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Talk Talk have filed a defense.


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Here is my long winded saga with Talk Talk.

 

I ended my minimum term contract with Talk Talk as I was moving to another broadband and telephone provider, BT.

 

I paid all what was owed to Talk Talk, and my contract ended - so I thought.

 

I then received a letter from Talk Talk chasing £20 or therabouts, so I called them and they said this was a mistake and they credited my account and said I will hear no more about.

 

I then receieved another letter chasing the money, so I ignored it and thought it crossed in the post with my phone call to customer services.

 

However, a month or so later I then received another letter stating it was a final demand, so I contacted Talk Talk again and asked what was going on.

 

They apologised once more and advised they have made the arrangments to have this sorted and I was assured again it will all be sorted.

 

So...I waited and heard nothing....

 

Then low and behold I recieved a letter from a debt collection agency for the £20 plus their fee's

 

I contacted the debt collector to advise this is complete mistake and you have been wrongly informed - they pretty much called me a liar and said they will not remove the debt until they have been informed by Talk Talk to do so.

 

So... I then contacted Talk Talk again! and advised of the situation and they were shocked by it - funny that!

 

They advised they will contact the debt collector and call it all off as it was a complete mistake.

 

I then again waited...

 

Guess what! I received another letter from the debt collector stating it was final demand and they were going to take me to court over it!!

 

At this point you can imagine I was mortified at what had gone on.

 

I then emailed Talk Talk head office advising I will issue proceeding on their company if they do not sort this mess out and fast.

 

I then recieved a call back to advise they have contacted the Debt collector again... and their case has been closed and we have credited your account once again with the £20 and you will hear nothing more from Talk Talk.

 

As you can imagine this has caused me a great deal of inconvenience and stress, not to mention the amount of phone calls I have had to make and the emails and letter I have sen to resolve the matter.

 

A few months passed and I thought it had finally gone away...but I was wrong in thinking that!

 

I then receieved another two letters from Talk Talk direct demanding I pay the money or they will refer it to a debt collector.

 

I then recieved a letter and many phone calls from a different debt collector this time, harrassing my for the money.

 

I contacted the debt collector by phone and advised them by phone and as you can imagine they wasn't at all interested and said they will note their file.

 

I then contacted Talk Talk again..advised I will be issuing proceedings against their company and put them on notice.

 

I then receieved a telephone call from their head office about the matter and was given a load of troff over the phone with no end of apologies.

 

I then said I have already issued proceeding as I have had enough, I have been more then reasonable in sorting a problem out which is completely down to the incompetence of your staff and systems.

 

I explained that this will have an adverse affect on my history, credit and otherwise if I do not act and resolve this matter - which is entirely no fault of my own.

 

I recieved another call from Talk Talk explaining that once again they have contacted their debt collector and called off any further chasing as no money is owed by me.

 

I reminded them that I am continuing my legal proceedings for the stress, inconvenience, time, phone calls and harrassment received because of it.

 

I have submitted a claim for £100 inc my £25.00 legal fee via Money Claim Online.

 

However, Talk Talk legal team have since filed a defense and it now states on the claim status that the claim will be heard at another county court - is this standard procedure?

 

What happens if I lose this claim, will that mean I will be required to pay all the cost of the denfendants solicitors?

 

I cannot believe Talk Talk have filed a defense after all the hassle I have gone through to which they admit has been completely no fault of my own and that it has been overlooked on their part.

 

Can someone please shed some light on this matter.

 

And if it does get heard in court will I be able to get my point across, other than the pittyful amount of space on the claim form?

 

Thanks in advance

Edited by andyhjones
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Sounds like yuo have a reasonable case to me. You've also not fallen into the trap of requesting stupid amounts of comp. 75 is reasonable so you should get taken seriously. It might be different if you'd asked for 1000 or something daft. I reckon you pitched it pretty perfectly.

 

it is generally the case that a defendant has the right to be sued in his own court, although this is normally not the case when the defendant is a company. Often depends on the court though, so transferring to another court isn't unexpected. You can request your local court on the allocation questionnaire if you want. Nought to lose. Stress them big company, you poor wronged consumer. Might fly. You could also start with arguments about local stores etc (are they not owned by carphone warehouse? Or were they just sold or bought by them?) but this is a bit technical.

 

It also sounds like you issued on-line. This being the case the case is always transferred if it is defended.

 

In the small claims track you should not be exposed to any fees.

 

Have they actually filed a defence, or just acknowledged? What is their defence?

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Thank you for your advice on this matter. I think I have been much more than reasonable in what I am claiming considering what I have experienced.

 

My claim was acknowledged, then a defence was filed but I am not aware of what their arguments are. I will doubt hear from TalkTalks solicitors.

 

I hope this matter doesn't drag on, all I want is to see an end to it and never hear from the damn company again.

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the court should send it to you. sometimes it takes a while when it needs to be re-allocated from MCOL. chase your local court for the defence if you hear nothing in a fortnight.

 

Also worth doing the mediation. Don't drop below £75 though. Don't be afraid to go through it but refuse to reach an agreement.

 

also remember that you will have a hearing fee to pay and you only get this back if you settle a certain time before the hearing date. You'll also need to write to the court to get this back if you do settle, they won't automatically return it.

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You cannot believe they're defending? Of course they will - AND you'll be made to prove your 'loss'.

 

It may come as a surprise, but there is no automatic 'right' to you setting your own charges for dealing with their incompetence, it either is done with their agreement, or they will see it as unjustified and protect their interests - which is what they are doing here.

 

I agree their handling of this matter has been shameful, but you have to realise. they have points of principle too, and even if they lose the argument that they had not dealt with your complaint in a serious and professional manner, it is YOU who will be made to jump through the hoops to show your 'loss' or costs in resolving the matter. It is not possible for you to arbitrarily decide to 'fine' them a set amount and then try to extort it from the using due process.

 

The only strong position you are in is that there is an action pending - so now is the time to negotiate. Contact and explain that by raising the action they will see you are serious about this issue, and are not prepared to take any more. Ask THEM what they are prepared to settle, with the additional guarantees that should it restart, you have an agreed scale of charges you will institute, and that they pay for all your costs in calling up your credit files from the 3 national companies.

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Moving to the telecoms forum...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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