Advice Please: O2 shop 'lost' my mates sim card

[BuddyBoy]

EDIT: SD card, not sim card.

A bit of advice would be appreciated.

Friend of mine took her phone into an O2 shop because her sim card was stuck in her phone. She left the shop to take care of some other business, only to return to find out they'd 'lost' the SD card.

Their was hundreds of photos on there. Family, kids, everything. Does she have any chance of compensation, or perhaps there's a sound legal route she could take? My consumer law knowledge is poor, so sensible NSC advice would be great.

Ta in advance

 

[StonehamPark]

Do sim cards have enough storage to hold pictures?

 

[Colossal Squid]

SIM cards don't store photos.

Are you talking about the memory card?

 

[BuddyBoy]

SIM cards don't store photos.

Are you talking about the memory card?

SD card, sorry!

 

[happypig]

Firstly, have they admitted they lost it ?
Secondly, I would be amazed if they didn't have something in their terms and conditions limiting their liability in the event of just such a loss.

 

[Springal]

Personally I'd never leave my phone with a phone shop, for whatever reason.

 

[Goldstone1976]

Assuming we went in with a stuck SIM card and the SD card was "lost", as indeed you state in the OP, she probably does have a case for compensation since the shop needn't have touched the SD card slot to try to get the SIM card out. They will presumably deny that there was ever a SD card in the phone in the phone in the first place, so you'll be stuck with trying to prove that the SD card was present when she handed over the phone, which will be tricky. It would be a civil case probably (more on this later), so the standard of proof would be "on the balance of probabilities", i.e. 51:49 likely, not the higher, criminal, standard of "beyond reasonable doubt", which case law has for a long time said means that the jury need to be "sure" before convicting.

There is just a chance she could get the police involved (if she thinks the SD has been stolen), which, if they could be bothered to investigate, could lead to a criminal prosecution of the individual concerned.

Assuming a civil law approach, the final question becomes "what level of compensation"? Generally, Courts have said that such things as photographs are impossible to value, so the normal compensation would be a replacement blank SD card, always assuming the the shop will admit liability anyway (perhaps to keep a customer happy?).

I'd go into the shop, ask them to carry out a proper search for the original SD card and, if they don't find it, ask for a replacement card plus some financial compensation for the inconvenience and "mental anguish" caused by the loss of the photos. Using a legal term commonly used in civil cases (e.g. libel) such as "mental anguish" should prompt the shop to realise that they are dealing with someone who knows their way around civil law (assuming the shop manager is aware of such terminology, which they may well not be).

Hope that helps...hope too she persuades the shop to "find" the card...

 

[dougdeep]

If the photos have sentimental value surely no financial recompense can replace them. Also why didn't she download them onto something else?

 

[StonehamPark]

Firstly, have they admitted they lost it ?
Secondly, I would be amazed if they didn't have something in their terms and conditions limiting their liability in the event of just such a loss.

Unfortunately I reckon this is the case.

Captain Hindsight would have suggested you should have removed the SD card before handing the whole phone over, but that's not much help is it.

I doubt you could get any compensation, the best they may do is offer a replacement SD card but I know that's far from ideal.

I'd ask them to have a thorough search of the store and kick up a real fuss.

 

[BuddyBoy]

Firstly, have they admitted they lost it ?
Secondly, I would be amazed if they didn't have something in their terms and conditions limiting their liability in the event of just such a loss.

Yes, they've admitted they cannot find it. Hope the T&C doesn't imply that. I might have suggest she reads it over.

 

[BuddyBoy]

Assuming we went in with a stuck SIM card and the SD card was "lost", as indeed you state in the OP, she probably does have a case for compensation since the shop needn't have touched the SD card slot to try to get the SIM card out. They will presumably deny that there was ever a SD card in the phone in the phone in the first place, so you'll be stuck with trying to prove that the SD card was present when she handed over the phone, which will be tricky. It would be a civil case probably (more on this later), so the standard of proof would be "on the balance of probabilities", i.e. 51:49 likely, not the higher, criminal, standard of "beyond reasonable doubt", which case law has for a long time said means that the jury need to be "sure" before convicting.

There is just a chance she could get the police involved (if she thinks the SD has been stolen), which, if they could be bothered to investigate, could lead to a criminal prosecution of the individual concerned.

Assuming a civil law approach, the final question becomes "what level of compensation"? Generally, Courts have said that such things as photographs are impossible to value, so the normal compensation would be a replacement blank SD card, always assuming the the shop will admit liability anyway (perhaps to keep a customer happy?).

I'd go into the shop, ask them to carry out a proper search for the original SD card and, if they don't find it, ask for a replacement card plus some financial compensation for the inconvenience and "mental anguish" caused by the loss of the photos. Using a legal term commonly used in civil cases (e.g. libel) such as "mental anguish" should prompt the shop to realise that they are dealing with someone who knows their way around civil law (assuming the shop manager is aware of such terminology, which they may well not be).

Hope that helps...hope too she persuades the shop to "find" the card...

Wow - thanks a lot! This is incredibly helpful.

That's right, she went into the shop to sort out the sim, only to find out they'd gone and lost the SD card.

Thanks again, this gives us a few options

 

[Gazwag]

Isn't this was the cloud (or other) backup is for, no monetary value can replace a photo

 

[dougdeep]

Isn't this was the cloud (or other) backup is for, no monetary value can replace a photo

Isn't that what I said?

 

[BuddyBoy]

Isn't that what I said?

Yep - it's true. Unfortunately, not everyone is technology literate. Even with things we barley think about, like backing up photos.

 

[wehatepalace]

Were there any naked selfies on there ?

 

[Paul Reids Sock]

Were there any naked selfies on there ?

Thats what I originally assumed and thats why they had taken (potentially) it

I say this every time something crops up - If they have admitted that they have lost it, and there was no need for them to take it out then I would directly complain to the CEO. This is for no other reason than the fact they are more likely to do a proper search for it than if you just discuss it witht the shop manager. And, if you are going to get anything in the form of compensation then you are much more likely to get it from them.

In my experience of working for large corporations you can sometimes get up to double for complaining to the CEO than you would for an identical complaint to the normal customer services. Info is from www.ceoemail.com

O2
Mr Ronan Dunne Chief Executive

Email ronan.dunne@o2.com
Telephone 0113 272 2000
Website http://www.o2.com
Twitter @O2
Personal Twitter @ronandunneo2
Company Number 05310128

 

[BuddyBoy]

Thats what I originally assumed and thats why they had taken (potentially) it

I say this every time something crops up - If they have admitted that they have lost it, and there was no need for them to take it out then I would directly complain to the CEO. This is for no other reason than the fact they are more likely to do a proper search for it than if you just discuss it witht the shop manager. And, if you are going to get anything in the form of compensation then you are much more likely to get it from them.

In my experience of working for large corporations you can sometimes get up to double for complaining to the CEO than you would for an identical complaint to the normal customer services. Info is from www.ceoemail.com

O2
Mr Ronan Dunne Chief Executive

Email ronan.dunne@o2.com
Telephone 0113 272 2000
Website http://www.o2.com
Twitter @O2
Personal Twitter @ronandunneo2
Company Number 05310128

Awesome - thanks a lot. Straight to the jugular

 

[BuddyBoy]

Were there any naked selfies on there ?

I don't know, to be honest. But the original concern was the many, many pictures of children. Now I'm not suggesting the worst has occurred here, but it's obviously a cause for concern.

 

[Goldstone1976]

Ummm...with the current situation generally, I'd have thought the merest hint to old bill that someone may have nicked a SD card with photos of kids on it will definitely get their attention.

Plan of action?

1) go to shop and ask them to find it. If no luck, tell them that there's lots of photos of kids on it and given that you feel you should raise it to the CEO (name him) and the old Bill. That might help them look harder.

if still no luck...

2) write to CEO explaining 1 and asking him to intervene before going to old bill.

If still no luck (or reasonably substantial compensation offered - say a blank SD card plus £50+).

3) decide whether you really do want to go through the hassle of old bill. If you do, my bet is that they would then take it seriously "I need to report the loss/theft of an SD card in such and such a shop. I've tried to get them to find it, but, even after going to the CEO, they won't. The thing is it has lots of pictures of kids on it and I'm worried about the motivation of the person who took it" - that should do it.

If you are truly worried that someone may have nicked it for the photos of the kids (and not just to use that fact to help them look harder/offer more compensation), then you should go to old bill unless they find the original, irrespective of the compensation offered.

 

[Paul Reids Sock]

Ummm...with the current situation generally, I'd have thought the merest hint to old bill that someone may have nicked a SD card with photos of kids on it will definitely get their attention.

Plan of action?

1) go to shop and ask them to find it. If no luck, tell them that there's lots of photos of kids on it and given that you feel you should raise it to the CEO (name him) and the old Bill. That might help them look harder.

if still no luck...

2) write to CEO explaining 1 and asking him to intervene before going to old bill.

If still no luck (or reasonably substantial compensation offered - say a blank SD card plus £50+).

3) decide whether you really do want to go through the hassle of old bill. If you do, my bet is that they would then take it seriously "I need to report the loss/theft of an SD card in such and such a shop. I've tried to get them to find it, but, even after going to the CEO, they won't. The thing is it has lots of pictures of kids on it and I'm worried about the motivation of the person who took it" - that should do it.

If you are truly worried that someone may have nicked it for the photos of the kids (and not just to use that fact to help them look harder/offer more compensation), then you should go to old bill unless they find the original, irrespective of the compensation offered.

I would say that this would be the perfect plan of action