The Big Phone Store Claimform - inaccurate data processing by Three.

[tdodwell90]

Hi all,

 

I'll try and keep this as short and sweet as possible...

 

I took out a Three phone contract last year, I didn't get on with the phone, I sold the phone to a company called 'The Big Phone Store', I then purchased a new phone and used the sim card from my contract in this new phone.

 

End of September this year I lost my phone, I contacted Three on live chat to inform them, I gave them the IMEI number of the lost phone, they blocked the phone but for some reason they also blocked the phone I sold.

 

I had to keep chasing them for a 'proof of block' for me to provide to my phone insurance company, it took them around 3 weeks to finally email this to me, when I received the proof I realised it had the wrong IMEI number on it, I contacted Three again and told them this, they said they had blocked both phones, I told them they needed to unblock the phone I sold which they said it would be unblocked within 72 hours.

 

In the meantime I received a letter from 'The Big Phone Store' giving me notice of intended court action. I emailed them straight away and explained the situation and told them the phone would be unblocked within 72 hours. They agreed to hold off court for a further week.

 

They then emailed me a week later and said the phone was still blocked, I checked this myself and noticed that this was indeed the case, I got back onto Three and they apologised and would put the unblock request through again. In the meantime I have now received a County Claim form claiming for £900 for the phone plus their admin charge and £70 court fee so £970 in total.

 

This was not my fault at all as I gave Three the correct IMEI number to block but they took it on themselves to block the 2 phones. I have proof of the chat transcripts to confirm this. 

 

This is the first time I've received a court letter so I'm really not sure what to do.... is there anything I can do to fight this as it wasn't my fault. I even emailed a copy of the chat transcripts I had with Three to the company, I was working with them to sort it out but I feel like they've rushed into the court route.

 

Thanks for any advice, it's greatly appreciated. 

 

 

 

[BankFodder]

Please can you post up the PDF form in PDF format. You can redact your own personal identifiers but leave everything else intact.

I think you need to involve Three very closely here. I think you should immediately send them a copy of the claim form and tell them that they are responsible and that you will be joining them as a co-defendant – a part 20 defendant.
Separately, you should say to Three that as clearly they have processed your data inaccurately that you will be seeing them for the distress caused. Do this in a separate letter headed "Letter of Claim" and tell them that normally you would give them 14 days notice but as you have already received a claim form because of an error which is being caused by their breach of the data protection act, that you are now giving them only seven days after which you will begin a legal action.
Tell them that you require them to start dealing directly with "The Big Phone Store" but they must copy you into all correspondence. Send a copy of all correspondence that you send to Three to The Big Phone Store so that they are fully in the loop as to what is happening.

You will have to respond fairly quickly to the claim form. You haven't told us what date you have received it that you will have 14 days of the data service. Post it up immediately.

I can't remember the procedure for joining a co-defendant and I'm giving a callout to @Andyorch who I'm sure will provide the answer very quickly.

 

I would suggest that you definitely bring your claim for the breach of data protection against Three and in view of the seriousness of the beach and the distress caused to you I would suggest that you should be looking to claim at about £300.

Post your draft letter of claim here. You need to get off to them tomorrow.
 

[BankFodder]

PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

You will have to find work through some of this reading in the links I've posted above. You are trying to join an additional party as a co-defendant and are not sure whether you have to make an application to the court to do so.

[dx100uk]

please complete this:

 

 

[Andyorch]

In addition to the links above take a read of the following:-

 

Addition or substitution of defendant

 

3.1  The Civil Procedure Rules apply to a new defendant who has been added or substituted as they apply to any other defendant (see in particular the provisions of Parts 9, 10, 11 and 15). 

3.2  Where the court has made an order adding or substituting a defendant whether on its own initiative or on an application, the court may direct:

(1) the claimant to file with the court within 14 days (or as ordered) an amended claim form and particulars of claim for the court file,

(2) a copy of the order to be served on all parties to the proceedings and any other person affected by it,

(3) the amended claim form and particulars of claim, forms for admitting, defending and acknowledging the claim and copies of the statements of case and any other documents referred to in any statement of case to be served on the new defendant.

(4) unless the court orders otherwise, the amended claim form and particulars of claim to be served on any other defendants.

 

PRACTICE DIRECTION 19A – ADDITION AND SUBSTITUTION OF PARTIES - Civil Procedure Rules

WWW.JUSTICE.GOV.UK