help with DPA breach and broadband slamming talk talk

[phat256]

i have posted on the general forum but i haven't got much help so i decided to post here and see what people can do to help me

 

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/187976-data-protection-act-breach.html

 

much appreciated . thank you.

[locutus]

Write to:-

TalkTalk Telecom Limited

Customer Services

1 Portal Way

London

W3 6RS

Or e-mail:- [email protected]

 

Inform them that you have never asked to move to talktalk, include the complaint ticket number. Tell them in the letter exactly what you want from them to sort this to your satisfaction, and ask if they cannot deliver this to send you a "deadlock" letter so you can escelate the complaint to Office of the Telecommunications Ombudsman (Otelo). If it does come to that, Write to Otelo at :-

Otelo

PO Box 730

Warrington

WA4 6WU

[phat256]

done it in december 2008 , wrote 4 times to them ( as a reminder) , sent recorded delivery spoke to one person from the CEO office but they never replied to anything, never acknowldege my letter (even though sent recorded delivery). when no replies i contatcted OFCOM, OFT who put me thorugh to trading standard they have sent two letters but talk talk has still no replies .

[phat256]

update i received a letter from trading standard saying to me that i should consider sueing them as they have not replied to any phone call call and elter form them so how should i go about it ?

[phat256]

just had another upsetting and frustrating phoen call from talk talk aparently as the other guy and woman answer correctly on their security qyuestion name adress and d.o.b then for them theyhave nto breach my data protection act i am furious to say the least......... is it right ? or they are still fobbing me off ?

[phat256]

107 view and no answer waoh lol !

 

anyhow i recieved a letter from talk talk confirming this breach of action of my data byut they calim as thye coudl retrieved the phoen call it may be a typing error from thier part to which they are not responsibel for it ... can igo further with this letter re court action ?

[IdaInFife]

you really need to lodge a complaint with Otelo.

 

they are quite good from the experiences I am aware of but as advosed before it would be better if you could get a deadlock letter from talk.

 

I would be sending a final letter to talk talk.

 

I would be asking for:

 

Removing all theire services if active

refunding any payments that have been taken ( this i would be worried if you are paying by dd as someone has your bank details)

and removing any info on you from their systems

 

advised them that due to lack of response from them you now require the above in 14 days and if they fail then you want them to send you a letter detailing each point and then you will lodge a compaint with Otelo.

 

Ida x

[phat256]

slteady use all extension but the problem with otello the average i can get is 70 pounds in compsensation it won't cover just for the fee to get myself reconnected to BT and the endless letter and phone call ihad to make to sort out this mess and the cosntant demand of payment i have received form talk talkfor a service i have never requested in the first place.

 

 

although talk talk acknowldege a breach of data they seems that is not thier problem so they told me i won't be eligilbe fo rhe reminder afo the bill but what about the money i already paid for it plus the connection fee etc... ..... it cost me a lot ot money to return to my old ISP and BT 'cause someone use my name fraudlently adn talk talk haven't seek my express consent ( term and condiotion). i think i will be better to start with a county court claim but i am not too sure how to word it i have a lot of concrete evidence supply by talk talk form their SAR

[phat256]

i really need help with talk talk after following the advise fo indaife i received this letter from talk talk

 

 

then i send another letter saying i was taking that i as partial settlement i as i feel the data protection breach is more serious and also they promised me to refund the SAR fee and cost of letter over the phone but there was no mention of that in the letter (if i did received that i would have left it and moved on bu talk talk think otherwise ! ) then today i received this letter from talk talk i like the big final demand when it is the first demand have received form them

 

 

i have repleid form trading standar who tld me they have refused to answer to their letter and advised me to take thme to court not really sure how to do it or not ! have heard nothing from otello yet

[IdaInFife]

I think with you refusing their offer to clear balance the haven't applied the £62.

 

IMO if they waived the £70 and cleared the account and that's was me finished with them, I woul dhave been happy with that.

 

I cannot give you any advise on court action as I wouldn't know what you could take them to court for.

 

re the DPA, you could send a complaint to the information commisioner but i am not sure of how much of breech they have done.

 

Ida x

[phat256]

i haven;t refused thier offer as sich is the fact they ommited to refund my SAR fee and letter as promised by their phone call which never materialise...

 

i have concrete evidence that i haven't order this broadband ( phoen call recorded on a cd rom as wellas transcript ) and they cheating their way by saying well it is mistake and so on and forth....

 

dfunny thing i rinafg them up twice today the first one had no knowledge abotu the first letter and he second told me we are sorrry balh blah .....

[phat256]

ps i haven't refused their offer i partially accepted as iform the beginign they were reluctant to admit their data protection bit ... for them there is no breach of data as the guy and lady as answered correctly their vague security question.

[phat256]

i have sent them a letter asking them to stop to process my data and another letter telling thelm that i want 500 pounds for all the phone calls, letter , why i h ws purcahrsdd for a debt whenit became clear they was a serious breach of data ( they even tried to blame my carer .... i am disabled) etdc.. i had to made to rectify their mistake aka slamming .... giving them 14 days to respond then a LBA and then court action.... and

[Conniff]

You are going to have to detail exactly how you believe they have breached the DPA, you haven't actually said how.

[phat256]

agreed well i made a SAR to them in december 2008 they responded mid-march 2009 .

 

well in toward the end of october i order online a landline phone to talk talk through their website

 

 

then i received confirmation by them in writing

 

 

to my surprise when i received a bill in december , i was cahrged for about 90 pounds ????? i was shocked so i rang up taltk talk got through to no one as ususal . So i log on to my bill online to see my package has changed from a landline phone to an LLU package . i made alot of phone call, i went to their forums , a customer services did a research without callimg me or confirming or even asking my personal detail !

 

i called OFCOM and Otelo who told me to put everything in writing . so idid and hold and behold someone from their CEO office called to tell em they are taking seriosuly my compliant etcccc.. then she realise that i didn't have a mancunian accent but a rather strong french accent. so again where is my express consent !

 

in my SAR i asked also how they get my express consent i am still waiting an answer to that question. but so far they told me their express consent is when these man and woman use my name it was ok for them ot enter into a contract . i beg to differ as i haven't signed anything nor did i recieved letter confirming this ( even when asked in my SAR) etc....

 

 

but t she kept goign about blaming my carer/support worker etc... they were adamant that i have order a braodband to which i didn't. theri excuse is that that this manadn woman have respoinded to the securoity qeustion which mainly consisted on asking my name DOB and address and nothing else .. this is all on tape provided by talk talk through my SAR.

 

i made a SAR in december 2008 to which i asked for all sales telephone as wellas transcript and i got that

 

 

 

well that took me a back as i am not english and not from the UK soi do not have a mancunian acent and there is no woman living at my home . Moreover, in their contract there is a clause saying that before entering into contract they must seek my express consent .. so i wonder how they have got my express consent .without approaching me first regarding this broadband services .... when i raised my concern to them they tried to blame the carers and suport worker comming tohelp me. towhich i found somewhat shocking.

Edited April 14, 2009 by phat256

[phat256]

since they realise that i haven't ordered anything from them over the phone then well they started making excuses this that our SAR responses has some incorrect information etc .. ... ... i have enough toprove that they went ahead with anorder to whcih i did not give my express consent and they did not seek it asa per their clause of contract ... if you llok at the letter it did not mention braodband services ....

 

in my SAR i asked also to r recived all eltter sent to me with proof of posting .. none came back !

 

a nafter researching thgourt the net i came to realize that i am not the only one that talk talk has done that.

 

in the meantime i had to pay extra to have my line reconnected to BT and to my old provider O2 to which i was then within my 12 contract.

 

my point of line is here if it snot a breach of data protection then what it is ? misselling ? fraud ?

Edited April 14, 2009 by phat256