BT and Ombudsman Service - Communications(OSC)

holdon

In September 2013 BT decided that they would delete my 'in box' resulting in the loss of 9 years work, research and evidence.


The above was my opening statement, emails were lost prior to my departure from BT.


The duty is on the supplier, BT gave a guarantee on their website that no email would be lost when they changed from Yahoo to BT.

Spookieuk

I mean this is right there in the terms and conditions:

"Accessing the Services and your Information: You agree Yahoo provides you with the right to use the Services and access your account in accordance with this ATOS. If you breach the terms of the ATOS or cannot validate your account to Yahoo, you acknowledge and agree that your account may be permanently inaccessible to you and that all data associated with the account may not be retrievable. Yahoo does not guarantee that you will have permanent access to your data used with the Services, or that it will provide copies to you in the event data is deleted or lost. Yahoo encourages you to properly back up your data. Yahoo will not be liable for any loss or damage arising from your inability to access or retrieve information from the Services."

At best you're going to get an apology but I'm assuming you're on here because BT, the ADR team and OFCOM have all pointed to this clause so far.

glennstar

Spookieuk wrote: »

I mean this is right there in the terms and conditions:

"Accessing the Services and your Information: You agree Yahoo provides you with the right to use the Services and access your account in accordance with this ATOS. If you breach the terms of the ATOS or cannot validate your account to Yahoo, you acknowledge and agree that your account may be permanently inaccessible to you and that all data associated with the account may not be retrievable. Yahoo does not guarantee that you will have permanent access to your data used with the Services, or that it will provide copies to you in the event data is deleted or lost. Yahoo encourages you to properly back up your data. Yahoo will not be liable for any loss or damage arising from your inability to access or retrieve information from the Services."

At best you're going to get an apology but I'm assuming you're on here because BT, the ADR team and OFCOM have all pointed to this clause so far.

Spookieuk, I was going to quote exactly this.. although failed to do so as OP has not answer direct questions about exactly which service he was in receipt of and, consequently, it has not been possible to establish which of the terms we could specifically pick through to point out his complete lack of due diligence.

Furthermore, it's probably worth stating that his belligerent, antagonistic and, dare I say, generally obnoxious attitude to folks attempting to help him probably gives an insight into why he has made little or no progress with the official bodies in question.

Keep_pedalling

holdon wrote: »

In September 2013 BT decided that they would delete my 'in box' resulting in the loss of 9 years work, research and evidence.


The above was my opening statement, emails were lost prior to my departure from BT.


The duty is on the supplier, BT gave a guarantee on their website that no email would be lost when they changed from Yahoo to BT.

No one is going to give you an absolute guarantee of that unless you are paying for that sort of service level. You were foolish in the extreme for relying on BT to keep, what sounds like critical data, sitting on their mail servers. The fact that this was also on a consumer service would suggest they had no commercial value so there is no way you can obtain any financial compensation.

I hope you are now storing your mails locally and archiving to an external hard drive, or you may find this happening again.

holdon

You are making assumptions regarding the content of email and the value of the 'contact list'. The fact that BT committed a negligent act and refused to replace the emails back into my 'webmail' at a time they still had copies made matters worse.


"The fact that this was also on a consumer service would suggest they had no commercial value so there is no way you can obtain any financial compensation". You are making the assumption here that nobody uses the 'consumer service' to store anything of value, this is a far reaching statement, in my opinion, making such a far reaching statement based on assumption is a dangerous statement to make without evidence.


My contract was with BT.


The sale of goods and services act is intended to protect consumers from suppliers who have no regard to their obligation to use skill and care regardless of value of goods or service's under their 'custody'.

holdon

Will the contents of my mailbox be carried across to the new emaiI service?
Yes all your sent and received mail, and the contents of any other mail folders will be moved across
to the new BT Mail service.
We'll also move across most of your settings. However, there will be a small number of services or
settings that we cannot replicate or move across to the new email platform. We'll let you know what
to do about these nearer the time.
Will my Calendar entries be retained and carried across to the new email service?
Will my Contacts be retained and carried across to the new email service?
Will I be able to access my inbox the way I do now?
The above is a copy of the BT website regarding the safety of email.

Browntoa

http://www.productsandservices.bt.com/products/static/terms/


Unless the service terms say otherwise, we have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used the service or equipment we provide for business purposes

holdon

We also accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £1 million in any 12-month period for this loss or damage. (extract fro BT T&C)


The emails were lost as a direct result of 'negligence'.


BT changed 'DATA' on their 'call log' having supplied the OSC with false and misleading statements.


BT put programs on my computer that were not compatible with my operating system.


The OSC, in my opinion, are guilty of 'passing off' as they failed to comply with their own Terms of Reference.


All I require is evidence/information from somebody that has experienced the 'BT complaints procedure' and/or endured the 'maladministration' of the OSC. The 'customer service' from both BT and the OSC, in my opinion, are identical and clearly designed to support each other to the detriment of the complainant.


I have no wish to appear antagonistic or aggressive but when responders to this post have either not read the post and replies or not experienced the above it does get tiresome.

Anybody with similar experiences ? was the footnote to my post.

Keep_pedalling

holdon wrote: »

We also accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £1 million in any 12-month period for this loss or damage. (extract fro BT T&C)


The emails were lost as a direct result of 'negligence'.


All I require is evidence/information from somebody that has experienced the 'BT complaints procedure' and/or endured the 'maladministration' of the OSC. The 'customer service' from both BT and the OSC, in my opinion, are identical and clearly designed to support each other to the detriment of the complainant.

Emails are not physical property, so how is that relevant?

Yes there was negligence, someone thought backing up critical data was something they did not need to do.

The evidence you are looking for does not exist, you are compounding your loss by wasting goodness knows how much time in a hopeless cause, but if you really can't drop it take some paid for legal advise because you are unlikely to get any further here.

holdon

No more posts on this thread will be responded to unless they are relating to my enquiry.


Data is property hence the data protection act.