Phones4U/T-Mobile/BCW Hell

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

I can't believe it! You'll never guess what just happened!

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Re: B1234567 FAO Lorna Morrison

Hide Details

FROM:desyduk@allabout debt
TO:Contact Us Mailbox BCW Group
Monday, 9 July 2012, 21:58

Mr Carruthers,


Further to my email of 5 July 2012, to which you have so far not responded, I will be away on the mainland (of Europe) between 12 and 20 July 2012, and, as there is a complaint due to be answered by your client by 12 July 2012, to which he has so far not responded but you're welcome to remind him so, I ask you once again for a return answer, why do you style yourself as a data processor in the light of the evidence I have provided from the Information Commissioners Office where you have registered yourself as a data controller in this matter?


Please feel free to ask yourself the question, is your client leaving you to take the can entirely alone for your bulling? Or is the contractual arrangement between you such that, he pays you to act on edited information, which information being edited protects you him and you! It will not wash, you have be warned for a third time!


You have not replied to my last email and you have previously confused me as to whether I am dealing with you or your client, you have now gone silent, before it was your client who went silent, whether your client or you are separately or jointly responsible for this total mess and the bullying of our child I nevertheless hold you both responsible!
Are you fish or just foul?
What are you?
Who is hiding behind who's skirts?


Shall I come to your office, an office visit in the same spirit as you would no doubt offer to visit my home, to get the answers to our questions, and, to put an end to your bullying by presenting you once again with all the evidence? If I do not hear from you meanwhile I will ask you for your acceptance of an office visit on my return from the mainland.


Most happy to do this if that's what's needed, please let me know.

Just make sure you have all the facts and are not just acting in good faith where you have previously been most grievously wrong, which is totally unacceptable, given your clients and your own antecedents, see the myriad of consumer complaints on the internet about you both!


Desyduk

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

And CISAS acknowledge receipt, hoorah!

Miss Xxxxxxx Xxxxxxx
C/O Desyduk

Newcastle Upon Tyne
Tyne & Wear

28 June 2012

For information only

Dear Miss Xxxxx

Case No: 6264531 - XXxxxxx v Everything Everywhere (T-Mobile (UK) Limited)

We acknowledge receipt of an application for adjudication by the customer, a copy of which is attached for the attention of the company.

In accordance with the rules of the scheme, the company is now required to submit two copies of their response to the claim, which should be returned to us within 14 days of receipt of this letter, that is, on or before 12/07/2012. The company should list all papers
being submitted, and where possible submit their response by email.

In responding to the claim, the company should identify which matters are accepted and which matters are disputed and, in identifying the matters which are disputed, give reasons why they dispute the claim.

The company is reminded that their response should be accompanied by any relevant documentation that the customer has been unable to produce and which is in the company’s possession.

We look forward to receiving the company’s response. Upon receipt, and unless settled between the parties, a copy will be sent to the customer.

The customer will be given 7 days to submit their comments on the response to the claim if recieved. (shouldav bin i befor e except after c)

Yours sincerely,

Xxxxxxxx Xxxxxxxx

Case Administrator

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

BUT!

Are we stupid? (Yes)

Before you attempt to answer this question, this is what happened:

I got it in by email a few days before the cut-off (the sneaky buggers)

Ref: 123456 78
Hide Details
FROM: desyduk@allabotdebt
TO: info@cisas.org.uk
Message flagged
Wednesday, 27 June 2012, 15:46

Dear Cisas,

Please find attached documents relating to the complaint application ref: 123456 78 sent by e-mail to you separately.

The complaint is on behalf of my partner’s daughter Xxxxxxx Xxxxxxx who is severely dyslexic and she has asked me to act on her behalf.

Therefore please would you address all emails and correspondence to me. I rang last week ref:11223344.

Thank you,

Desyduk
31 Attached files| 2.6MB

The official complaint, limited to 750 words, with 31 supporting documents, reads as follows:

On 26/10/2007 my partner's daughter X, at age 19, independent-minded yet severely dyslexic, she was educationally statemented whilst in primary school, took out an 18 month mobile phone service agreement, £35 per month with T-mobile, plus itemised billing, at the Phones 4 U store in Newcastle’s Eldon Square.

On 27/12/2008, she visited the same store as she wanted a new mobile telephone which they provided, along with a new 18 month service agreement for £35 per month and which she signed, but for a service provided by Vodafone. Phones 4 U traded in her T-mobile phone and they told her to ring T-mobile and cancel their service.

At some point around these events T-mobile's paper billing to her ceased. She didn’t use T-mobile's service from December 2008. She didn’t know that T-mobile had an on-line account service.

On or about 7/01/09 when X came in from work I reminded her to cancel the T-mobile service and in my presence she rang them, putting them on the loudspeaker so I could hear she was doing it right, she cancelled their service, the T-mobile operator said the cancellation would be effective from 26/04/2009, the 18 month contract anniversary. She was told that she would have to continue payments by direct debit for the service up to that date. The £140 (4 months x £35 service overlap with the Vodafone service) expenditure could have been avoided if she had been made aware by Phones 4 U. This bit of slamming is not our complaint here. She has paid for this and this is not the issue.

Nearly 3 years later X was made redundant and had to reduce her outgoings, we helped by checking her bank statements, and, to our surprise, T-mobile and Vodafone were both taking money from her bank account!

On or about 03/10/2011 we rang T-mobile to complain about the money they had taken from X's bank account for 29 months without her agreement or knowledge, we cancelled the direct debit. Over the next 3 months we complained to T-mobile by phone and they often hung up on us, we complained in writing. I wrote the emails and letters for X, they didn't reply to the last 2 recorded delivery letters, but they sent a final written bill for £43.83.

In December 2011 X, at my request, asked her bank to get her money back from 26/04/09 onwards, and they did.

Following this T-mobile claimed she owed them £1092.43, which we have disputed time and again.

They offered to write off the last bill for £43.83 if we settled the claim in full, we declined.

T-mobile then passed it to Buchanan Clark & Wells, a well known debt collection agency, in December 2011 and we told them at length that T-mobiles claim was in dispute and we copied them our un-answered recorded delivery letters, they referred back to T-mobile.

On 29/12/2011 T-mobile’s Christine rang me on my mobile phone she said she could not find X’s call from 2008, but she was sure it would be alright! X’s cancellation call was made in January 2009 and I told her so.

On 9/01/2012 T-mobile cleared X's account sending her a £0 statement which declared the amount in dispute as £1092.43. On 10/01/2012 T-mobile re-instated their claim with a £1092.43 statement, with the remark that the dispute is resolved (apparently unilaterally). T-mobile passed the matter back to BC&W for collection of the so-called debt.

Intimidating threats and bullying follow from BC&W, I complained to BC&W and twice I demanded they cease bullying X immediately and told them the claim has always been disputed and was never resolved.

BC&W referred the matter back to T-mobile again who told them to get on with it as X had been told on many occasions that she owed the money. And so they did, first by saying they would home visit, then by offering to reduce the claim to £819.32 if we settle immediately.

Now we are asking for all the data relating to this account from Everything Everywhere Ltd as a “Data Controller” and BC&W as their “Data Processor” under the Data Protection Act as T-mobile previously would only supply us with evidence of their claim at £2.56 per copied item.

X has been slammed, had money taken from her without her knowledge for over two years, bullied, threatened and intimidated while T-mobiles claims were disputed. She has never accessed a T-mobile on-line account or used their service since December 2008.

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

To be quite accurate, the franking on the letter was from a Pitney-Bowes postage meter and was applied before the letter was posted.

I would suggest that you refer to OFCOM the facts that Terrible Mobile did not deign to mention CISAS and the lamentable way that CISAS mishandled your complaint.

CleverClogs I'm starting to think you're a geek! Born later you would've
been running Everyone Everywhere!

[CleverClogs (RIP)]

Re: Phones4U/T-Mobile/BCW Hell

To be quite accurate, the franking on the letter was from a Pitney-Bowes postage meter and was applied before the letter was posted.

I would suggest that you refer to OFCOM the facts that Terrible Mobile did not deign to mention CISAS and the lamentable way that CISAS mishandled your complaint.

[Handyman]

Re: Phones4U/T-Mobile/BCW Hell

Now opening up another front!

Are CISAS paid by the communicatons industry?

See the attached Screen Grabs



Similar Layout, Same Address, Same person to contact for large company membership at the same phone number.

Looks like we should start our own Voluntary Trade Regulator.
It would be useful when replying to a DCA to say sorry your claim is not upheld because I held on to your letter for an extra week.

Regards, Handy

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

So what?

So were the guards at Auschwitz and Belsen.

Refer T-mobile to OFCOM (link) or the Alternative Dispute Resolution service to which T mobile is subscribed, CISAS (link).

Now opening up another front!

Are CISAS paid by the communicatons industry?

I didn't know there was a 9 month time limit starting from our first complaint on 3 October 2011, which means we needed to get our complaint into CISAS by 3 July 2012

See what happened:

Ref:11223344

FROM:desyduk@allaboutdebt
TO:info@cisas.org.uk
Message flagged
Wednesday, 4 July 2012, 10:09

Hi Cisas,

I rang you a couple of weeks ago, the above number refers, concerned that the 9 month deadline for you to handle our complaint was very close (3 July 2012) you rushed out an application form with covering letter dated 21 June 2012 but you didn't post it until 2 July 2012! See your attached letter and envelope scans, with clear postmark date 2 July 2012.

It arrived yesterday, 3 July 2012, the 9 month anniversary of our complaint to T-mobile (Everything Everywhere Ltd).

Kind regards,

Desyduk

[Handyman]

Re: Phones4U/T-Mobile/BCW Hell

Well done on the PDF's Clever. Every time I log on look at some of the posts here on AAD, I learn something new everyday.

If you know what and where to look for, there is an answer to almost every argument. PDF 1 section 4 and PDF 2 section 2 shoots their argument down in flames.

Desy I'm going to call in on my mate up the road that does plant hire. One JCB on it's way to you. Just let me know when and where you want it

Regards, Handy

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

A JCB would surely be better.

In my opinion, the excuse by Botty-gravy, Crap and Smells that they are just "data processors" would only be valid if they accessed data on their client's computer system(s) and held no applicable, personal data on their own system(s).

The attached files suggest that they do hold applicable, personal data.

Thanks CleverClogs , you are blooming sharp, on the basis of your insight this email has gone to BCW this morning:

Re: B11223344 FAO Lorna Morrison
FROM:desyduk@allaboutdebt
TO:Contact Us Mailbox
Message flagged
Thursday, 5 July 2012, 7:27

Dear Mr Carruthers,

The role you have described to me and calling yourself a “Data Processor”, in your bullying of our Xxxxxxxxx for an unsubstantiated claim by your client, which since made has always been in dispute, would only be valid if you accessed data on your client’s computer system(s) and if you held no applicable, personal data, on your own computer system(s).

In your email of 2 April 2012, you infer that you do not have access to data held by your client but merely act on information passed to you.

It has been established from your email of 26 June 2012, that you generate and hold information on your own computer system(s) and which your client cannot access.

In your letter of 19 June 2012, you say that because you hold data about employees you must be categorised as a “Data Controller” with the Information Commissioners, here you infer that it is for this purpose only.

However, on examination of your Data Protection Register entry details, registration number Z9810407, and also under another name you use, ‘Apex’, registration number Z138671X, you are registered as a “Data Controller” for the purpose of “Debt Administration” as well as for “the tracing of consumer and commercial debtors and the collection on behalf of creditors”.

Your registration with the Information Commissioners clearly states that you are a “Data Controller” for the purpose of debt collection on behalf of others, in the words of your letter of 8 June 2012, “...in this instance we are a third party debt recovery agency acting on behalf of our client...”.

Mr Carruthers please provide me with evidence of the status you claim, so far I just have your words, because the facts here do not support your contention that you are a “Data Processor” in this matter.

Yours sincerely,

Desyduk
For and on behalf of
Xxxxxxxxx Xxxxxxxxx

PS It's Miss Xxxxxxx not Mrs Xxxxxxxxxx

[CleverClogs (RIP)]

Re: Phones4U/T-Mobile/BCW Hell

Do you think BCW and T Mobile would like to borrow my spade to help dig that flippin big hole that they are making for themselves.

A JCB would surely be better.

In my opinion, the excuse by Botty-gravy, Crap and Smells that they are just "data processors" would only be valid if they accessed data on their client's computer system(s) and held no applicable, personal data on their own system(s).

The attached files suggest that they do hold applicable, personal data.

[Handyman]

Re: Phones4U/T-Mobile/BCW Hell

Do you think BCW and T Mobile would like to borrow my spade to help dig that flippin big hole that they are making for themselves.

So the clock is ticking, lets see how long they can bluff and bluster for before they realise they have to comply or let things drop. Of course if they ever do decide to take the sensible and decent route things have now gone beyond that

Regards, Handy

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Are you going to SAR Everything (all over) Everywhere Ltd?

Time to swich flanks!

I'll come back to BC&W another time in another place.

Now for a SAR direct to T-mobile, Everything Everywhere Limited, you may recall BCW have alerted them to the requestfor their information and passed them my £10 at T-mobile's behest.

RECORDED DELIVERY

Newcastle Upon Tyne

28 June 2012

The Data Controller
Everything Everywhere Limited
Hatfield Business Park
Hatfield
Hertfordshire
AL10 9BW

Dear Sir/Madam,

Everything Everywhere Ltd ref: 123456789

Buchanan Clark & Wells ref: Zxxxxxxxxxx, BCW House, 24 George Square, Glasgow G2 1EG

Subject Access Request - S.7 Data Protection Act 1998

I have been asked by Xxxxxx Xxxxxxxx to write to you and ask you to supply me with a copy of all information your company and your data processing company Buchanan Clark & Wells (BC&W) holds on her.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these Acts, I hereby request that you supply me with any and all historical data in your possession and in BC&W’s possession which relates to her and to which she is entitled to under section 7(1) of the Act. If any of these records are stored on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there have been any events in her account history over this period which have required manual interventions by any member of your staff, or BC&W’s staff, or any other person I require disclosure of any indications or notes which have either caused or resulted in these manual interventions, or other evidence of these manual interventions in relation to your business activities as they relate to her. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession and the possession of your Data Processor Buchanan Clark & Wells which, in any way appertains to Xxxxxx Xxxxxxx, including (but not exhaustively) a copy of all internal and external correspondence sent or received by you and BC&W and between you and BC&W including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without her express permission), will you please include details of this in your reply, along with notes of any legal action pending (to include a true copy of any default notices, court orders and the like).

BCW advise me that the statutory maximum fee of £10.00 for this Subject Access Request, which they received from me on 14 June 2012, to access data about Xxxxxxxx Xxxxxxx has been remitted in turn to you by them at your behest, therefore you already have our fee. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative time frames.


Yours faithfully,



Desyduk
For and on behalf of
Xxxxxxxx Xxxxxxxxx

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Please tell me if you think there is sufficient information to bring conduct complaints about Buchanan Clark & Wells to the Credit Services Association and the Office of Fair Trading.

BC&W finish buiding their wall here on this phase with the following email I will not reply:

RE: Zxxxxxxxxxx FAO Lorna Morrison
FROM: Contact Us Mailbox
TO: desyduk@allaboutdebt.com
Message flagged
Wednesday, 27 June 2012, 16:40
Dear Mr Desyduk,

Your comments in this regard have been duly noted to our file. However, having reviewed our file I am satisfied that our handling of this matter has accorded fully with all legislative controls placed upon us and whilst we will endeavor to assist fully where we able to do so, we cannot at this time provide some of the information you seek. We can however, advise that the £10.00 payment had been remitted to our client at their behest.

We have previously outlined our role in proceed9ings and how our relationship with our client for whom we are acting impacts upon how we conduct our business and interact with you and Mrs (should be Miss) Xxxxxxx. We can find nothing to suggest that we have acted in anything other than an appropriate manner that accords with both our client instructions and the legitimate nature of our business.

No further collection activity shall be undertaken whilst our client is dealing with this matter. We await further update form Everything Everywhere Ltd and will make you aware of any developments where necessary.

Yours sincerely,


Darren Carruthers
Quality Assurance Officer
BCW Group Ltd

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

BC&W QA team continue to adhere to process, detailing their telephone number when they don't accept calls "...Please do not hesitate to contact us on 0845 111 0411 should you require any further assistance...."

The probing continues...

Re: Zxxxxxxxx FAO Lorna Morrison
FROM:desyduk@allaboutdebt
TO:Contact Us Mailbox
Message flagged

Tuesday, 26 June 2012, 16:38

Dear Mrs Morrison,

Thank you for your response to my email of 25 June 2012.

I agree, you have never alluded to the data held or generated by your company at all, until after I advised you I had contacted the Information Commissioners Office. You have simply referred to data held by your client, which appears from what you now say not to be all the relevant data. I note from your email that your client does not hold your data, but that you shall make it available to your client should they request it from you.

My formal request for data was addressed to your company for your data, and you say you have passed my request over to your client for action. I also require your client's data, your silence in the face of my request for your client's name/title/address details to whom you passed my request does not accord with the spirit and I daresay the requirements of the Data Protection Act. Therefore I'll ask you again, to whom at EE Ltd did you send my Subject Access Request for action and what is the address of your client's Data Controller?

The statutory £10 fee I sent you was made payable to your company and I ask you again please confirm you are returning my £10.

As far as your actions on your client's behalf against Xxxxxxxxx Xxxxxxxxx being on hold, you should never have started them at all as your client's claim has never not been disputed, it has always been in dispute and I have sent you the evidence along with warnings to stop your bullying.

I advise you now to seriously consider your position and stop your actions altogether, confirm they are stopped and not merely say that you have put them on hold as we believe your statements to this effect attempt to convey a sense of constant fear to Xxxxxxxx and you are succeeding in making her fearful

Yours sincerely,

Desyduk
For and on behalf of
Xxxxxxx Xxxxxxxxx