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Human Writes

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Human Writes last won the day on May 23 2011

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  1. Check out my comments over here which may give you some pointers about what to say - http://www.consumeractiongroup.co.uk/forum/showthread.php?454365-TalkTalk-website-hacked-4m-customer-s-data-at-risk&p=4811943&viewfull=1#post4811943
  2. I think even if you did not suffer direct personal harm you could still argue that Talk Talk are in breach of contract, because they have failed to to provide to service to every customer with reasonable skill and care. They have been grossly negligent having failed to encrypt customers personal details, the DPA requires that they take "reasonable technical and organisational measures" to protect customers data, this is apparently the third cyber attack Talk Talk have suffered in less than 12 months and they are still not encrypting data on their website. The DPA has been statute since 1
  3. You have various rights against whoever supplied you with your phone in respect of the goods under the Sale of Goods Act, the Sale and Supply of Goods to Consumers Regulations and others, these boil down to a repair of the goods, replacement of the goods, or a full or partial refund. They have no legal obligation to offer a different model phone to you. The contract you have with Orange is for the supply of network services only, it specifically excludes the phone and the accessories, see paragraph 14 of the contract, because the contract is for supply of network services only, they cannot be
  4. There is possibly another route you could use to have them waive all liabilty for the contract, although it would take more effort to argue and prove. One of the cornerstones of contract law is something called capacity, this means that you must understand the contract and have the capability of entering into it of your own free will. You made a throw away comment about not being compus mentis, I don't know if you were serious about this or not, but if you were suffering from a mental illness or condition which meant you were unable to take reasoned decisions about entering into the contra
  5. Send them a copy of his birth certificate and ask that they cancel the contract, as long as you can prove he is a minor they can't hold him to the contract as it is not legally enforcable.
  6. Arbitration is one step shy of a country court claim and follows the same legal principles. Try to remember if you do make a claim that onus rests with you to prove any points you want to rely on, it may not be sufficient for you to simply say something happened, you may have to prove to the satisfaction of an independent third party, usually a solicitor or barrister that what you say is true. The only way for you to do this is provide evidence which supports your claim.
  7. I guess their point of view is that they've waived charges for you once in those circumstances i.e you used a lot of data and incurred an unexpectedly large bill, these were charges which they have no duty or obligation to waive and which you would be liable for under the terms of contract, then you've gone out a few months later and done exactly the same thing again to a greater degree, whilst I don't agree with the size of the bill you've incurred, you have to take responsibility for your actions, it's difficult to see how this is all Orange's fault or why they should just waive the charges
  8. The contract for staff accounts would be covered by the same code of practice as the contract for regular accounts, if it has been more than eight weeks since he first complained about the matter he'd be able to make a complaint to either Otelo or CISAS which will cost the company he's working for circa £500.00 if they have to defend it. Personally I'd tell them they've had long enough to investigate the matter and your tired of waiting for them to resolve the complaint, give a letter to your Ops Manager to this effect setting out your recollection of events and tell them that unless they re
  9. From a strict contractual standpoint you are liable for the calls, voda don't have to show you any "goodwill" in this instance if they don't want to, they can insist that you pay the charges in full.
  10. They just get passed to a complaints team, no CEO of a major multinational company that I'm aware of answers this stuff themself.
  11. Complain to Ofcom about it, it's the process they approved and which all of the networks use. If you ask to transfer your number, the onus lies with you to ensure that it does happen, but they should send you something in writing to confirm if you don't use the PAC the number will remain connected.
  12. Your assuming that the data that he wants was held by Orange in the first instance or that they still hold the data now, both of which I'd be less than certain about. Do mobile phone providers get location data when your using another network in a foreign country? Do they get mast info? Aren't you using a different companies network altogether so would this information even be passed along? On the topic of whether or not you've been spammed or whether your device was faulty, I'm guessing that from the networks point of view they really don't care - they provide access to a service, the fact
  13. An interesting read, it seems to me that you lost your CISAS claim for two reasons, one is that a lot of the issues raised fell outside of the scope of the scheme, it seems that Orange told you that this would be the case before you made the claim and you chose to proceed anyway? The second is that like in any civil claim the burden of proof lies with you the person who made the allegations, but because you were arguing rightly or wrongly about completing some paperwork they sent you for a SAR, you did not have any evidence from their records and they did have evidence to support the statem
  14. You could argue quite successfully I would believe that it is the fault of the son, the mobile phone company accepted the information he provided them with about his age on on good faith. If he misrepresented his age when taking out the contract (presumably to ensure he could take the contract out as he knew he was under eighteen) which is what the original post would seem to indicate, then he has obtained goods and services by deception which is a criminal offence. Whilst he can't be held liable for the contract on a civil basis, there is a possibility albeit a small one as I highlighte
  15. It's an interesting one, from a strict legal standpoint your son cannot be bound by a contract he entered into as a minor, because legally at that time he lacked the capacity to enter into the contract. The legal issues are whether or not continued use of the services after he turned 18 constitute acceptance of the contract and whether he can be bound by the terms of the contract which were presented to him before he turned 18. I suspect that he has a contract of sorts with the network, on the basis that they supplied services and he paid for those services, but in my opinion he cannot b
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