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TalkTalk - Erroneous Default


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I've recently paid off a loan and checked my credit record to ensure it was correctly settled.. when I've seen a default from TalkTalk dated Feb. Despite clearing off a £4k loan in 10 months, I've been screwed by a £65 default courtesy of TalkTalk.

 

Essentially I cancelled my TalkTalk package in August, prior to moving house. I thought nothing more of it (and received no correspondence) until this mornings discovery. Apparently I've defaulted on £65, I presume the final payment?

 

Now my issues revolve around the fact that I had no knowledge of this situation, and - to the best of my knowledge - TalkTalk made no attempt at rectifying the situation.

 

I plan to draft off a letter this evening - highlighting the following points:

 

  1. Failure to inform me (via a Default Notice*) and provide me with a means of correcting the decision;
  2. Failure to ensure the accuracy of their data, per one of the Information Commissioners principles;
  3. Failure to adhere to their own Terms and Conditions, via storing my personal information in an inherently insecure manner with nothing resembling a coherent security policy.

 

Clearly the main point is (1), but working professionally in Information Security - and having used the catalogue of TalkTalk failings as an example in numerous presentations since October, number (3) also seems an interesting point to make.

 

My only query is - do telecoms contracts come under the Consumer Credit Act? I doubt it, and if that's the case - then is there any guidance I can view? I can only seem to find guidance for the Consumer Credit Act, which requires the filing of a Default Notice. I'm not sure if this requirement exists for agreements outside the CCA?

 

I will also be doing a Subject Access Request as per the DPA, to try and work out what actually happened - as I'm stumped. If they refuse to rectify the situation, I'm pondering whether Ofcom or the ICO would be the next step - or if there's anyway I can really fight this? It's absolutely atrocious.

 

Any advice guys and girls?

 

Cheers!

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So the loan was not defaulted that you paid off?

 

As for TT

No they are not CCA covered

No requirement for a dn

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So the loan was not defaulted that you paid odd?

 

As for TT

No they are not CCA covered

No requirement for a dn

 

The loan I paid off is fine - but my credit record looks a bit poorly due to this default! Sorry if I didn't make that too clear.

 

Ah, I feared that being outside of the CCA they weren't required to issue a DN. That's a pain, I can't really seem to find any guidance regarding defaults outside the CCA.

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Prob not even them that did it?

But you missed a payment for 6mts

And many cra files auto show it as defaulted then

 

Did you give TT your new address in case there were issues?

You might have had a balance upon cancelling??

 

So

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Prob not even them that did it?

But you missed a payment for 6mts

And many cra files auto show it as defaulted then

 

Did you give TT your new address in case there were issues?

You might have had a balance upon cancelling??

 

So

 

As far as I was aware, Talktalk was successfully closed in August. As far as I know there were no further monthly payments due. I rang TalkTalk to inform them that I was moving and closing my account back in August, I don't recall them asking for my next address. Had they asked I would definitely have given it though. I'd also be surprised if they don't have my mobile number, as I seem to recall getting marketing phone calls from them at one point.

 

The £65 that is appearing as a default is also the correct amount for a bill too, so it would definitely appear to be TalkTalk and a final bill - but I knew nothing of this until seeing it appear on my CR this morning. I must admit, I'm very confused as to what has happened here - as to my knowledge everything was OK.

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Which why its so important to do things by written comma

 

You owed money

They obv wrote to your old address

 

Not a lot you can do

Unless you can prove you owed nowt

 

SAR time?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Which why its so important to do things by written comma

 

You owed money

They obv wrote to your old address

 

Not a lot you can do

Unless you can prove you owed nowt

 

SAR time?

 

It's frustrating as generally I try and do everything in writing,

and also make sure I keep any relevant paperwork.

 

 

With the amount of things that needed doing before moving though,

I think this has slipped through the net - and has been very costly as a result.

 

 

A bit gutted to see that this could be a black-mark for the next 6 years

when I've got no real idea how it happened,

and could've paid it as soon as it was brought to my attention.

 

Yeah, I was intending on a SAR just to work out what had actually happened.

I think I probably will do that as a first step now - just to confirm what happened.

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all is not lost

we have seen before a polite letter to say the CEO has worked

lets get the info.

and from the comms/account log lets workout what happened

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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