Quote:
Originally Posted by Toto
And yet in your original post you said:
You are held responsible as the account holder, something you seem to want to ignore given the times you've been reminded of that here.
All the assumptions I am making is based on your original post, but correct me if I am wrong.
As I see it you were warned for an offensive email, with a threat of further action if you continued. Whethr that was right or wrong can be debated till the cows come home, and frankly I couldn't care less.
Someone, not you apparently,called VM, pretended to be you, said they were so-and-so and that the edited person can go "f... himself". Now OK I may be assuming wrongly that they also gave some clue as to who's account this voice was connected too, but it seems too much of a coincidence?
Apparently, some days later you found your services suspended, and after a contracted "discussion" with that team in VM you opened a piece of junk mail from Virgin explaining why you had been suspended, I bet in part was for the offensive voicemail. I am not sure from your post if it was for further abuse, or this mysterious impersinator telling VM staff to go forth etc.
Are those the correct chain of events, or have I completely fudged your O/P?
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Thats a fairly good summary except the quotes are from their letters to me.
I didnt leave a VM and they have specifically told me no name was left on the VM and they have refused/dont have the VM to play to me.
There is only one email in question here and on its own there is no way shape or form that it represents a genuine legal risk to Virgin no matter who sent it.
As it is not, as far as I can tell, addressed to an individual but a company email address and it does not include the name of an individual or a group of people - it is just a sentence - I dont see how any individual could say it was directed at them.
If it isnt addressed to and doesnt include the name of a person the only cause Virgin would have to have any interest in this is if an individual claimed it was addressed to them. in which case a quick read of it would show that it isnt addressed to anyone personally. If it isnt addressed to anyone personally then the only remotely possible legal angle would be that that organisation it was addressed to claimed it to be libelous/defamatory.
Since it effectively says "F off you Asshole" it isnt defamatory or libelous towards a comapny becasue it it isnt public and or "hurting" the company's reputation and ability to trade.
So on its own as a one off, it is really a non issue as far as the law is concerned and anyone proporting to be a professional in this area should know that.
In effect Virgin having "investigated" are either not aware of that becasue the person dealing wit hit is not suffiiciently knowledgeable of the law, or are aware of this and have deemed it appropriate to threaten me as the account holder becasue "sending offensive emails" is not allowed under the terms and conditions of your contract.
You cant "offend" a company becasue a company although a legal entity is not living so it is impossible to "offend" it. They should have said "emails containing offensive words to ..." which of course they wouldnt becasue there is no law I am aware of that specifically prevents emailing or sending "offensive" words it is only the effect of those words that the law is concerned with (AFAIK)
Since it isnt actually breaking any law (as above AFAIK) their interest in it can only be moralistic from the persepctive of - someone has deemed this offensive and reported it to us or its been picked up by us - and so we are going to enforce our T&Cs in a lazy way and go have a pop at our customers.
Whilst their original letter to me as the account holder does not say I personally sent the email, in subsequent letters they say
"If we receive any more offensive messages from you, or you abuse any other other parties via our services we will remove all services from you.
If you then switch services to another provider and continue to abuse that service we will arrange for those services to be suspended &/or disconnected"
---------- Post added at 22:09 ---------- Previous post was at 21:39 ----------
Quote:
Originally Posted by Haggis23
If i was using your computer and told you to **** off...wouldn't you kick me off the computer?
Same principle...
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I havent told anyone involved with this to F off.
Your point is however well made. It is precisely that apparant attitude of Virgin that is extremely annoying.
I am a customer not just "using their" service. I like every other of their customers is paying for a service not paying for a nanny or supposed to be "grateful" to Virgin becasue they have allowed me to pay for their services and they have made specific allegations against me.
Aside from some uneforceable terms in their contract and T&Cs for example the bits that say they can decide to terminate your services at any time and for any reason and they are not liable for any losses their customers might suffer as a result, they have no grounds for this.