What if we don't agree to cancel?

[jw0853]

Talk Talk wants UFO customers to take some action before the service stops on 29th May 2023.

I got an email about this with two options: either cancel the service, or agree to a new contract (i.e. City Fibre for £39.95 for 18 months).

But my UFO fixed-term contract continues until September. Why, then, would I agree to a new service at a higher price?

I've talked to customer services a few times about this. Been bounced around between a few different agents, stayed on hold for a while as they talked to their managers, been hung up on by the "customer loyalty" people! I think they don't have any good solutions. They can't reduce the price of the City Fibre contract, they can't extend the UFO service beyond May, and they certainly don't want to offer an equivalent service at the same price for the rest of the fixed term.

But what if I don't agree, either to cancel or to move to City Fibre? The existing contract still exists. They're still obliged to honour it, even though this may be costly or inconvenient to them. Aren't they?

Seems like a bit of a mess, honestly. They should not have offered customers fixed-term contracts that ran beyond the service end date.

[jw0853]

Thanks. Raising it with Ofcom seems a good idea, though it seems Ofcom supports the right of ISPs to unilaterally change a contract, provided there is one month of notice and the right to cancel without penalty. If only customers enjoyed such privileges.

I can formally complain and then take the issue to CISAS if the situation is not resolved.

I would accept a change of contract and even a change in price, but there would need to be some acknowledgment of the unfairness of the situation and some kind of "meet in the middle" compromise over the cost, and honestly I am rather surprised that this is impossible in this case.

[Birchcroft]

That may well be the case but I suspect that there might be a case challenging such a condition under the Unfair Contracts Act 1977.

[Birchcroft]

@jw0853I was slowly typing my response on my phone while you replied to @ferguson.

If they are still publicly offering 18 Month contracts for the same service you have then I would agree that they don't appear to be justified in unilaterally terminating your contact.  I suggest you raise a formal complaint.

[ferguson]

I think that is all accounted for in the T&Cs concerned, no early termination fees will be payable. 

[Birchcroft]

@Unfortunately it would appear that @ferguson  is correct Para 14.1 (e) of the TS&Cs states they can cancel if: "we’re no longer able to provide a service (or any part of it)".  So it looks as if you will have too look for a new provider.

That said if you really want to do battle you could try arguing the contract condition is unfair, and therefore uninforceable.  The reason being that it is likely they can't provide the service due to business decisions made by them and not due to factors beyond their control.  If you did the same you would have to pay for early termination but if they are not offering compensation then the contract is probably unequal.   I suspect, therefore in reality the best you can hope for is compensation for early termination.  To get this you would need to go through the complaints procedure and probably to arbitration.  You could also try complaining to OFCOM.

[jw0853]

Section 14.1.e of http://www.talktalk.co.uk/legal/terms/talktalk-product-terms.html . Reasons for cancellation, "we’re no longer able to provide a service (or any part of it)" or maybe 14.1.g, "we suspend or restrict a related service".

But I don't think this works, because Talk Talk are not only able to offer fibre service to my house, they're actually offering to do so, for £39.95 for the next 18 months.

[ferguson]

A bit of a quandary indeed, but I am pretty sure that if you check the T&Cs you will find that TalkTalk can suspend, or cancel a service at any time by giving you reasonable notice, which they appear to have done.