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Andre in Chile

I will write about being a foreigner (Expat) in Chile and about happenings. I will vent my frustration about companies and will share pictures of travel. Dont expect regular updates ;)

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TalkTalk taking them to court

September 24, 2006 by André

without prejudice

I wrote earlier on that I received a cheque of 140 GBP from the Carphone Warehouse.

I filed a claim at the small claims court and I thought it was good to document what I did and how I did it so other people can learn from the experience.

The story: I used to be a customer of TALK TALKS Landline Service and the horror began as I moved address.

I very soon found out that TALKTALK could not provide me with a land line service at my new home and instead they sent me to BT. On my first call (Cancellation call) to TALKTALK I was advised I need to speak to a manager to cancel which I did. After this I kept calling my old number to check if it was disconnected and it wasn´t… To cut a long story short. It was impossible to get through to TALKTALKS Customer Service by phone so I sent countless e-mails and was always told that my line is disconnected. After then receiving bill after bill and seeing my account was debited I decided to cancel the direct debit.

Then the worst part started as I received threatening letters from TALK TALK stating that they would sell my debt to a debt collector……..


After sending signed for letters to Charles Dunstone and the Head of Credit Control with no result I decided to file a claim and I am going to write how I did it.

One very important step before filing a claim is to let the other party know you will do this if the issue is not resolved within a given time frame. Also to let them know that additional costs will need to be paid by them.

How to claim. First go on the link below:
Money Claim Online

moneyClaimimage1

then click I am a claimant you register as a new client and from there it is very simple. You will not need a lawyer as it is the small claims court. You also needn´t pay the companies costs of solicitor although some companies might threaten you with this.


The whole process is fairly simple – here is another screen shot:

moneyclaimimage3

the next screen asks you if you want to open a NEW claim

moneyclaimimage4

The next few steps are fairly simple – I am just going to provide you with one more screen shot:

moneyclaimimage7
Here you will need to enter the amount you want to claim. Don´t forget if successful the defendant will have to pay court costs.


After you file the claim this is processed by the Northampton court and they will send it to the Defendant. They then have 2 weeks time to file a defense, admitt their guilt or open an new claim against you.

If the defendant does nothing you win and they have to pay. If the company defends they will win another month. In this month they have the chance to file a defense or to settle the claim. If you are not happy with the outcome you can move on to the real small claims court. The fees for this I think are another 30 GBP.


PLEASE DO NOT SEE THIS AS LEGAL ADVISE. I AM ONLY DOCUMENTING WHAT I HAVE DONE. IF YOU ARE NOT SHURE SEEK LEGAL ADVISE. I hope this documentation helps.

talktalk problems, cancel talktalk direct debit, charles dunstone,

Posted in Legal Issues, Uncategorized | 18 Comments

18 Responses

  1. on October 12, 2006 at 11:39 pm ..and I thought I had left TALKTALK behind me…. « anyone need my comment?

    [...] I just think it is not easy for a young person to cope with the Carphone Warehouse, see the amazing Blog of Tiffany TALKTALK HELL In fact my friend Paul was telling me yesterday he had switched to TALKTALK and the connection speed is 80k when he manages to get connection. As a reminder here is my first post on Talk TALK taking them to court [...]


  2. on October 21, 2006 at 1:31 pm Andre sues Carphone Warehouse successfully « Less Talk Talk: More Service. The unofficial, unaffiliated Talk Talk blog.

    [...] Have a read of how he managed it! [...]


  3. on October 26, 2006 at 7:42 pm TALK TALK On the 29/09/06 Cullin issued a summons through the small claims court in Poole Dorset…… « anyone need my comment?

    [...] click here to read it [...]


  4. on November 1, 2006 at 7:21 pm Richard Cossar

    Thanks for this- it gives me some idea of what I need to do to get a response from TalTalk. You would’t believe the shit that they are putting me through regarding their Talk3 International hone plan. I now have an insight as to what I need to do…..


  5. on November 18, 2006 at 9:36 pm John Cridge

    It is such a pity that talktalk still make it so difficult to speak to somebody at customer services who can understand their own problems. I have just returned home from 2 weeks away to find my landline blocked. The latest phone bill is £28 dated 13 Nov, DD is set up, they have just failed to collect payment. I try to follow the auto system for phone payment/contact to service rep but that constantly fails. If talktalk worked without so many stupid systen failures I would be happy but it looks as though I will now join legal battle with talktalk – gee I hate their inefficiency and smugness. My Recorded Delivery letter to Rawlings/Head of Credit Control is unanswered after 20 days! Does anybody have a good media contact so that we can make noise about this lousy service of talktalk?


  6. on January 18, 2007 at 6:04 pm Terry Petrie

    Like everyone else we have had an experience from hell with talktalk. We’re about to take them to the small claims court too, having received a letter from the debt collectors.

    Can I implore everybody who has a problems with talktalk to contact Ofcom on 0845 456 3000 as they advised me that they currently do not have enough complaints from indiviuals about talktalk to take the matter up with the company.

    Good luck to everyone.


  7. on February 14, 2007 at 11:26 pm paul

    Uhm Talk Talk-They have completely shut down my business with their crap phone service-don’t do it although if you are on this blog then you probably have already


  8. on February 18, 2007 at 3:31 pm jarael cameron

    STAY AWAY!!!!!
    iv been with talk talk since september 2006 and all was well until november when i got into some financial difficulty, and had 2 cancel two direct debits. sice i dont have a credit card i was told the only way to pay is at the carphone warehouse shop.so the months of december and january i paid in this way.
    then last thursday i realise my phone is dead, so i call them from my mobile an they tell me they have cut me off due to me not having paid anything since november.
    i say to them yes i have, i tell them the dates i paid into their carphone warehouse and they say yes i see you have paid but unfortunately the payments have gone to the broadband department not the phone department, so we have already started proceedings to cancel your line.
    i have transferred the money back accross but u will need to ring bt to reactivate ur line.
    now that really peed me off for two reasons, my ex ran up a big bill with bt in my name before getting it in his name, so i cannot go back with bt and also when we switched to talktalk from bt we had already done a 12 month contract, signing up to bt again will just be another contract that i would of had to stick to. so now i am left with no phone and soon to be no internet, i am well pissed off, also not happy with customer service, sometimes u cant understand them, disconnections, long waiting times, u get through only to hear we are experiencing technical difficulties ring back later.
    other then that i did not have any problems with the broadband, but i think i have been disconnected unfairly and with no warning email, phone call or letter.
    if u need to ring these scammers use this number i found it on a website and it does work,
    if its not the department u want get them to transfer you. also ring them on a mobile, when i do that they rung me back.
    the number is 01925 554949 and i also have 01925 554955


  9. on April 12, 2007 at 8:23 pm sean

    just been disconnected by talk talk for no reason. They’ve been collecting my dd no problem. When i talk to their clueless undertrained staff they try to fob you off on BT line provider despite fact that i have no contract with BT for almost a year now since i transferred landline and broadband to talk talk. BT are pretty rubbish but talk about frying pan to fire….


  10. on April 24, 2007 at 2:13 pm james

    I’m going to take TT to small claims court.
    I signed up for talk3 international 9 months ago, but still haven’t received the promised free broadband (7 months after promised date). Now talking to ‘High level complaints’ but no broadband.

    The phone service was also 4 months later than promised.

    As I ‘ve had to pay my old ISP for BB, and pay for all my international calls this totals over £400 in 9 months.

    Anyone know how much I can realistically claim for? Or if TT will settle or contest the case?
    It’s all genuine and I’ve kept notes of most of my calls/complaints.


  11. on July 2, 2007 at 10:14 pm Andres

    Hi there

    I am also trying to leave TalkTalk, but my situation is a bit different since I am moving to Japan, I have called them countless times and after hours on the phone I never get through to anyone who can help. I have also send a few emails to them but no luck either. Does anyone what would happen if I was to cancel the Direct Debit and leave??


  12. on July 2, 2007 at 10:21 pm n0comment

    Hi Andres,

    good luck for Japan :)
    Regarding Talk Talk. My advise send a signed for letter to the legal
    department and also by e-mail to legal@cpw.co.uk

    Keep it as proof and hope they do not mess with your credit rating as
    you might want to return one day.

    André


  13. on August 24, 2007 at 8:35 pm Darren Evasns

    FOR THE IMMEDIATE ATTENTION OF CHARLES DUNSTONE, MANAGING DIRECTOR OF THE CARPHONE WAREHOUSE.

    COMMENCEMENT OF COUNTY COURT PROCEEDINGS AGAINST TALKTALK FOR BREACH OF CONTRACT.

    PHONE NUMBER – xxxxx xxxxxx

    Hello Mr. Dunstone.

    I have today commissioned solicitors to commence legal proceedings against you for breach of contract and breaching The Supply of Goods and Services Act for failure to provision phone and broadband services as contracted to do so by 5pm today. Dispite severel phone calls to your India and South Africa call centres, which got me absolutely nowhere, you have not done what you were contracted to do so. I requested that by line and broadband services be transferred to you over TWO MONTHS ago, and after chasing and chasing, got a provision date of the 24th August, today.

    Therefore, unless services are fully provisioned by 8pm today, the agreed time and date, I will take you to court for loss of business and compensation of not less then £5,000 plus court costs. If judgement is awarded, I will them immediately issue you with a Statutory Demand, which will be the first step in me and my solicitors taking insolvency proceedings against The Carphone Warehouse and their associated companies.

    Unless you deliver on the contract as agreed, I will close you down.


  14. on August 25, 2007 at 10:35 pm Darren Evasns

    Have today issued court proceedings against TalkTalk and Charles Dunstone, and have also informed the following media.

    BBC
    ITV
    Channel 4
    Channel 5
    Sky News
    The Sun
    Daily Star
    Daily Mail
    The Observer
    The Indepndent
    Evening Herald
    Western Morning News
    Plymouth Sound Radio
    Pirate FM 102
    Atlantic FM
    South Hams Radio
    ITN


  15. on February 19, 2008 at 2:18 am debt collection agency

    I wanted to take time to thank you for this interesting article. I found it to be very helpful as I can relate to it. I look forward to you writing again in the future.


  16. on February 19, 2008 at 3:58 pm Alan Ford

    I am in the process of suing Bt for 7 months of aggrivation, appalling service and downright bloody uselessness in the County Court and am trying to find if anyone else has given BT a good kicking. Any help would be most appreciated!


  17. on September 28, 2009 at 8:26 am Emma

    Dear Andre

    I need to claim £1100 from the INE in Chile. They owe me the money but will not even reply to my emails. Is there a small claims court in Chile, do you know where I should start to procede with this.

    Thanks in advance for your help.


  18. on September 28, 2009 at 9:20 am andre

    hi,

    not sure there is a small claims court here.. but one first step could be to contact http://sernac.cl it is the consumer advice bureo. according to my spanish teacher they are very helpful



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