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Fixed Price Plus, legally binding details

Conversation Starter
Message 9 of 9

OK, so in the wake of the recent price increase I have talked to Retentions and was offered (and took) a deal whereby I get an upgrade to Fibre 65 as well as Fixed Price Plus (FPP). In the email I received later (the so called Welcome Pack) there was a link to the Terms and Conditions (which I duly downloaded) but the T&Cs themselves say absolutely nothing, nil, zilch zero about Fixed Price Plus.


Now I did receive an explanation of what FFP means but given that TT has been, shall we say, a bit creative when it comes to keeping promises about fixed prices, I would very much like some written, legally binding statement what FPP actually means.


So I have searched low and high, left and right, but again found... nothing.


So can an OCE please tell me where I can find this not wholly unimportant piece of information? It is after all part of my contract with TT.


Message 1 of 9

The calls should be/ are recorded.  You could always try submitting a Subject Data Access Request.  See here for more information.


Conversation Starter
Message 2 of 9

" ...except when we’ve agreed otherwise with you. "


Exactly! Where is the proof that TalkTalk have "agreed otherwise"?


...a verbal contract is not worth the paper it's written on


Message 3 of 9

All the information is on the website given or in My Account what written information do you need? 


Conversation Starter
Message 4 of 9

@BirchcroftYes, after that infamous Fixed-Price-that-is-not-a-Fixed-Price debacle, I have realised that even this Fixed Price Plus thing is no guarantee whatsoever that TT will keep the price fixed. Basically they can do whatever they want and our only choice is to cancel if we're not happy. That's the rules and IMO the rule makers (ie OFCOM) are more to blame than the actual operators (that's a bit like complaining about Amazon or other tech companies not paying their fair share of taxes... what they do is legal and if somebody doesn't like it go to the politicians to complain, not to Amazon and buddies). As to TT's integrity... I won't go into that 😕


@Arne-TalkTalkAh, so TT is not able or willing to provide written details about something that is an important part of the contract? Hm...


In summary. I've been a TT customer for 12 or 13 years and so far, there has been very little in the way of trouble. I have even recommended TT to friends and relatives and at least two have taken up TT because of that. However, the last three weeks (ie the non-Fixed-Price email and TT's unwillingness re sharing binding Fixed Price Plus details) have taught me that many of the complaints about TT I have been hearing all along have been right. So no more recommendations... quite the contrary. And when the Fixed Price Plus agreement is finally breached (bound to happen at some point) that'll be the end of the road for me and TT.

Message 5 of 9

Hi thomasl


Sales made over the telephone are covered by the distance selling regulation act, we usually send you a confirmation email or letter and the call will also be recorded should you have to dispute the contents of the salescall. 


Pricing information can be found on our legal page


Hope that helps.


Message 6 of 9

A verbal contract can be legally enforceable.  However, in order to enforce it you would have to show it exists.  You might be able to do this using the various publicity and emails TalkTalk sent out when they introduced the new plans.   But you are correct in thinking that it would be far better to have it on writing and that a company that cared about its customers would do this as a matter of course.


Not withstanding the above and whatever you've agreed with TalkTalk their Ts&C's still contain the OFCOM approved get out clause:


16.1 We may need to change your services, equipment, charges or agreement for legal, regulatory
or business reasons. If so, we’ll tell you about this in writing or by publishing a notice or updated
terms and conditions on our website.
16.2 Except for any price increase referred to in paragraph 9.2 above, if a change is to your material
detriment, we’ll give you at least 30 days' written notice (by letter, email, SMS or via your
monthly bill). If you object, you may end your agreement without charge (other than accrued charges), provided you contact us (see paragraph 19 below) within 30 days
of receiving the notification. If the change is to your mobile agreement, you
may only end your mobile agreement as this is a standalone agreement,
unless we’ve told you otherwise.


So in the end the fixed price promise still comes down to the integrity of TalkTalk.


Conversation Starter
Message 7 of 9
I agree that the bold part is what is relevant for me as TT has indeed agreed another schedule for price increases with me... however, I have no proof of what I was told... only a verbal statement I received over the phone... I am not sure about its legal force (if any).

As a customer, I do not think it is unreasonable, given that TT themselves lay so much store at their T&Cs, to expect a full and complete statement IN WRITING about what Fixed Price Plus mean.

Message 8 of 9

I am pretty sure you are covered by this section


My highlights in bold.


9.2 Each year a price increase will be applied to your charges except when we’ve agreed otherwise with you. We’ll tell you when the price increase applies for each service. The increase will be rounded to the nearest penny and will be calculated by multiplying your existing charges by the combined percentage figure of both:

(a) the Consumer Price Index rate figure published by the Office for National Statistics in
January of the relevant year (but not including any negative rates); and

(b) 3.7%.