illegal phone calls

Hi

My telephone number has been on TPS for some years, and the registration is still current. I also have a contract that is not eligible for upgrade. Therefore I know when I get those annoying calls offering me an upgrade it's random dialling. Since I'm on the TPS, this is an offence under the Privacy and Electronic Communications (EC Directive) Regulations 2003 of which there has already been one case but this was for fax (Roberts Vs Media Logistics).

Since I'm being bombarded by up to 4 "would you like to upgrade your contract" calls per day, I've got hold of the documents used in the above case and will be filing to sue the latest offender, who seems to go under the name of "trg europe" and who also have the irritating habit of presenting a number that when you phone back you get a prerecorded message with no option of speaking to anyone. When I do eventually get through to someone, they don't return my calls. No matter, I have their registered address and unless they actually call and explain themselves then naturally I will sue to make an example of them and to stop this incredibly irritating practice. So they are only shooting themselves in the foot by pretending to ignore me. They've also been attempting to weasel out of it by saying that although I am on the TPS, I might not be registered for my data line and that's the number they are using. However, I don't have a data line number.

I'm just wondering if anyone has already successfully sued and if so could they share any tips on how to do it. If not, then again that would useful as I could use the info in the press release. The press will hopefully have a field day if this is the first.

I guess the main difference with a fax claim is that how do you actually prove they called you, given that the call log on the phone will get wiped. Is it easy enough for my mobile operator to produce this info and is it acceptable in court?

I am in fact interested in changing my phone, but since I'm not eligible for an upgrade I'm researching this myself.

thanks

--
Craig Cockburn ("coburn"). M.Sc., CITP, CEng
Owner, http://www.siliconglen.com/
Home to the first online guide to Scotland, founded 1994.
Scottish blog, FAQ, weddings, website design, stop spam and more!
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