Please help to get a court order-non party

Xchang

Hi all,

I am posting this to get help and great advice with regard to a court order to obtain evidences as Fraud happened to my phone account.

Police team is investigating the case . They arrested a Suspect too. The police team requested evidences to implicate suspect and put the matter before court .

When all these evidences such as Call Recordings and mail contacts which perpetrator allegedly had with the phone company were requested from the company , they told me to get a Court Order and submit so that they will produce all evidences requested.

So Please let me know the correct 'Application Form' to apply for getting a Court Order to make the phone company to produce necessary evidences they hold to me.

Should I apply for Norwich Pharmacal Order in this case ?

If so , please tell me can I apply myself ?

Which is the correct Court Form for this NPO order - N208 or N244 or any other ?

It would be a great help and I will be grateful for all who advise.

pmduk

Usually, the police have a liaison office within phone companies to easily acquire this information themselves. This ensures only officers with the correct need can acquire information.

Why are they asking you to gather their evidence? If your investigating officer cannot access the evidence he wants he needs to escalate it to the approporiate ranked officer.

Jon_01

I've never heard of the customer being asked to get this?

As pmduk says. every network has a liaison dept there just get get this kind of info for the police (no one else).
I'd double check, because I'd have thought you would have hit dpa issues even trying to such info from the network?

mobilejunkie

Sounds like the police fobbing you off. They don't bother investigating much nowadays unless there's some glory in it for them.

Xchang

Thank you very much for all who replied. I am now briefing some points for consideration with regard to Police action.

Its around 06 months since I reported this Fraud to police via action fraud . Then Police had statement from me to investigate. Upon my complaint they arrested suspect and interviewed and then released as Suspect denied Fraud. Police said told me no evidence to continue . I many more times told them by mails and phone calls to get the evidences from the Mobile company such as mails, calls to prove the case giving all the details of mobile company contacts .

But Police ddnt do instead they after months told me to get all these evidences myself and send to them to decide prosecution. You know when I sent mails or letters I ddnt even got a reply from Police who is handling my case. I dont know why .

And then I applied SAR to get all evidences from the mobile company. After a month , They sent me some Notes with some details But denied sending me the Calls recordings and some mails which they said as those calls were not made by me and it doesnt come under my personal datails so that they cant disclose to me. .

Mobile company informed me that '' We have located a number calls but we are currently unable to provide you with a copy of these due to the fact you were not the person making the call(s) in question. The information that you are seeking relates to a third party and although they were purporting to be you a copy of these calls does not constitute your personal data as defined by the Data Protection Act 1998.''

Further , they told me If Police requested Mobile company directly then they would produce to the police team . So I told Police to request the company and waited . I was struggling to contact the Police handling my case . May be he was busy or backlog of inquiries..!! I dont know. Unfortunately the Police contacted me nearly after 02 months , saying that the Mobile company's Police Disclosure Team has required a court order to produce all evidences to the police.

When I contact the mobile company inquiring about this court order they told me that '' We will not be able to supply the information without a court order, normally when the police request information from us it is completed using RIPA, Regulation of Investigatory Powers Act 2000, your case was discussed and did not fall into these criteria.As your case was classified as Interception this would be outside our remit to supply such information without a court order.''

Now I am really in a miserable situation. If I can do myself to get this court order I will . Because I find difficulties to hire a Solicitor as I am having very very low income . Please help..

pmduk

Then you need to get the police to use their RIPA powers to request this information.

I'm not a lawyer, But I don't believe RIPA enable citizens to obtain this information, it's an act regulating the powers of Authorities to investigate situations.

Jon_01

Xchang wrote: »

Mobile company informed me that '' We have located a number calls but we are currently unable to provide you with a copy of these due to the fact you were not the person making the call(s) in question. The information that you are seeking relates to a third party and although they were purporting to be you a copy of these calls does not constitute your personal data as defined by the Data Protection Act 1998.''

That's the issue you have. As far as I'm aware (and I worked for 10 years as a fraud investigator with one of the networks), there are only two ways to get that information.

It's part of a police investigation and is requested by the police.

It's part of an ongoing court case and the information has been requested by a lawyer with paperwork supplied by the court.

Trying to get a court order as a private individual will not over ride the DPA, the court wouldn't issue you with the order.

If the police won't move forward then, as far as I can see, your only recourse would be to take private legal action. But you'd need to take legal advice as to if that would have a chance of success...

If you have a law center near you, try them. They provide free legal advice.

JJ_Egan

As above you need legal advice .
But what is the cost of this fraud and is it worth pursuing .

Xchang

Thanks for all replies and advice. Its cost around £ 1300 / = . The foremost reason to pursue this case is that I need Justice including punishment for the Fraudster and compensation for me. Police asked my permission to publish this case in media too.

As I got some advice from a solicitor , I applied for this order using N244 - under CPR 31.12 , with relevant information which relate to the evidences hold by the mobile company. I dont know whether Judge will issue or not. I applied in the county court. As its sought before proceedings , no claim No is to put in the form. only name and address of Respondent ( mobile company )..

advice please ..

pmduk

Personally, I think you've received poor advice from your solicitor as I can't see an order being granted.

Are you sure your solicitor is qualified?

JJ_Egan

You need legal advice not advice from users of a forum who are not legal experts .