Plusnet will give your personal details to ACS Law with not informing you!!

[#1]

If you need more time to create a proper case and defence that means that you didn't even care about the case in the first place. If this incident hand't of happened, the court case on 4th oct would have gone silent under the radar to most PN users, but now this situation is out in the open you are *attempting to make an effort* i hope this is the future.

[#2]

Quote from: foxtrck

and NTL are actually virgin really.

Nop, Virgin Media is NTL Group Ltd.  The name Virgin Media is licensed to NTL Group Ltd from Sir Richard Charles Nicholas Branson.
[/off-topic]

[#3]

Quote from: fourfourdevon

Its thanks to Cheif Master Winegarten, and only thanks to him, that the list DL want hasn't already been handed over.

If anyone deserves a medal in this sorry affair, it's CMW, who does seem to have tried to persuade the ISPs to do the right thing, and seems quite happy to admit the limits of his knowledge of the quality of the evidence. He's made more efforts on users behalf than of the non-contesting ISPs, including obviously Plusnet.

[#4]

Quote from: Fletch

The hearing will be going ahead on Monday and we will be asking the court to adjourn to a later date to give the opportunity, and enough time, for the serious issues raised to be properly considered. Thanks F

Given that CMW has already reviewed the evidence and adjourned soley to allow the applicant time to respond to a letter of the public rasing concerns you ABSOLUTELY SHOULD NOT COUNT ON GETTING A FURTHER ADJOURNMENT (on a court order you stupidly pre-agreed, in writing, not to contest).
Did you even ask the court for a copy of the letter from the member of the public which is now part of the court file? If not, you won't even have any idea what the issues raised were, and how these might be of use to your case. CMW clearly thought them worthy of consideration.
You should expect the potential for any further adjournment to be very strongly argued against by the barrister for the applicant - Thomas Moody-Stuart. I am advised that the initial adjournment was only reluctantly agreed to. The nature of the order is such that there are time limitations - and they will not want to suffer any further delay. You won't get an adjourment soley on the basis of Plusnet's own incompetence and that fact that you are now facing a (well deserved) PR disaster.
You MUST arrive in court on Monday ready to argue the full facts of the case there and then. I told you this days ago.
If this order gets granted because you failed to prepare you will have NO excuses.

[#5]

Quote from: fourfourdevon

but I suspect he is sympathetic to the defense so will grant the adjournment.

I agree. It's only been a week since the data leak and i would hope that CMW would realise that much research needs to be done.
P.s, thank you for posting confirmation Fletch.

[#6]

Quote from: Fletch

I know many of you are keen to understand our position on Monday. The hearing will be going ahead on Monday and we will be asking the court to adjourn to a later date to give the opportunity, and enough time, for the serious issues raised to be properly considered. Thanks F

More time is needed my rear end, after i posted this (http://community.plus.net/forum/index.php/topic,83559.0.html) in February and davethir started this thread in May.
Are you serious?

[#7]

Thanks for the update Fletch,
But I really think you should be prepared for a fight should your request be denied.
So far your solicitors have not really shown very much professionalism and if they are not working on this full time over the weekend you may look bigger fools than you already do on Monday.
Do you want this thread to go away and this issue behind you? well time to start getting pro active and not sitting on butt.
Don't say we have not warned you again.
Maybe employ Andrew as I am sure he will know all the arguments to use

[#8]

Quote from: Fletch

I know many of you are keen to understand our position on Monday. The hearing will be going ahead on Monday and we will be asking the court to adjourn to a later date to give the opportunity, and enough time, for the serious issues raised to be properly considered. Thanks F

This seems like a bit of fluffy window dressing for the benefit of this thread.
What would have given me some confidence if the statement started off:-
I will be attending the court on Monday with our lawyers,  who are fully prepared, to robustly defend the rights of our customers and the business of Plusnet, Regards Fletch

[#9]

Quote from: Toolbox

Maybe employ Andrew as I am sure he will know all the arguments to use

And be in need a job with a secure income I don't doubt 

[#10]

I received a call this morning from plusnet saying that I would be offered through the site a virus checker and something about an identity protection system.
I said to the chap that I would be leaving plusnet, so although an identity protection service is rather essential at present I didnt think I'd be able to accept their offer.
However, I'd just like to ask if this is to be regarded as compensation for all past and present customers who's details were passed on unencrypted and in breach of the DPA, or is this some sort of sweetener for affected customers to try to make them stay and only valid for the lesser of 12 months or the duration of their connection to plusnet?

[#11]

I would have thought they should give you the VC and IP even if you are leaving, or indeed, have already left.

[#12]

I would phone them back and take the offer.
You are still at risk and could be for quite some time and as it was partly the fault of Plusnet they should still let you have the protection.
Maybe make some sort of statement that taking the offer does not form any part of a settlement and does not stop you from pursuing any future legal actions against Plusnet.

[#13]

Quote from: speechless

I received a call this morning from plusnet saying that I would be offered through the site a virus checker and something about an identity protection system. I said to the chap that I would be leaving plusnet, so although an identity protection service is rather essential at present I didnt think I'd be able to accept their offer. However, I'd just like to ask if this is to be regarded as compensation for all past and present customers who's details were passed on unencrypted and in breach of the DPA, or is this some sort of sweetener for affected customers to try to make them stay and only valid for the lesser of 12 months or the duration of their connection to plusnet?

The offer I think is open to all people effected, past or present customers of Plusnet.
As for "the compensation" and the DPA, I don't think it makes any difference, although with the ICO it may make them feel that Plusnet/BT have taken their part in it seriously and therefore *may* lessen any fine they *might* get.

[#14]

Quote from: speechless

I received a call this morning from plusnet saying that I would be offered through the site a virus checker and something about an identity protection system. I said to the chap that I would be leaving plusnet, so although an identity protection service is rather essential at present I didnt think I'd be able to accept their offer. However, I'd just like to ask if this is to be regarded as compensation for all past and present customers who's details were passed on unencrypted and in breach of the DPA, or is this some sort of sweetener for affected customers to try to make them stay and only valid for the lesser of 12 months or the duration of their connection to plusnet?

I haven't had a call yet, but I did have a ticket telling me about the anti virus. I have exactly the same viewpoint as you, I am extremely angry at the lack of competence by Plusnet and this protection service is simply a sweetener for those affected. They know only too well they have made an extreme blunder and are simply trying to sweeten up those directly affected from causing them any trouble.
It is a shame though that most people on the list that are affected will probably not know that they have rights and can take action against plusnet and others who caused this situation, indeed I am already seeking legal advice. Although if everybody that was affected took some form of action against them Plusnet would have a serious problem on their hands, because they really have acted unlawfully.

[#15]

What's the reasoning behind offering a virus checker?
Unless ACS:Law are thought to have uploaded some malware.