Five-month wait and still no broadband switch from AOL to Talktalk

I have had broadband from AOL since 2006 without problem. Last year, a door-to-door salesman convinced me I would save a lot of money if I switched both phone (BT) and broadband (AOL) to Talk Talk.

I signed an 18-month contract and six days later I got my Migration Authorisation Code (MAC) from AOL and gave it to Talk Talk. I was told it would be activated within two to three weeks.

Nearly five months later Talk Talk still hasn't switched over my broadband. I have the phone line with the company but when I said I wanted to cancel because I hadn't received the broadband, I was told I would be in breach of my contract and have to pay penalty charges.

Terrence Kelly

It's not Mr Kelly who is in breach of contract; it very much looks like it is Talk Talk. The Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982 states that if a definite completion date or a price has not been fixed in advance, then the work must be completed within a reasonable timeframe.

The law treats failure to meet these obligations as breach of contract and consumers would be entitled to seek redress or cancel the contract. Mr Kelly told us that he definitely signed up for both services and ordered a MAC from AOL six days later, although he claims AOL told him the broadband service had been delayed because he had not done this.

This doesn't make sense to us as the telephone and broadband bundle would be financially more attractive than just switching the phone line. Mr Kelly also told us he had been sent the welcome pack for broadband months ago, along with various emails apologising for the delay in switching on the broadband service.

He says Talk Talk told him by phone that the MAC he was given could be used. But a MAC is valid for 30 days only; and since Aol is owned by Carphone Warehouse, which also owns Talk Talk, there may be confusion over an internal procedure we don't know about.

He will be required to pay for any outstanding telephone calls using the Talk Talk landline but we believe he should be able to cancel the contract for both services without penalty. We have forwarded this complaint to Talk Talk and will update readers as soon as we find out more.

When can consumers cancel a contract?

If a supplier breaches the conditions of a contract by failing to carry out the service ordered the consumer can cancel the contract. Ultimately it would be for the courts to decide whether or not a breach of contract has occurred.

But in the case of ISPs there is an intermediary step. If both parties are unable to reach agreement then the consumer can demand what is called a deadlock letter. This can be taken to the mediation authority that the ISP is a member of – this will be either Cisas or Otelo.

The decision made here is legally binding on the ISP but not the consumer, who can if they wish take the matter further to the small claims court.