at least 14 days before so we can cancel your old service. Further important information is available on our moving home page (www.talktalk.co.uk/movinghome), including that we may need to start you on a new contract and there may be an additional charge. 17.2 We’ll try our best to transfer the services but, if we can’t transfer some or all of them, and any are in the minimum period, you may have to pay the charges to the end of the minimum period. http://www.talktalk.co.uk/media/pdf/legal/TalkTalk_Customer_Terms_and_Conditions_v20190301.pdf Thanks for your thoughts all. A
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