3 Data Protection Act ( DPA )

Mr_Skint_2

Hi Everybody

Iv'e just got of the phone to a very distraught friend who has a contract
with mobile company 3, First off she was in a relationship with a
chap who, well slapped her about abit.

So she split from him and had two handsets with 3, he had one she
the other, so she contacted 3 and cancelled his contract as she didnt want him contacting her (and both contracts were set up in her details)

So the ex phoned up 3 and complained that he couldnt use his mobile
so he had a argument with 3 and they re-activated the contract
and and the phone was usable again, and so were the telephone
numbers upon the phone so he started hassling her again.

And he doesnt even pay the bills, Oh and he also got 3 to
re-direct the itemised billing for both phones so he could
keep an eye on who his ex was calling.

Well she contacted 3 and found out the above had happened
and got everything back to how it should be i.e, Only one phone
with her paying the itemised bill that went to her address,
and she also put a security PIN on the account so he couldnt
repeat what he had done.

1 week later she phoned 3 as she wanted to get her phone repaired
as she had dropped it, 3 asked her for her details, and they said they
couldnt resolve the broken phone issue as her details didnt match
what was on the system nor did her PIN.

As it turns out the ex once again phoned 3 and they changed all
the contract details to his name, but the bills go to her.


This is all apparently settled now but she is waiting to see what happens
and is reporting 3 to the Information Commisioner.


3 do not care who has your details as I understand it then.

Mr_Skint_2

Ian_Griffiths wrote:

If they're his contracts, they're his contracts.

I personally would have stopped the payments and left 3 to contact him regarding monies owed for the remainder of the contract period.

She would then be able to set up a new contract and by the sounds of it, a new number.

It wasnt his contract in the first place, she stopped paying the
bills and his number and everything............ :rolleyes:

rogerramjet

hehe...had the same problem not with phones but banks and electric board.......other half went to pay a cheque into my Woolwich savings account which was in just my name, while there customer services tell about new deals and she leaves bank with her name on my account and me as the second account holder!!! No permission asked from me at all.

With regard to electric bill, the account was in my name but paided for from her account.....checked my back statement, debit from my account which I hadn't authorised...ask other half she says she rang them up and gave my details so it would come from my account.

Scary stuff this, especially as it could mean someone could find a passbook and change account details (looks like no questions asked if paying money in) or even get someones account details and get them paying you electric bill by ringing them and changing details!

jimmyjim_uk

3 are totally in the wrong. Can I suggest that your friend try complaining to 3s executive office. You can get their details by calling Otelo (website here) you will be given a contact person and address.

I had a major issue with 3 and wrote to the executive office, they have a 10 day reply policy, but when the executive office got involoved my problem was soon sorted and I was compensated.

Ringing the Indian call centre will only add frustration, speaking to Glasgow CS may help. Goto a 3 shop to speak to Glasgow CS as they have a direct number they can call for you.

Hope your friend gets is sorted soon.

kmhtkmhtkmht

It's threem they are REAL bad unless you contact their head office (Star House) they will then put you through to Glasgow where they actually care.

suniil

No wonder! One of my friend got a call from an Indian call centre on behalf of 3 network stating that, 3 is offering fantastic offers for ex-customers and they were trying to convince him with all his personal / bank details (Date of Birth / CC details).

He tried to contact 3 Network but no help, as he is not a current customer no further details available!!

xueta

Mr S,
Whilst I have every sympathy for your friend, I'm going to play devil's advocate here ... surely the person at fault here is your friend's ex rather than 3?

Surely your friend's ex has committed fraud by pretending he has a right to authorise changes to the account? No doubt he will have claimed that he had forgotten the PIN number and that it was just an oversight that his name was inadvertantly left off the statement. Having had access to previous statements he would have had detailed knowledge of numbers called and amounts paid on the account, thereby duping 3 staff into believing that he had a legitimate right to access the account.

Clearly there has been a lapse in security which has allowed this situation to arise, but can 3 be solely to blame? If 3 can show that they have taken reasonable precautions to prevent the unauthorised access of data then they will have met their obligations under the Data Protection Act. Staff are allowed some discretion when allowing changes to account details - otherwise what would happened if someone genuinely forgot their account PIN? Would they be locked out of their own account? No, there are procedures in place to allow this type of access and this activity is not in contravention of the Data Protection Act.

Clearly, a member of 3 staff has exercised a wrong judgement in this case, but can 3 be held responsible for every determined petty thief who commits fraud by trying to circumvent their security procedures? :think:

Mr_Skint_2

Ian_Griffiths wrote:

If you're clear on that then you're quite in the right, but my concern lay there - who signed the forms?

She signed the forms for both contracts in her name.

Mr_Skint_2

xueta wrote:

Mr S,
Whilst I have every sympathy for your friend, I'm going to play devil's advocate here ... surely the person at fault here is your friend's ex rather than 3?

Surely your friend's ex has committed fraud by pretending he has a right to authorise changes to the account? No doubt he will have claimed that he had forgotten the PIN number and that it was just an oversight that his name was inadvertantly left off the statement. Having had access to previous statements he would have had detailed knowledge of numbers called and amounts paid on the account, thereby duping 3 staff into believing that he had a legitimate right to access the account.

Clearly there has been a lapse in security which has allowed this situation to arise, but can 3 be solely to blame? If 3 can show that they have taken reasonable precautions to prevent the unauthorised access of data then they will have met their obligations under the Data Protection Act. Staff are allowed some discretion when allowing changes to account details - otherwise what would happened if someone genuinely forgot their account PIN? Would they be locked out of their own account? No, there are procedures in place to allow this type of access and this activity is not in contravention of the Data Protection Act.

Clearly, a member of 3 staff has exercised a wrong judgement in this case, but can 3 be held responsible for every determined petty thief who commits fraud by trying to circumvent their security procedures? :think:

3 didnt even try to coax any info out of him, As the contracts were in her name so a womans voice, he phoned so a mans voice, also the Mr and Mrs thing in the name title would give a clue.