Can Anybody Give Me Advise On This Please?

Q: I purchased 3 mobile phones from ebay in January. They were described as unlocked - unfortunately, they weren't, and I had to pay £20 per phone to Orange for unlocking codes. Unlocking was successful. within weeks, 2 of the phones were locked and couldn't be used. I telephoned Orange, who informed me that the owner had reported them lost/stolen. I told them I had purchased them from their client - they then stopped his account, and I went to the Police. They started an investigation through their Fraud Dept, asking Orange if the phones had been reported lost/ stolen. They received a letter back from them stating that they hadn't been reported lost/stolen. I telephoned Orange, yet again, and asked them why the Police had received the untrue letter. I was told that they couldn't understand why the Police had received that letter, because the phones had been blacklisted, and the only reason for that is when a phone has been reported lost/stolen. I informed the Police of this information, who advised me to send Orange a letter of complaint, which I did. A member of Orange's correspondence team rung me to confirm he was going to arrange to send me a letter that the phones had been reported lost/stolen, and advised me to show it to the Police. At last, i was getting the evidence I needed in order for the Police to prosecute the vendor of these phones. About 10 minutes after the phone call from Orange, the same man rung me back saying he'd just been told that he couldn't provide me with the letter I required becasue of the "Data Protection Act". I asked how could they protect a man who had committed a crime, but i just wasn't getting anywhere with them . I also said that the letter Orange had sent to the Police, was a lie, Orange agreed. I told him that I knew the name of the seller of the phones, his address, and work address, etc. that I just needed that letter to confirm that the phones had been reported lost/stolen. So now, I have been ripped off, £600 out of pocket, with phones that I cannot use. I told Orange that I am going to tell all my friends to go get a phone off Orange on contract for 12 months, then sell it on ebay, and report it lost/ stolen, because Orange don't do anything about it, they protect you. Where do I stand in all this/ There is a loophole in the system - even the Police cannot get the information. This is totally wrong, and he the seller cannot be allowed to get away with this. How can he be protected by the Data Protection Act when he committed a crime of Fraud? Ebay told me to report him to the Police and cannot do anymore for me. Paypal said the same, and my credit card company cannot do anything for me. Can anybody give me advise on this please?

A: -Report the matter to eBay, Paypal and your credit card company in writing. Go back to the Police and ask to make a formal complaint. The Police can get the information from eBay though they may need to get a court order. Don't be put off by the bull from anybody. You may try asking for the money back from your credit card which should concentrate their minds. Don't expect any of it to be easy but keep trying. -The crucila thing is to do it in WRITIUNG and send it by Recorded Delivery if possible to the Chief Executive. Of course it won't reach him but it should mean notice gets taken. Give them strict deadline of 14 days for reply and kick up more noise if they don't meet it. I shall report the matter as you -Orange's hiding behind the DPA is shocking. I recently tried to open a new account with them, but they said I failed their credit checking, and they told me to check with Experian and Equifax. As expected, my credit record is flawless, very healthy in terms of the credit I have extended to me through credit cards etc although I don't owe any of them anything. On calling Orange to ask why they were claiming I had an unsuitable credit record despite it actually being flawless, they just kept saying they couldn't discuss my application due to the data protection act. Even though I explained that this act was designed to protect me but this was me trying to

discuss me with them, they wouldn't budge, it was just "can't talk - DPA" stonewall. Bizarre company - stay well away. -DPA is used as an excuse by many companies not to discuss things. I remember a couple of years ago attending a meeting with representatives of a number of banks and other organisations and representatives from the office of the Data Protection Registrar. You could hear the jaws hitting the ground when they DPR's people said that they would be quite happy for the banks to discuss people's cases without written consent in many circumstances and that they did not understand the reasons behind the DPA being quoted in inappropriate circumstances.