Phones4U/T-Mobile/BCW Hell

[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

[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.

[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

[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

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

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

[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.

[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!

[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

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

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

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

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

T-mobile have caved in!

They are to withdraw their claim etc..etc.. and pay our youngster £1100 compensation! Over the moon, but it won't be the end of it! I'll give thought to the rest and take further action after I'm back from the European mainland. Thanks for your help and support Desyduk

Here's the letter from Cisas, attached to their email:


Miss Xxxxxxx Xxxxxxx
C/O Desyduk


Newcastle Upon Tyne
Tyne & Wear

Your Ref:

11 July 2012

For information only

Dear Miss Xxxxxxxx

CISAS

Case No: 21112233 - Xxxxxxx v Everything Everywhere (T-Mobile (UK) Limited)

Further to our recent correspondence we have received confirmation from the company that they are settling this claim in full.

The adjudicator has no power to award any more than what the customer claims on the application form. Accordingly, the Company has 28 days to comply with the settlement. Should the Company not comply with the settlement CISAS will re-open your case.

However, please be advised that we will not be able to re-open your case or take action against the Company before the 28 day period has passed , ie on or before 08/08/2012.

Should we not hear from you after this period, we will assume you are happy with the resolution and will close our files accordingly.

Yours sincerely

Poppy Flowers

Case Administrator

[Handyman]

Re: Phones4U/T-Mobile/BCW Hell

Wow, Good Work Desy

Well done mate, just shows what you can do with a little Persistence, Knowledge, and a don't take prisoners attitude.

They were in the wrong from day one. You steered them into a corner with the SAR. I wonder if they think they no longer have to provide one?

How many more folk have they treated so shamefully?

Lets hope that this thread links well to the greater internet, as it should be required reading for anyone with problems with mobile providers.

Have a good trip mate. I hope your youngster will reward you with a good drink for all your efforts

Deepest regards, Handy

Now what about the other matter you referred to in an earlier post?

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Wow, Good Work Desy

Well done mate, just shows what you can do with a little Persistence, Knowledge, and a don't take prisoners attitude.

They were in the wrong from day one. You steered them into a corner with the SAR. I wonder if they think they no longer have to provide one?

How many more folk have they treated so shamefully?

Have a good trip mate. I hope your youngster will reward you with a good drink for all your efforts

Deepest regards, Handy

Now what about the other matter you referred to in an earlier post?

Thannk you Handy, you have been straight as an arrow in you support.

My youngster, her mum and grandma can't believe it! In another life I took on a Dutch bank for the business in which I was an employeee, " Paleis van Justie Utrect", it took nearly 4 years but they through money at us to go away. They started it. Handy you would never believe how tolerant I am, but injustice, calll it unfairness, I can not tolerate, whether you are one of them or one of us.

By the way, my first grandchild was born Monday morning and he has fists the size of dinner plates!

With the very best regards to you handy

Desyduk