In reply to a post by pcoventry76:

In reply to a post by ukwiz:

This is why I am in the habit of recording any calls that I make to CS departments. A softphone and voip are very useful!

I hope you inform each time - otherwise you might as well not bother as you can't refer to any of it legally.

You are absolutely right!!
However, it makes me chuckle.. Next time I call them, I will start the conversation saying "This call may be recorded for further legal action.."

I generally do inform them.

In reply to a post by pcoventry76:

I hope you inform each time - otherwise you might as well not bother as you can't refer to any of it legally.

It doesn't matter about using it in court if the issue never gets to court.

If the mere act of recording it, and later playing it back to a Virgin superviser (or even just threatening to) is enough to get them to change position, then job done.

1- They are based in Manila, Philippines.. Therefore they store and process UK personal data outside of EU. This is in contrast with the Data Protection Act 1998.

Sorry what?

In what way does the Data Protection act bar a company from processing data anywhere?

Virgin Media's DP registration clearly states "Worldwide" as where they process stuff.

Principle #8

http://www.ico.org.uk/for_organisations/data_protect...
"Personal data shall not be transferred to a country or territory outside the EEA unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data."

You might think that Philippines is a territory that ensures an adequate level of protection... but that is not the case...

Which countries have an adequate level of protection?
The European Commission has decided that certain countries have an adequate level of protection for personal data. Currently, the following countries are considered as having adequate protection.

Andorra
Argentina
Canada
Faroe Islands
Guernsey
Isle of Man
Israel
Jersey
New Zealand
Switzerland
Uruguay

And please have a look at this..
http://ec.europa.eu/justice/data-protection/document...

as far as I'm concerned they can process data "worldwide".. they are a global company and they surely have customer all around the world..

But they cannot process UK data "worldwide" only because they wrote a nice statement on their website..

Hope this helps..

what was the minimum term of the original contract ?

I like your thinking Fradalo but your logic is flawed I think. The policy you refer to is around the "transfer" of data from one country to another... no data is technically "transferred" here as the staff working in Manilla/Bangalore or wherever else are working on a secured connection on the same databases that UK staff are using, there would be no more of a risk to data than having someone on the Isle of Mann access your records. Worth noting that Virgin Media is not by far the biggest fish in the Philippines with many companies identifying the cost benefits of using offshore call centre's. IBM virtually pioneered this and have offered outsourcing services from India for years... yet India don't appear on your list.

Also worth while pointing out that the legislation you refer to states that the countries identified are merely done so as no "additional measures" are required to transfer data, it does not stipulate that data cannot be transferred to another country without other security measures in place...

"The effect of such a decision is that personal data can flow from the 27 EU countries and three EEA member countries (Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary ."

To go to your original point though... if your terms and conditions state that you could exit a contract period without penalty, or you have something in writing from the sales agent you spoke with... then its basically hearsay. How many times do you think the staff in disconnections for any Telecomm's firm have heard the line "I was told that my contract wouldnt need to be honoured if I move house/country etc etc". Your argument is nothing new and is the reason why T&C's exist. I do feel your frustration but taking anything for granted these days leads to these situations that you have no legal recourse against. If you do take further action then please keep us posted but I can tell you the outcome already and what Ofcom's response on the matter would be.

Hope this helps.