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Help with I Talk cancellation please..


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Hi everyone, i'm hoping that you could please assist me with this..

 

Basically, we've been with this company for 13 months, for our phone calls. Not had a problem with them since the start (good thing)

 

Had a call off BT on thurs, asking who our provider was, usual story.. cut a long story short, we've decided to go back with them, for the call package, as they are less than ½ the cost and getting more freebies than I talk.

 

BT contacted I talk, on our behalf, and told them that we are cancelling the contract, and going back with them.

 

Next day, a email comes off I Talk, stating..

 

Dear Mr xxxx

We are sorry to learn that you no longer wish to use italk as your telecommunications provider.

 

At italk we are dedicated to providing excellent levels of service and value for money at all times, and are concerned when our customers are dissatisfied in any way. I am therefore keen to establish why you have decided to move supplier and understand whether there is anything we can do to rectify the situation.

 

Confirmation details of your change are as below:

 

Your Telephone number: xxxxxxx

CPS option: All Calls

Switchover Date: 26-06-2008

I would like to remind you that your italk calls package is a 24 month contract and will be liable for any outstanding monthly fees. I will be contacting you within the next few days to discuss your circumstances in more detail, but in the meantime please contact me on xxxxxxx if you have any queries.

 

Yours sincerely,

 

xxxx

Customer Services Manager

italk Limited

 

So I reply via email, with

 

Dear Ms Witcher

 

Thank you for your recent email, concerning my change of call provider.

 

The reasoning behind my change, is that I have found that BT are offering a cheaper call package than yourselves.

 

Regarding the italk calls package contract lasting 24 months, I am sorry, but I have to disagree to this. When i took out the package last year, the contract was for only 12 months. Which is how I have now come to cancel the contract, as it is out of the 12 month period.

 

There is no way, I would of signed up for a 2 year contract!. If you would please provide me with the original telephone transcript for my perusal, whereby I did sign up for the 2 years, then I will apologise, and continue with yourselves, for a further 11 months. Else please take notice that on the 26th June, my account with you will be terminated forthwith, and will NOT be liable, or pay any more outstanding fees to yourselves.

 

I thank you for your time.

 

Kind regards

 

Today, get a letter off I talk, stating (verbatim, spelling and punctuation errors all theirs.)

 

thank you for your email. I can advise that the quickest and most efficient way of dealing with your complaint is to request a copy of the sales call so we can find out exactly what was agreed to and what was advised, to do this we would need to receive a cheque for £10

 

our sales script guidelines ensure our customers are well informed of our product and the legal terms and conditions making our contract legally binding

 

The Trading Standards legislation called the Distant Selling Regulations covers goods and servicess sold over the phone. It states that provided customers are given the correct information initially in the original call about the service offered, and paperwork to confirm this during the performance of the service, then the contract peiod we offer is legally binding.

 

If you are in dispute of this and would like to request a copy og the original sales call, please send in a letter signed by yourself accompanied by a chq or postal order to the sum of £11 care of ITalk Ltd.

 

This is then signed for by a member of the cancellations team.

 

Enclosed, which is the first time, ive ever seen this (apart from on their website during the week), is their terms and conditions. Which does state By choosing italk CPS you are entering into a 24 month contract.

 

Questions are.. Do we have to pay them the £10 wanted??, as this seems like a S.A.R - (Subject Access Request) request fee, when we have not requested a SAR only a copy of the sales call. Which as its 13 months ago, to me feels like they wont have a copy of it.. but you never know.

 

Also, where they state 'paperwork to confirm this during the performance of the service, then the contract peiod we offer is legally binding.'

 

We have never received any paperwork from them. All bills are viewed / printed after logging into their system.

 

Does this mean, that with everything done over the phone, they should of sent some paperwork out to us, for signing, before the contract commenced?

 

I know its only £10 they want, for a copy of the call / transcript, which I dont mind paying if we really have to. Its the remainder of the contract close to £100, which i begrude paying if we dont have to..

 

Any and all help and guidance would be most appreciated.

 

thanks for your time

 

be safe

 

Nige :)

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It is upto them to prove you agreed to a 24 month contract, and not for you to disprove, ask them to prove it. No need to send the £10 or £11 which ever it is... (?) that is for a SAR which I doubt you are asking for?

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Hi Hobbie, and thanks for the swift reply.

 

Those are my thoughts exactly, and a email will be swiftly on the way to their cancellations dept, stating so.

 

I will keep you informed of any further developments.

 

Thanks again, and have a great weekend

 

speak soon

be safe

Nige :)

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  • 3 months later...

Hi all, and Hobbie, if your still watching. Sorry for not getting back since june, reason being, havent heard anything off ITalk.

 

Details of whats happened since I last posted over this..

 

Again nothing heard from them, since up to today. When in the post this morning comes a letter from ITalk, stating..

 

Dear Sirs

 

OVERDUE >>£109.47

We have tried by letter and phone to contact you (blatent untruth, as they havent even attempted to respond to a mail, so why would they try and ring / write) to contact you regarding your outstanding debt, but have not had any response from you. How can I respond when I've not heard off them!?!

 

Failure to pay this debt within 7 days will leave us no option but to take legal action to recover the amount due. Court fees and statutory interest will be incurred. We attach a DRAFT Claim form (N1) the we intend to issue in BRIGHTON County Court. Please note a judgement (CCJ) could affect your credit rating.

 

Then attached is a draft N1, stating the usual..

 

claiment claims the sum of 109.83 for services rendered to the defendant including .36 interest..

 

So I ring Italk. No point emailing them, as they are either not read, or replied to.

 

Told, that in order to get hold of a copy of the actual call is to send in a chq for £10, for the S.A.R - (Subject Access Request).

We go round in circles, them saying that I owe the money, as it was a 24 month contract, and ive cancelled early. Me saying, prove i signed up for 24 months. After a few minutes of this, i stated, that they have received all the emails, i sent to them, in which i gave them 14 days to reply, they have not done, therefore contract is null and void. They cant come after me after 3 months to start chasing again. To be told, we can and will as you owe us the money!

 

So told them, still not going to pay, without proof from the actual call.

 

They then go on to state, that as im refusing to pay, they have no option than to issue the N1 proper..

 

Any thoughts and ideas would be greatly appreciated.

 

Thanks again

be safe

 

Nige :)

From: xxxxx

Sent:

09 September 2008 15:51:03

 

To:

Claire Kennard ([email protected])

 

 

 

Dear Ms Kennard

 

Thank you for your recent email. The contents of which are noted.

 

Although, as previously mentioned in earlier emails. I categorically stated, that if I did not hear from you within the 14 days stipulated in the email, then our contract with yourselves would be considered null and void, and we would proceed to go with our new suppliers, which we have done.

 

The email was sent to yourselves, and has been received. Therefore you have had the full opportunity to digest and reply to the contents, which you have not done.

 

Since we have received no correspondence from yourselves, since the 14th June, we have nothing further to add. The contract has been cancelled, and any bills received will NOT be paid now, or at any time in the future.

 

You cannot simply come back after nearly 3 months, with a reply stating you will look into matters. I'm sorry, but this is just not good enough..

 

Kind regards

 

xxxx

 

 

 

 

 

Subject: Italk Customer Service

Date: Mon, 8 Sep 2008 18:29:35 +0100

From: [email protected]

To: xxxxx

 

Dear Mr xxxx

 

Thank you for your email. We would firstly like to sincerely apologise for receiving no correspondence in regards to the last email you sent us dated 14th June. In light of this issue, I would like to advise that we will look into this and you will receive a reply within 7-14 days from today.

 

Kind regards

 

Claire Kennard

Customer Service Advisor

 

 

 

 

From: me

Sent:05 September 2008 15:01:46

 

To: Customer Services ([email protected])

 

Thank you for your recent email, and notice of a final bill. However may i draw your attention to the following emails, which have been sent and received to your company.

 

Basically the final email was sent on the 14th June 2008, in which i gave you 14 days in which to reply.

 

As you have not replied, nor sent the copy of the telephone recording, I have no option than to say, that I will NOT be paying for this nor any other bill your company sends to me.

 

yours sincerely

 

Final bill received off Italk, via email dated

 

Your Latest Bill Is Now Available

From: Customer Services ([email protected])

 

Sent:05 September 2008 12:19:52

 

To:xxx

 

 

 

We are pleased to inform you that your latest italk bill is available to view on-line. A PDF version of this bill has been attached to this email for your convenience.

 

Should you wish to view your bill on-line, please go to xxxx and log in to your account.

 

Many thanks,

italk Billing Team

Letter received off them I have it somewhere in my bundles, but cant locate it at this moment in time.

Dear Mr Lee

 

Thank you for your letter dated 13th June, received today (14th), the contents of which are noted.

 

I would like to bring up the following points. It is up to you (the supplier), to prove that I willingly, signed up for the 24 month contract. Therefore I put you to strict proof of this, with the actual telephone recording conversation, between your sales person, and myself dated some time in May / June 07.

 

The amount of £10, quoted in your letter, is usually for a Subject Access Request via your Data Controller. I have not asked for this, only the actual telephone recording of the said conversation. Therefore I will not be paying the amount of £10. Consequently, untill proof of the contract is received, we will not be paying any outstanding monies to your company.

 

You quote 'the Trading Standards legislation called the Distant Selling Regulations covers goods and servicess sold over the phone. It states that provided customers are given the correct information initially in the original call about the service offered, and paperwork to confirm this during the performance of the service, then the contract peiod we offer is legally binding.' We have never received any such paperwork, nor received any terms and conditions from your company. I put you to strict proof of us receiving any paperwork. You have sent a copy of your terms and conditions. Again I put you to strict proof, that these are the same terms and conditions as when we supposedly took out the 24 month contract. As these could of been changed at any time during the last 12 months, irrespective of what the website states, as again these could of changed at any time.

 

I look forward to recieving all the above details, within the next 14 days, after which time, as far as i am concerned my contract with you ceases, and we will go with our new supplier.

 

Yours sincerly

Edited by jo1lygrngiant
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