Determinations

TDR Case Note T010906 (2015)

Background

The Customer’s complaint was that the Provider had been sending him spam emails and although they stopped when he requested cessation, they later started up again. He also received his monthly account by email and because of the spam this was now going directly to his spam folder.

Adjudicator’s decision

The Adjudicator considered a number of issues when reaching the determination. Firstly, a complaint regarding breach of privacy was found to be outside the jurisdiction of the TDR Scheme.

The Provider’s Terms and Conditions made no provision for receipt of spam emails. The Adjudicator noted the terms relating to the Provider’s complaints process and that the Customer had used that process.

In relation to the Customer’s complaint that the Provider’s bullying tactic’s during the negotiation phase of the complaint, the Adjudicator stated:

“…the process of making offers as a part of the conflict resolution process is a practice that is universally used. It is also usual practice to make the offer of settlement on a full and final settlement of the claim. Once the offer is rejected it is reasonable to remove that offer.”

The Adjudicator’s final decision was that the Customer had not provided evidence to support his complaint. Accordingly he had not proven that the Provider had breached any of the provisions of the Code, its terms and conditions or any other legal principal.

Final outcome

The complaint was dismissed.