un1boy v T mobile (hard facts re claim only )

[un1boy]

Ladies and Gentlemen, Boys and Girls- Un1boy has made a decision will cahnge his life forever (either way).....

I'm really fed up with writing to these halfwits now so I have decided that I will issue and N1 form...please can you check over the POC I want to use and advise me whether I'm able to issue? It's becasue they are still processing my data and cannot give me a copy of any agreement I have allegedly signed:
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The Claimant signed a civil contract with the defendant pre 2002 until in which it was agreed that the disclosure of personal data in relation to the contract would extend only to such times as the conclusion of the contract.

This has breached the Claimant’s rights under the Consumer Credit Act and under the fourth principle of the Data Protection Act which states that “Personal data shall be accurate and, where necessary, kept up to date.”

Furthermore, the Claimant served a statutory notice under sections 10 and 12 of the Data Protection Act on the 30th August 2006; again the defendant refuses to acknowledge the notice and is in breach of the claimant’s rights under the Act.

Personal Information has been provided to third parties by the defendant, who is unable to establish any contractual or legal right to provide this personal information to third parties.

The defendant is in breach of The Data Protection Act 1998.

At no time did the Claimant grant permission, either expressly or implied, for the defendant to arbitrarily extend that permission to store, process or disclose inaccurate personal data beyond the cessation date of the contract.


It is the Claimant's contention that the defendant’s perceived right to arbitrarily chooses to extend the length of that contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

The defendant has failed to provide the Claimant with any evidence to prove agreement to such terms in perpetuity, and it is therefore the Claimant's contention that the defendant is in breach of both the contract itself, the and the Data Protection Act 1998, by the defendant's continued disclosure of personal data.

The claimant seeks the cessation of the disclosure of any personal data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc and costs of £200 for postage, research and time.
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[un1boy]

Sory tinks, I've not been getting my reminders rom this forum and I have only had a few minutes now to checkthrough my other posts....

so, I'm going with this?:
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The claimaint had a mobile phone contract prior to 2002 which ended April 2004.
The claimant’s personal information is being provided to third parties by the defendant, who is unable to establish any contractual or legal right to do so, despite various requests by the claimant.

The Claimant served a statutory notice under sections 10 and 12 of the Data Protection Act 1998 on the 30th August 2006 which the defendant has refused to acknowledge. The defendant is therefore in breach of the claimant’s rights under the Act.

Furthermore, it is the Claimant's contention that the defendant’s perceived right to arbitrarily choose to extend the length of said contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

The claimant seeks to enforce the Statutory Notice served on the defendant on the 30th August 2006, to cease disclosure of any personal data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc.

The claimant also seeks costs of £200 for postage, research and his time.

[un1boy]

Originally Posted by Tinkerbelle

The claimaint had a mobile phone contract with T-mobile prior to 2002 which ended April 2004.

The claimant’s personal information is being provided to third parties by the defendant, who is unable to establish any contractual or legal right to do so, despite several requests by the claimant.

The Claimant served a statutory notice on the defendant under sections 10 and 12 of the Data Protection Act 1998 on the 30th August 2006 with which the defendant has refused to comply. The defendant is therefore in breach of the claimant’s rights under the Act.

Furthermore, it is the Claimant's contention that the defendant’s perceived right to arbitrarily choose to extend the length of said contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).

The claimant seeks to enforce the Statutory Notice served on the defendant on the 30th August 2006, to cease disclosure of any personal data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc.

The claimant also seeks costs of £200 for postage, research and his time in having to bring this matter to court.

Thanks Tink!

I really do appreciate your help with this!!

[un1boy]

Sorry, I should have made myself clearer - I am going to send this one to their registered address.

I was talking about claiming charges.....I have read that they should be issued to the registered address.....I just sent all mine to the branches as I was told originally!! I've one all mine now, apart from on, but just worried they might try and use the the fact that I issued it to my branch as a way to stall it?!

[un1boy]

Oh, and I take it I put £200.00 in as the value?

Will this bring the court costs down? Any idea if so how much to?

[un1boy]

Sure, about £200 - but, does that turn my claim into a monetary one?

[ian cognito]

yes i believe it does

[un1boy]

here's the POC:

The claimaint had a mobile phone contract with T-mobile prior to 2002 which ended April 2004.
The claimant’s personal information is being provided to third parties by the defendant, who is unable to establish any contractual or legal right to do so, despite several requests by the claimant.
The Claimant served a statutory notice on the defendant under sections 10 and 12 of the Data Protection Act 1998 on the 2nd October 2006 of which the defendant has refused to comply. The defendant is therefore in breach of the claimant’s rights under the Act.
Furthermore, it is the Claimant's contention that the defendant’s perceived right to arbitrarily choose to extend the length of the said contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999).
The claimant seeks to enforce the Statutory Notice served on the defendant on the 2nd October 2006, to cease disclosure of any personal data to any third party including, but not restricted to: Equifax plc, Experian Ltd and Callcredit plc.
The claimant also seeks costs of £200 for postage, research and his time in having to bring this matter to court.
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Does this make sense that they cannot show a copy of my contract? Should I refer to it as alleged?

[un1boy]

OK guys, haven't heard from them or contacted them for a whil buti am sending my N1 today
can i just do that, or shoudl i give them another 7 days notice?

Ah well, they are aware I'm gonna be sending them an N! so I don't care!

[un1boy]

OK, so what did I find on my doorstep today? A notice of issue form the Court and an acknowledgement of service (literally on the same day) from T-Mobile, they intend to defend the whole claim....gues I just wait for their defence now?

I am actualyl bricking it now, but will see what they have to say - I'll post the defence etc as soon as I get it!!

[un1boy]

Originally Posted by un1boy

OK, so what did I find on my doorstep today? A notice of issue form the Court and an acknowledgement of service (literally on the same day) from T-Mobile, they intend to defend the whole claim....gues I just wait for their defence now?

I am actualyl bricking it now, but will see what they have to say - I'll post the defence etc as soon as I get it!!

Interesting that the letter is signed by a "legal assisstant" and they have crossed out "Defendant's Solicitor" on the court form and written "signed for and on behalf of the defendant"

Does this mean anything?!

[un1boy]

Ok guys- got the acknowledgement of service from the court today ...... let's see wht happens!

[dayglo]

based on learning from my case - I've made some comments for you to consider in red. If they defend (i think they will) you may consider amending your PoC.

The claimaint had a mobile phone contract with T-mobile prior to 2002 which ended April 2004. ok
The claimant’s personal information is being provided to third parties by the defendant, who is unable to establish any contractual or legal right to do so, despite several requests by the claimant. They don't have to if they claim that the conditions described in Schedule 2(6) are met - they haven't done yet but they will (unless you are very lucky!)
The Claimant served a statutory notice on the defendant under sections 10 and 12 of the Data Protection Act 1998 on the 2nd October 2006 of which the defendant has refused to comply. The defendant is therefore in breach of the claimant’s rights under the Act. I think the section 12 stuff is a red herring, have you read section 12? I know it's too late, but if they choose to defend, you should add "The claimant is asking the court to make make an order to enforce compliance with the notice as per his rights under Section 10(4)
Furthermore, it is the Claimant's contention that the defendant’s perceived right to arbitrarily choose to extend the length of the said contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999). What you are actually doing is challenging that the length of time for which they ar eprocessing your data is unreasonable and in breach of Principle 5. But this is a tough one to prove as the Information Commissioners Office have recommended that 6 years IS reasonable.
The claimant seeks to enforce the Statutory Notice served on the defendant on the 2nd October 2006, to cease disclosure of any personal data to any third party including, but not restricted to: Equifax plc, Experian Ltd and Callcredit plc.
For the S.10(1) to be valid, you must show that you have suffered substantial damages and distress and that this is unwarranted - you haven't done that. Good examples are i) higher cost of mortgage payments or credit cards
The claimant also seeks costs of £200 for postage, research and his time in having to bring this matter to court. Can you prove this?

[un1boy]

Thank Jan and Thanks Dayglo for all your comments. They haven't used the schedule 2(6) yet. I want them to stop processing my data to the CRA's because the contract has ended.

In answer to your comments:
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The claimant’s personal information is being provided to third parties by the defendant, who is unable to establish any contractual or legal right to do so, despite several requests by the claimant. They don't have to if they claim that the conditions described in Schedule 2(6) are met - they haven't done yet but they will (unless you are very lucky!) -
no they haven't yet

The Claimant served a statutory notice on the defendant under sections 10 and 12 of the Data Protection Act 1998 on the 2nd October 2006 of which the defendant has refused to comply. The defendant is therefore in breach of the claimant’s rights under the Act. I think the section 12 stuff is a red herring, have you read section 12? I know it's too late, but if they choose to defend, you should add "The claimant is asking the court to make make an order to enforce compliance with the notice as per his rights under Section 10(4)
Ok,thank you - tehy have said theya re going to defend but have not sent me their defence yet.

Furthermore, it is the Claimant's contention that the defendant’s perceived right to arbitrarily choose to extend the length of the said contract without the Claimant's knowledge or agreement would be unlawful and unenforceable under the provisions of the Unfair Terms in Consumer Contracts Regulations (1999). What you are actually doing is challenging that the length of time for which they ar eprocessing your data is unreasonable and in breach of Principle 5. But this is a tough one to prove as the Information Commissioners Office have recommended that 6 years IS reasonable.
Yeh, I guess, but if they cannot prove that I agreed to any terms and condtions agreeing to them processing for that long I don't see how they can process it for that long....I know that you mention consent isn't required, but surely they have to prove that I agreed to certain terms and conditions, otherwise, what's the point of having a contract? Plus, they haven't sent me a copy of the T&C's that were relevant at the time, only the ones relevant today!!

The claimant seeks to enforce the Statutory Notice served on the defendant on the 2nd October 2006, to cease disclosure of any personal data to any third party including, but not restricted to: Equifax plc, Experian Ltd and Callcredit plc.
For the S.10(1) to be valid, you must show that you have suffered substantial damages and distress and that this is unwarranted - you haven't done that. Good examples are i) higher cost of mortgage payments or credit cards
Sure, I can prove this by being refused current accoutn sand paying higher rates on credit cards.

The claimant also seeks costs of £200 for postage, research and his time in having to bring this matter to court. Can you prove this?
Not really, but I can put together a kist of time I have spent researching etc nad have kept all the letter seent/received etc.
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