[Mr Angry]

FIRST DRAFT:

Hold fire until I'm happy this is watertight.



Dear sir/madam,

Re: Customer Acc No. - Broadband Traffic Management - DPA Subject Access Request.

I am a Virgin Media customer currently using your XXMB Broadband service. It would appear that on XX/XX/07 between the hours of XX & XX that my broadband connection appears to have been “traffic managed” in line with your Terms and Conditions of service as amended May 2007.

I very much doubt that I exceeded the AUP limitations within any 24 hour period covering this incident and I attach hereto copies of comparable speedtests run from individual independent sources and a breakdown of my actual usage as per your recommended client “DU Meter” which further substantiate my assertion.

Obviously I appreciate that there is room for a margin of error from online tests / monitors such as these so, in the interests of accuracy and factual documentation, I formally request under the terms of the Data Protection Act that you supply to me all information you hold pertaining to the aforementioned account - specifically with regard to my broadband usage.

It is my understanding that my account with you, which is run on a credit basis, is currently in good standing. With that in mind, and not wishing to unduly increase your payment processing overheads, I hereby grant you my full permission to debit the account in the sum of £10.00 – that being the maximum statutory fee payable in respect of a Subject Access Request.

In the event that you are unwilling to debit my account and, for whatever reason, require payment by any other method then please advise me by return.

Take note that compliance with the Data Protection Act requires you to furnish me, the data subject, with the information I have requested within 40 days of my having made this request. Failure on your part to do so will result in my reporting the matter to the offices of the Information Commissioner.

For the avoidance of doubt, and in keeping with the terms of the Data Protection Act, please take note that all and any information which you provide to me by return must be presented in a clear, legible manner that I am able to understand.

Further I would ask that you take note that I am requesting this information be supplied to me under the exemptions afforded by clauses 35 (1) & (2) thereunder as I reserve my right to seek legal advice / take legal proceedings to seek redress in the event that you are in breach of our contract or that you have acted outside of the terms of your published Traffic Management policy.


Yours sincerely