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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Good morning.I found out last year that my former employer

Customer Question

Good morning. I found out last year that my former employer had accessed my personal mobile phone account on 115 different occasions from 1st June to 24th December 2013, when O2 moved my number to a new account to stop them having visibility. The Police obtained the information on an Order from the Court, but the CPS and ICO never prosecuted the case. I have since been subject to Harassment and Intimidation from my former Employer including two cases of criminal damage and threatening text messages which the Police are still investigating. However, I went to Court and managed to secure a temporary injunction to prevent him coming within a mile of my home or place of work. We returned to Court and he has given an undertaking to the Cuurt that expires on 31st May. In his Statement to the Court, he confirmed that the Company accessed my account as I was a customer of theirs (I was not, O2 have admitted to the ICO there was an error in the Revenue Share Code). But in his evidence, I can now see he actually had visibility to my call data records until I ported from O2 to EE on 1st July 2014. For my Civil Case, and to keep the Injunction firmly in place, I need to show the Court a course of Conduct that amounts to Harassment. The 115 breaches to my data don't seem to be influencing the Judge. I want to serve O2 with an order (is it a Production Order) to release to me the dates and email addresses of everyone that accessed my account on the Web Portal called 'My O2 Business', that O2 Centre of Excellence Partners have full visibility to the CDR's of every number on their base, and clearly some that are not. O2 are most unhelpful, trying I feel to protect the COE Partner. I am happy to apply to the Court for this information, and I know I have the necessary evidence the Court would require, but I have no idea what form I need to complete to pursue this further. Are you able to advise? The last time I spoke to a solicitor about obtaining an injunction, I was advised it would cost at least £10,000, and I really do not have that kind of money to spend on this. Also, if I am successful in obtaining the Court Order, do you know if the Police would be able to use the information in the criminal proceedings. I have asked the DC the question, but he is currently on rest days. Any help or advise would be much appreciated. xxxxxxx xxxxxx

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

No thank you.