We’ve had a few people ask how they can get out of their TalkTalk contracts as they’ve been understandably worried / annoyed about the recent data breach.
TalkTalk have been requesting payment to cancel, this we believe is unfair and so does John Deane, from Slater and Gordon, who specialises in commercial law, he says
‘TalkTalk’s privacy policy, which forms part of its contract with its customers, states that TalkTalk will only share data with third parties with the consent of the customer, and do its utmost to employ organisational and technical security measures to protect against security breach.
‘Yet customers’ data has been shared with third parties without the consent of those customers.
‘As a result, TalkTalk has failed to honour its contractual promises to its customers.’
TalkTalk says, ‘‘We can confirm that in the unlikely event money is stolen from a customer’s bank account as a direct result of the cyber-attack, rather than as a result of any other information given out by a customer, then as a gesture of goodwill — on a case by case basis — we will waive termination fees.
We should point out that it’s not guaranteed that TalkTalk WILL pay out – only that there’s a chance, under the terms of the Consumer Rights Act, which came into force on October 1, or the older Supply of Goods and Services Act 1982 (specifically section 13)
Copy this letter, filling in the blanks with your details.
Then write to: Customer Relations Department, TalkTalk Group, PO Box 346, Southampton SO30 2PW. Or email: [email protected]
Account number: (Write your account number here)
This is formal notice that I am closing my account following the cyber attack on your systems on October 21.
Section 18 of your terms and conditions states: ‘We’re committed to protecting and preserving any information you give to us.’
Additionally, your Privacy Policy states that you will only share information with organisations outside of TalkTalk with the customer’s consent.
I believe that TalkTalk is in material breach of these clauses. The most recent hacking attack was the third on TalkTalk’s systems in a year and represents a failure to secure customers’ personal details. It has exposed my personal information to third parties whom I do not consent to have it.
I am therefore asking you to terminate my contract without penalty. I require written confirmation that you will allow me to move to a new provider at the earliest opportunity. I also require written confirmation that you will cease processing my personal data.
I look forward to hearing from you within 14 days.
Sincerely,
[Add your printed name here]
7 comments
