Phones4U/T-Mobile/BCW Hell

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Our youngster just sent me this, which she thought was against her until I explained that they never say they're wrong, they always just offer a gesture of goodwill!


From:"Young, Helen Y" <Helen.Y.YOUNG@everythingeverywhere.com>
Date:11 July 2012 12:05:54 PM GMT+01:00
To:xxxxxxxx@allabout debt
Subject:CISAS Ref 21112233 - Xxxxxxxx v Everything Everywhere Ltd (T-Mobile)
Dear Ms Xxxxxxxxx

I write further to your recently instigated CISAS application against Everything Everywhere Limited (t/a T-Mobile).

Everything Everywhere denies liability to you as pleaded, or at all. Having investigated the issues raised in your application, our records show no contact from you on 7 January 2009 requesting cancellation of your account with us, and in any event had we received such notification from you such request would have been actioned and your account would have been cancelled. As such your account continued to accrue charges in accordance with your Service Agreement, until notification was received in November 2011 that you required the account to be closed.

In accordance with the terms and conditions of your Service Agreement with us, by way of Clause 7(a) notice of cancellation should be provided by contacting Customer Services. As our records do not confirm that this was done, you remain liable for the outstanding balance of £1082.43.

Notwithstanding the above however, in view of the fact that you have not used the services since January 2009 and in order to bring this matter to a close swiftly and amicably, we are willing to meet your claim in full as a gesture of goodwill by waiving the outstanding balance set out above and by arranging for all collections activity to cease. I will also arrange for any necessary updates to be made to your credit file.

We will be confirming to CISAS today that we will be meeting your claim in full, and we hope that this brings matters to a close. I apologise for any inconvenience this matter may have caused.

Yours sincerely

Helen Young
Customer Disputes Legal Assistant
Dispute Resolution Legal Affairs
helen.y.young@everythingeverywhere.com



NOTICE AND DISCLAIMER
This e-mail (including any attachments) is intended for the above-named person(s). If you are not the intended recipient, notify the sender immediately, delete this email from your system and do not disclose or use for any purpose.

We may monitor all incoming and outgoing emails in line with current legislation. We have taken steps to ensure that this email and attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.
Everything Everywhere Limited
Registered in England and Wales
Company Registered Number: 02382161
Registered Office Address: Hatfield Business Park, Hatfield, Hertfordshire, AL10 9BW

Well folks, you and me, should learn that they do not feel sorry, cannot apologise and you know why they can't, an arsehole exists to deliver shit not apology, and, that is why I said earlier that when I am back we will continue our work.

I am so so sick of us Brits being ripped.

As a person who has attended one of the "so called" best Business Schools in the World, Institute Eurpoean D'administration in Fontainbleau, (INSEAD), I am appalled by the way people like you and me fund their bonus culture. How ignorant they regard us. I for one, for richer or poorer, will not take it, and I will always defend your right and mine to be treated with reverance and respect!

Desyduk!

[Handyman]

Re: Phones4U/T-Mobile/BCW Hell

Terrific sentiments Des, It's about time us Brit's ( I use the term selectively, cos I'm with Niddy on being a Jock). Put an end to ripp off Britain. We are supposed to be the Fairest, most Altruistic Nation on Earth . So let's start making it that way. Do the politicians think they are the only people who can "Social Engineer".

Right I didn't reply to start a rant, but to wish you and yours Congratulations on the new Grandson.

Now I'm only a step Grandparent, but I worry about the future of our young. With the likes of you, the good folk on AAD and myself, maybe we can make a future for them that is worth living.

Regards once more, Handy

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

This is my reply to T-mobile's apology and offer of full settlement of our youngsters counter claim through CISAS.

Fwd: CISAS Ref 21345678 - Xxxxxxx v Everything Everywhere Ltd (T-Mobile) - BC&W Ref:B144332211

FROM: desyduk@allaboutdebt

TO: helen.x.young@everythingeverywhere.com

CC: Contact UsMailbox (BCW Group)

Message flagged
Tuesday, 24 July 2012, 16:43


Dear Ms Young,

You know and have the authorisation that I act on behalf of Xxxxxx Xxxxxx who has passed me your email and following my return from mainland Europe I am now in a position to respond, with a copy to BC&W.

Xxxxxxxxx cancelled her account with you in January 2009, effective April 2009. Your claim was and remains unsupported and unproven, and, since it came to light your claim has continuously been disputed. Xxxxxxxx has never wavered in disputing your claim. Xxxxxxxx has always denied liability to you as you have claimed it.

Furthermore, you discontinued sending her fully itemised paper bills which you were required to do as per her original contract of service, and, she neither knew of nor accessed any T-mobile on-line account. She has not used your service since 2008.

The reason you do not have a record of her cancellation call, which I witnessed, can be for many reasons to do with your organisation, record keeping, systems, capacity, competence, change, agents and/or idleness, but, it does not relate to lack of action by Xxxxxxxx to cancel your service and the fact that you are unable to prove or disprove that she cancelled her account with you does not concern her as she cancelled it, it concerns your organisation. Your opinion concerning her cancellation of your service and your hypothetical ‘in any event’ ‘would have beens’ and ‘should have beens’ don’t wash, the facts are as follows.

Xxxxxxxx has been slammed, had £1048.60 taken from her account by you without her knowledge over two and a half years, and, quite rightly, she recovered this money from you as you did not reply to her 2 recorded delivery letters disputing your claim. Instead your Christine made a very brief phone call to me on 29 December 2011; in her call she never addressed the detail of our letters. Your Christine had the wrong date of our cancellation call, which she said was in 2008, and I gave her the correct date of the cancellation call, January 2009, she said she would investigate and call me back with her findings. Neither you nor Christine have ever phoned me back since, not unsuccessfully on 10 January 2012 as is suggested by your notes, or at any other time as is confirmed by your notes. Don’t take my word for it please do a footprint trace and satisfy yourself my number is 07771991110, which you were given as point of contact in 2011.

As a result you failed to inform me of your investigation findings and your subsequent actions following your call of 29 December 2011, as a consequence you then effectively ignored our dispute by instructing Buchanan Clark & Wells to proceed with their activity, in contravention to the Credit Services Association Code of Conduct, and, we continued to dispute your claim at each and every contact with BC&W since, and, you continued to ignore their feedback to you that we continued to dispute your claim telling them it was resolved, and they consequently continued to bully Xxxxxxxxx.

In all of this Xxxxxxxxx has been bullied, threatened and intimidated and your apology for ‘any inconvenience this matter may have caused’ is to say the least anaemic in the face of the stress you have caused to her.

If you are to start to change the culture of your organisation, which you agreed to do by accepting our claim in full, then you should start by answering these questions; why did our recorded delivery letters go unanswered, and, why did your Christine not establish communication with me to discuss her findings and the next steps in January 2012 before unleashing BC&W again, and, why did you not reply to my written request for details of your dispute resolution service, and, why did you repeatedly instruct BC&W to pursue your claim after they had repeatedly advised you that we continue to dispute it throughout 2012, and, why did BC&W not heed our repeated warnings to them that the matter was in dispute and our warnings to stop bullying Xxxxxxxxx?

We absolutely refute liability for your claim of £1092.43, not £1082.43 as you state. We note that you have used the £10 Subject Access Request fee paid to BC&W, as prescribed by the Data Protection Act which they passed to you at your behest, totally unlawfully to offset against your claim. We have previously complained about this and we now want this corrected immediately with a full apology.

We want your acknowledgement that your claim no longer exists and Xxxxxxxx therefore, contrary to what you say, cannot remain liable for it.

You have agreed to meet Xxxxxxxx’s claim through CISAS in full, which includes her financial claim against you for £1100, please confirm you intend to send her your cheque in this sum on or before 8 August 2012.

Finally, we do not want Xxxxxxx’s credit file updated to show your “claim settled, paid in full”, as your notes show you intend; we want the default notices completely expunged with no trace of your claim. Please send proof that this has been done.

In the meantime the data you have sent me is incomplete, I asked you for everything concerning Xxxxxxxx Xxxxxxxxx, and I shall write to you separately concerning this.

Yours sincerely,

Desyduk

For and on behalf of
Xxxxxxxx Xxxxxxxxx

[mystery1]

Re: Phones4U/T-Mobile/BCW Hell

I have only read your last letter so whilst not being fully aware of the facts and history i ask, have you read/mentioned Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and Richard Durkin v DSG & HFC

M1

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

I have only read your last letter so whilst not being fully aware of the facts and history i ask, have you read/mentioned Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and Richard Durkin v DSG & HFC

M1

Hi Mystery , I haven't read them, I guess it must be case law, what are the main points and how do I access them?

Thanks

Desyduk

PS Found out how to access them, thank you.

[Never-In-Doubt]

Re: Phones4U/T-Mobile/BCW Hell

I guess it must be case law, what are the main points and how do I access them?

I have made the links bold, easier to stand out.

[mystery1]

Re: Phones4U/T-Mobile/BCW Hell

Hi Mystery , I haven't read them, I guess it must be case law, what are the main points and how do I access them?

Thanks

Desyduk

PS Found out how to acces them, thank you.

Durkin is off to the supreme court this year if he can raise the £10K he needs. Originally he won £250K or similar. Appeal court gave him £8000 for the wrong default.

M1

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Here's a first reminder to T-mobile about their missing data in response to my SAR

FAO Michael Edwards Customer Administration T-mobile

Hide Details

FROM:desyduk@allaboutdebt.com
TO:helen.x.young@everythingeverywhere.com
CC:Contact UsMailbox BCWgroup


Tuesday, 24 July 2012, 18:33



Dear Ms Young,


Please forward my letter to your Michael Edwards, thank you.


Yours sincerely

Desyduk

For and on behalf of
Xxxxxxx Xxxxxxx

Newcastle Upon Tyne

24 July 2012

Michael Edwards
Customer Administration
T-Mobile
6 Camberwell Way
Doxford Technology Park
Sunderland
Tyne and Wear
SR3 3XN

Account number: 3456789
Ref: DOX/CAT/6233

Dear Mr Edwards,


Thank you for your letter with attachments dated 19 July 2012, unfortunately you have not sent me all the data you have relating to Xxxxx Xxxxxxx as I requested.


Here are some examples of missing data: your letter to Xxxxxxxx confirming the cessation of paper billing and the availability of an online account for her, copies of all itemised monthly bills, copies of letters that were sent to you, and, if any, your replies, your communications with Phones4U, copies of default notices, copies of your correspondence to Buchanan Clark & Wells, copy of footprint trace on the account, your legal departments notes, your customer service notes and transcripts of telephone conversations to name a few.


This is by no means an exhaustive list of missing documents, so it would be much easier if you just give me everything as I asked for it earlier.

Yours sincerely

Desyduk

For and on behalf of
Xxxxxxxx Xxxxxxxxx

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Unbelievable! Everything Everywhere (T-mobile) are
trying to renege on their offer to CISAS to settle our claim "in full" by redefining what "in full" means to them!
To them "in full" means to settle the bits of the claim they like, a partial settlement, and, in a manner that suits them.

T-mobile now say they don't think our claim for £1100 compensation has any merit and it won't suceed!

How can they do this when they confirmed to CISAS on 11 July 2012 that they would settle our claim "in full", this £1100 compensation was part of our CISAS claim, it was not a "any further claim"?

Below is their email to me confirming their duplicity.


RE: Fwd: CISAS Ref 211223344 – Xxxxxx v Everything Everywhere Ltd (T-Mobile) - BC&W Ref:B11223344
FROM: Young, Helen X
TO: desyduk@allaboutdebt.com

Tuesday, 24 July 2012, 17:48
Dear Mr Desyduk

Thank you for your email, the contents of which are noted.

To be clear, we settled Ms Xxxxxxxx’s claim in full by waiving the outstanding balance of her account in the sum of £1082.42, withdrew all collections activity and updated Ms Xxxxxxxx’s credit file. All actions were undertaken as a gesture of goodwill, and it was made clear in our correspondence to Ms Xxxxxxxx that although we agreed to settle the matter in full, we did not accept liability for the issues raised by her in her CISAS application. We do not believe that any further claim for £1100 in compensation additional to the removal of the outstanding balance has any merit, and we do not believe such a claim would succeed.

I am however willing to investigate the issue raised regarding the complete removal of the default from Ms Xxxxxxxx’s account, and I will respond to you once I have completed my investigations under separate cover.

Yours sincerely

Helen Young
Customer Disputes Legal Assistant
Dispute Resolution Legal Affairs
helen.x.young@everythingeverywhere.com

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

I've passed it back to CISAS!

RE: Fwd: CISAS Ref 211223344 – Xxxxxx v Everything Everywhere Ltd (T-Mobile) - BC&W Ref:B11223344
FROM: desyduk@allaboutdebt.com
TO: Young, Helen X
CC: Contact Us Mailbox BCW Group
Message flagged

Tuesday, 24 July 2012, 19:53

Dear Ms Young,

I have passed your emails on to CISAS for action.

Yours sincerely

Desyduk

For and on behalf of
Xxxxxxxx Xxxxxxxxx

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Meanwhile I continued probing Buchanan Clark & Wallies on the SAR and my £10 fee they passed to T-mobile!

From:desyduk@allaboutdebt.com
Sent: 12 July 2012 14:28
To: Contact Us Mailbox BCW Group
Subject: Re: B11223344 FAO Lorna Morrison

Mr Carruthers,

I cannot believe how nasty and stupid your client is and it seems you too, I had hoped for better from you!

Yesterday in response to our complaint to CISAS, your client confirmed he would settle Xxxxx Xxxxx’s claim in full, he will write-off his claim, compensate Xxxxxx Xxxxxx plus give her an apology, an explanation, and take action to ensure a cultural change in their organisation.

Today, we have received another bill from your client in the sum of £1092.43 less £10 payment received by Agency (You).
You know, and, have the proof in my covering letter, that the £10 paid to you was the statutory maximum fee for the Subject Access Request sent to you under the Data Protection Act.

You're both in a big hole, it seems you have dug it with a JCB, carry on digging.

I haven't received a reply from you to my last 2 emails to you.

What have you got to say about this latest turn of events?

Desyduk

For and on behalf of
Xxxxxx Xxxxxx

[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.

I think CleverClogs would disagree with Botty-gravy, Crap and Smells response!

From:Contact Us Mailbox <contactus@bcwgroup.com>
To: "'desyduk@allaboutdebt.com'" <desyduk@allaboutdebt.com>
Sent: Thursday, 12 July 2012, 17:18
Subject: RE: B16884191 FAO Lorna Morrison

Dear Mr Desyduk,

Prior to your most recent email, we were contacted by our client. They asked that we provide all data in order to comply with the Data Access Request made by you, to our client, via this office. All data has been provided.

The £10.00 fee was remitted to our client for the purposes of the Data Access Request. Any issues you have in relation to how this has been detailed in correspondence sent by our client should be addressed with them directly.

All statements made by this office pertinent to our status as a Data Processor in this matter remain unchanged. You are correct in that we are listed as a Data Controller as we undertake data handling for purposes other than third party debt recovery. However, in this instance we are Data Processors and our handling of your Data Access Request is correct and compliant with all relevant legislative requirements. As an organization, we are both data controllers and data processors. The attached file was obtained from the Information Commissioners website and has been provided here on the advice of the Commissioner’s Office. For clarification, a link to the section of the Information Commissioners website from which it was obtained is pasted below.

http://www.ico.gov.uk/for_organisations/guidance_index/data_protection_and_privacy_and_electronic_communi cations.aspx
We have contacted our client’s office in order to confirm that this matter has been closed and we are to withdraw. Once confirmation of this has been received, our file will be closed and returned to Everything Everywhere Ltd. Our involvement in this matter will have ceased.

Yours sincerely,


Darren Carruthers
Quality Assurance Officer
BCW Group

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

I disagree with BC&W too on the basis of their register entry details with the Information Commissioners.

From:"desyduk@allaboutdebt.com"
To: “contactus@bcwgroup.com”
Sent: Friday, 13 July 2012, 23:11
Subject: Re: B11223344 FAO Lorna Morrison

Dear Mr Carruthers,

As you know I am away from home and can´t easily access the internet.

Firstly, thank you for responding to my last email but I must correct you, I sent a Subject Access Request to your client some time ago by recorded delivery, your client is not responding to the ´Data Access Request´ I made to you, despite any similar request you may have passed on to your client.

Your client, in his stupidity, simply told you to give him the statutory ten pound fee I paid to you and he banked this against his unbilled, disputed, unproven and finally defeated claim against Xxxxxxx Xxxxxxx after she recovered the money your client had stolen from her bank account without her knowledge over years.

Your client is only now scratching around in an attempt to put right other failings now that he has accepted Xxxxxx Xxxxxxx´s counter claims in full. That is the reason why your client has only now asked you for your data, and that will be confirmed by the data when we have it.

As I have told you before, your client has played you and you have been happy to oblige, operating under the terms of ´ignorance being blissful then why be wise´, to paraphrase Sean O´Casey, this is not good enough. You have caused enormous stress to Xxxxxxxxx and her mother, damaging your own reputation into the bargain you have with your client.

No Mr Carruthers, I sent you the 10 pound fee for your data. Any issue arising as a result of your decision to give that fee away to a third party must be addressed by you, you gave it away. Besides as I have been telling you, and bombarding you with unanswered correspondence we have sent to your client, your client doesn´t listen to his customers, he hasn´t listened to us, and, we´re not now going to start doing your work by asking him to give you back our money. Your client has clearly, in writing to, us shown that he has used this ten pounds statutory Data Protection Act Access fee that you gave him to offset against his failed claim against Xxxxxxx Xxxxxxxx. This is a gross abuse by you and your client, what do you intend to do about it.

Your registration as a Data Controller states among other things that it is for the purpose of you undertaking debt collection on behalf of third parties, and, not for purposes other than third party debt collection, you clearly haven´t read it. When I´m back in the UK I´ll send you chapter and verse, something needs to change because you’re giving one story to me and another to the Information Commissioners.

Mr Carruthers I really don´t wish to be rude but between your client and you I am so sick of dealing with ignorance, please just read the registration entries that I gave you already.

Thanks for your link, I read it many moons ago and as I told you I obtained advice on the subject from the Information Commisioners which I repeated to you already, do you remember, he said ~ you can´t have it both ways, but it appears you´re still trying!

Mr Carruthers I can assure you that your involvement in this matter will not cease because your client says you can withdraw.

I look forward to your response, after you have read your data controller registration details.

Yours sincerely

Desyduk

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

Thank you again Cleverclogs I sent them your link on Bastille Day

From:desyduk@allaboutdebt.com
Sent: 14 July 2012 13:27
To: Contact Us Mailbox BCW Group
Subject: Re: B11223344 FAO Lorna Morrison

Dear Mr Carruthers,

Below is the link to The Data Protection Public Register.

http://www.ico.gov.uk/ESDWebPages/DoSearch.asp

Enter your company´s registration number Z9810407

You will see under Purpose 4 of your registration as a Data Controller that you describe this purpose as ´The tracing of consumer and commercial debtors and the collection on behalf of creditors´.

This purpose is specifically for debt recovery for third parties, which you have steadfastly denied, you are demonstrably incorrect.

What have you to say.

Yours sincerely,

Desyduk

For and on behalf of
Xxxxxxxxx Xxxxxxx

[Desyduk]

Re: Phones4U/T-Mobile/BCW Hell

After 2 days of deliberation with their client T-mobile, and, no doubt with much costly legal advice, BC&W respond.

Buchanan Clerk & Willys and T-mobile will have a contract between them that addresses the point concerning which of the two will act as Data Controller in relation to their debt recovery activities.

However it's probably worth me complaining about BC&W's register entry, specifically purpose 4, to request the Information Commissioners to have this removed in the light of BC&W's position in this matter which misleads the public.


RE: B11223344 FAO Lorna Morrison
FROM:Contact Us Mailbox BCW Group
TO:'desyduk@allaboutdebt.com'
Monday, 16 July 2012, 9:31

Dear Mr Desyduk,

Your comments have again been noted. However the position taken by this office pertinent to our details on the public register, our relationship with our client in this matter and our prescribed obligations to which we must adhere in these circumstances remains unchanged. If you wish to pursue this matter further I can only advise that you do so formally to the Information Commissioners Office. We will happily liaise with the Commissioner’s Office and assist them in bringing about a resolution to this matter.

Similarly, our stated position relevant to the Data Access Request, the prerequisite fee of £10.00 remitted to our client and our general conduct in this matter has already been addressed. We have discussed matters further with our client who has stated that any further enquiries in this regard should be sent to them directly. They will be happy to address any further concerns you have in these matters.

Yours sincerely,

Darren Carruthers
Quality Assurance Officer
BCW Group