Just got my first TalkTalk re-branded OneTel bill through the post today, and so I instantly went looking for the inevitable shafting by sneaky changes to the T&C's (despite the fact that the TalkTalk leaflet that came with the new bill said "Don't worry ... although it's got a TalkTalk logo on it, nothing else has changed"

I saw the following paragraph, but can't remember if it was there when I first signed up 2 years ago. I'm pretty sure that it wasn't (because one of the main reasons that I use free or unmetered / unlimited services is so that I don't have to clock-watch and worry what my bills might end up being).

4.11.4 Inclusive Calls are limited to individual calls, which do not exceed 180 minutes in duration. Any minutes over 180 minutes will be charged at the applicable standard rate from time to time

I'm sure I would have remembered such a clause as I have a real hatred for vague T&C terms that can be used in any way the company sees fit. What the hell does charging "from time to time" mean? and what happens if you re-dial the same number at 3 hours?

I tried to ring Customer Services but I couldn't get through. Needless to say I am not at all happy

Why is it that only crappy companies survive and then have to take over good companies and ruin them? (Sky > Easynet, Kingston > Eclipse Internet etc.)
Last edited by Jaystar : 25-04-2006 at 10:33

If you re-dial the same number, surely the call duraction of that second call starts again from zero?

I think the "from time to time" reference refers to the applicable standard rate, rather than being charged. It means the standard rate applicable at the time - it may be different to what it is today, but any such changes will need to be notified.

I'm afraid your interpretation of "from time to time" makes no sense at all to me. That phrase has a well established meaning of "intermittently" or "on occasion" and the phrase (in the use that you suggest) is entirely redundant given that fact that the word "applicable" is used.

The "applicable rate" already means at the appropriate rate for a given time.

Having spoken to a friend (who also scrutinised the T&C's like me before signing up) he reckons that there was no such clause before as well.

However, he seems to think that the way it reads it only applies to free calls between TalkTalk customers and not to free calls as part of existing OneTel package. In other words, if you were on the Off Peak talk plan (and therefore did not qualify for free calls during the day) then when calling another TalkTalk user you would now get a free call subject to clause 4.11.4.

I still have not been able to get through to Customer Services, so have yet to find out if this is the correct interpretation or whether they are over-riding people existing tariffs and detrimentally changing their terms.

That's right, I think they have double emphasised it.

Applicable rate implies that the rate is that which is applicable at the time. However by adding "from time to time" it implies that that rate may vary from time to time.

I guess some genius legal bod has had an issue previously with just the word applicable so they have used belt and braces to confuse/explain it
e.g applicable to what/when. It could be argued that the applicable rate is the rate that applies to a certain type of call which was agreed to when the contract was agreed, thereby not allowing for it to change

If the words "from time to time" applied to charge, they would have written:
"Any minutes over 180 minutes will be charged from time to time at the applicable standard rate."

It shows how important punctuation is. If what was written was:
"Any minutes over 180 minutes will be charged, at the applicable standard rate, from time to time."
I would be more inclined to agree with your interpretation.
Last edited by dawson : 25-04-2006 at 19:34

How often do you speak on the phone for 180 minutes?