Recently we got contacted by Trading Standards over an ex-client and were happy to provide all details requested, we complied with this request completely and told them that prior to their contact with us the client had phoned us and asked us to close his website and agreed that I could keep the website online but remove his details from it, I have now put a warning message at the top of every page and confirm that no email / contact details are on the website and the contact form enquiries goes to my company email account now. As they didnt pay for their website we do not have any bank account or other contact details for the business but will forward on any if he contacts us again. Here is the request in full:
REQUEST FOR INFORMATION UNDER SECTION 29(3) DATA PROTECTION ACT 1998
I am making enquiries that are concerned with:
(a) The prevention or detection of crime;
(b) The apprehension or prosecution of offenders;
n order to assist with these enquiries would you please provide the following information in relation t he website http://www.pavestone-patios.co.uk/ which you have designed and host:
1. The name and address of the persons or company who commissioned the site and any contact telephone numbers you might hold
2. Their method of payment for services and any subsequent bank accounts etc that you may hold
3. Whether you do the hosting any other websites on their behalf and their web addresses
4. Any other data which you may hold which would assist in locating the traders behind this website
The personal data that has been requested is required to assist with a criminal investigation being conducted by this office and failure to provide this information, will in my view, be likely to prejudice he investigation and/or any prosecution.
This investigation is of a confidential nature and it is therefore crucial that you do not disclose any information concerning our enquiries. Should you have any queries or wish to discuss the position further, then please do not hesitate to contact me.
I am contacting you in relation to a trader, for whom you have designed and arranged hosting of their website.
This department has received a complaint involving the taking of monies from a consumer in order to pay for ‘materials’ following an unsolicited visit by them Following payment of the monies the trader has not provided any cancellation rights, other contractual paperwork or returned to carry out the works. Consequently there are probable breaches of the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987, Consumer Protection from Unfair Trading Regulations 2008 (CPR’s) and Fraud Act 2006. I am therefore requesting the details of the persons/company behind the site and I enclose a Data Protection Act request for those details. I am empowered to request this information by the above legislation and failure to provide it could constitute obstruction under the above Act.
I would be grateful therefore if you could provide those details as soon as possible.
Also, on flyers distributed by the company, an address was provided and I note that, according to Whois, this is also the address provided for the registrant. This is an address of a mail forwarding and virtual office and the owners have stated that they are not aware of this company as a client, so it is believed that this address is being used fraudulantly. Having reviewed the web site it is also clear that the site is complying with the requirements of the Electronic Commerce Regulations in that a geographic address, and VAT number etc is provided. In light of this I would request that you give consideration to suspending this website forthwith.
I look forward to receiving your reply, however if you wish to discuss this further please contact me.
Its important to comply with trading standards to ensure corrupt and fraudulent behaviour is stopped.
