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	<title>Tom&#039;s Thoughts &#187; Fail</title>
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	<link>http://compton.nu</link>
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		<title>LOVEFiLM and SMS Spam</title>
		<link>http://compton.nu/2012/01/lovefilm-and-sms-spam/</link>
		<comments>http://compton.nu/2012/01/lovefilm-and-sms-spam/#comments</comments>
		<pubDate>Sun, 01 Jan 2012 17:03:31 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=510</guid>
		<description><![CDATA[One thing that consistently annoys me is when seemingly reputable companies decide for some reason that the rules on unsolicited marketing communications, that is to say, in the United Kingdom, the snappily titled &#8220;Privacy and Electronic Communications (EC Directive) Regulations 2003&#8220;, don&#8217;t apply to them for some reason. The latest organisation to suddenly conclude it [...]]]></description>
			<content:encoded><![CDATA[<p>One thing that consistently annoys me is when seemingly reputable companies decide for some reason that the rules on unsolicited marketing communications, that is to say, in the United Kingdom, the snappily titled &#8220;<a href="http://www.legislation.gov.uk/uksi/2003/2426/made" target="_blank">Privacy and Electronic Communications (EC Directive) Regulations 2003</a>&#8220;, don&#8217;t apply to them for some reason.</p>
<p>The latest organisation to suddenly conclude it has the right to send me such unwanted communications is <a href="http://www.locefile.com/" target="_blank">LOVEFiLM</a> which has recently decided it should send me regular SMS messages full of some banal nonsense.</p>
<p>The first such message I received was two weeks ago, on 18th December 2011, and when I then checked my account settings on LOVEFiLM I was surprised to find that all the various &#8220;LOVEFiLM Marketing&#8221; preferences where unchecked apart from one labelled &#8220;by SMS&#8221; which I am quite sure I would never have checked, and certainly not while I was refusing much less annoying things like email marketing.</p>
<p>I immediately unchecked the box and then expressed my annoyance on twitter:</p>
<blockquote class="twitter-tweet" width="500"><p>Wondering if &#8220;please SMS spam me&#8221; box on @<a href="https://twitter.com/LOVEFiLM">LOVEFiLM</a> preferences is new as mine is set and I wouldn&#8217;t have done that voluntarily&#8230;</p>
<p>&mdash; Tom Hughes (@thughes) <a href="https://twitter.com/thughes/status/148434160636268544" data-datetime="2011-12-18T16:07:16+00:00">December 18, 2011</a></p></blockquote>
<p><script src="//platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>Needless to say my tweet was not one that the <a href="https://twitter.com/#%21/LOVEFiLM" target="_blank">@LOVEFiLM</a> account chose to respond to&#8230;</p>
<p>I assumed however that, having unchecked the box allowing SMS marketing, that would an end to it. It appears that I couldn&#8217;t have been more wrong however as today, two weeks later, another spam SMS was received from them. So twitter has one again been deployed:</p>
<blockquote class="twitter-tweet" width="500"><p>So @<a href="https://twitter.com/LOVEFiLM">LOVEFiLM</a> can you explain why you are still sending me SMS spam two weeks after I turned off the SMS marketing flag on my account?</p>
<p>&mdash; Tom Hughes (@thughes) <a href="https://twitter.com/thughes/status/153507024645259265" data-datetime="2012-01-01T16:05:01+00:00">January 1, 2012</a></p></blockquote>
<p><script src="//platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>In addition to which I have contacted them directly via their web site to let them know what I think:</p>
<blockquote><p>Two weeks ago, on Sunday 18th December, I was somewhat surprised to received a marketing text message from you. I was surprised because I had never knowingly agreed to receive such messages and I would normally refuse any such invitation as a matter of routine.</p>
<p>I was even more surprised when I checked my account details on your website and found that all the marketing permission boxes were unchecked except the SMS one. I don&#8217;t believe I would ever have chosen those settings, so I wonder if you added that option and defaulted it to on without requesting my permission?</p>
<p>In any case I unchecked that box on Sunday 18th December.</p>
<p>Perhaps you can therefore explain why, two weeks later, I have just received another unwanted spam SMS from you in defiance of my clearly stated preferences, and hence illegally, being in breach of the Privacy and Electronic Communications (EC Directive) Regulations 2003.</p>
<p>PLEASE CEASE AND DESIST WITH THIS BEHAVIOUR IMMEDIATELY.</p>
<p>For the avoidance of all doubt please take this message as notice pursuant to regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 that you are not to send me unsolicited SMS messages again.</p>
<p>Any repeat will be reported to the Information Commissioner&#8217;s office for possible enforcement action with no further notice to yourselves.</p></blockquote>
<p>Now I will sit back and see if I have managed to get their attention this time and if they are willing to learn that this sort of behaviour is completely unacceptable.</p>
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		<item>
		<title>Yes, I Would Like a Refund</title>
		<link>http://compton.nu/2011/08/yes-i-would-like-a-refund/</link>
		<comments>http://compton.nu/2011/08/yes-i-would-like-a-refund/#comments</comments>
		<pubDate>Tue, 09 Aug 2011 20:55:59 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=499</guid>
		<description><![CDATA[So I recently cancelled one of my credit cards &#8211; it was an AMEX card with an annual fee that I had only ever intended to hold for one year to get the signup bonuses, and once the fee for the second year came due I cancelled it. Today I got the final statement which, [...]]]></description>
			<content:encoded><![CDATA[<p>So I recently cancelled one of my credit cards &#8211; it was an <a title="American Express" href="http://www.americanexpress.com/">AMEX</a> card with an annual fee that I had only ever intended to hold for one year to get the signup bonuses, and once the fee for the second year came due I cancelled it.</p>
<p>Today I got the final statement which, because of the refund of the fee for the second year, showed a credit balance. Rather than enclosing a cheque for the balance though, or indicating that they had repaid it to the account that I had been using to pay the card bills, the statement had this curious message:</p>
<p><img class="aligncenter size-full wp-image-500" title="refund" src="http://compton.nu/wp-content/uploads/2011/08/refund.png" alt="Your account is cancelled and has a credit balance. Please call us if you would like a refund." width="521" height="33" /></p>
<p>What I want to know is, how many people exactly don&#8217;t want a refund, and would instead prefer to hand their credit balance over to American Express?!?</p>
<p>Of course their secure messaging system insists on me selecting a card before I can send a message, and won&#8217;t let me select a cancelled card, so sending them a message to ask for my refund turned into a bit of a palaver as well&#8230;</p>
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		<item>
		<title>Important Information</title>
		<link>http://compton.nu/2011/07/important-information/</link>
		<comments>http://compton.nu/2011/07/important-information/#comments</comments>
		<pubDate>Mon, 25 Jul 2011 16:51:21 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=491</guid>
		<description><![CDATA[Apparently my bank had some important information to share with me. I know this because they put an extra page in with my statement headed &#8220;Important Information for you&#8221; which I reproduce here: I wonder how many million of those they&#8217;ve just sent out&#8230;]]></description>
			<content:encoded><![CDATA[<p>Apparently my bank had some important information to share with me. I know this because they put an extra page in with my statement headed &#8220;Important Information for you&#8221; which I reproduce here:</p>
<div id="attachment_492" class="wp-caption aligncenter" style="width: 512px"><img class="size-full wp-image-492 " title="Important Information" src="http://compton.nu/wp-content/uploads/2011/07/lloyds.png" alt="" width="502" height="699" /><p class="wp-caption-text">Lloyds TSB had some Important Information to share with me...</p></div>
<p>I wonder how many million of those they&#8217;ve just sent out&#8230;</p>
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		<item>
		<title>Rails Warning Fail</title>
		<link>http://compton.nu/2011/03/rails-warning-fail/</link>
		<comments>http://compton.nu/2011/03/rails-warning-fail/#comments</comments>
		<pubDate>Tue, 15 Mar 2011 19:09:04 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>
		<category><![CDATA[Rails]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=476</guid>
		<description><![CDATA[Recent versions of rails 3 have started spitting out a new deprecation warning: String-based interpolation of association conditions is deprecated. Please use a proc instead. So, for example, has_many :older_friends, :conditions =&#62; &#8216;age &#62; #{age}&#8217; should be changed to has_many :older_friends, :conditions =&#62; proc { &#8220;age &#62; #{age}&#8221; }. Now call me confused if you [...]]]></description>
			<content:encoded><![CDATA[<p>Recent versions of rails 3 have started spitting out a new deprecation warning:</p>
<blockquote><p>String-based interpolation of association conditions is deprecated. Please use a proc instead. So, for example, has_many :older_friends, :conditions =&gt; &#8216;age &gt; #{age}&#8217; should be changed to has_many :older_friends, :conditions =&gt; proc { &#8220;age &gt; #{age}&#8221; }.</p></blockquote>
<p>Now call me confused if you like, but isn&#8217;t the suggested replacement still doing just as much string interpolation as the original?</p>
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		<title>I think Quidco have a bug</title>
		<link>http://compton.nu/2010/06/i-think-quidco-have-a-bug/</link>
		<comments>http://compton.nu/2010/06/i-think-quidco-have-a-bug/#comments</comments>
		<pubDate>Wed, 30 Jun 2010 11:13:23 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=404</guid>
		<description><![CDATA[I think Quidco have a bit of a mail merge bug. I just received the following email: I wonder how many of those they&#8217;ve just sent out&#8230;]]></description>
			<content:encoded><![CDATA[<p>I think Quidco have a bit of a mail merge bug. I just received the following email:</p>
<div id="attachment_406" class="wp-caption aligncenter" style="width: 497px"><a href="http://compton.nu/wp-content/uploads/2010/06/quidco.png"><img class="size-full wp-image-406" title="quidco" src="http://compton.nu/wp-content/uploads/2010/06/quidco.png" alt="quidco" width="487" height="206" /></a><p class="wp-caption-text">Somehow I don&#39;t think that&#39;s what they meant to say...</p></div>
<p style="text-align: left;">I wonder how many of those they&#8217;ve just sent out&#8230;</p>
]]></content:encoded>
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		<slash:comments>3</slash:comments>
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		<title>BT Want to Borrow £8.97</title>
		<link>http://compton.nu/2010/05/bt-want-to-borrow-8-97/</link>
		<comments>http://compton.nu/2010/05/bt-want-to-borrow-8-97/#comments</comments>
		<pubDate>Sun, 23 May 2010 23:45:53 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[BT]]></category>
		<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=359</guid>
		<description><![CDATA[In a strange twist in my ongoing battles with BT it seems that they have decided they would like to borrow £8.97 from me for the next three months. The situation is that a year ago I changed my package and the new package includes a discount of £2.99 a month if you agree to [...]]]></description>
			<content:encoded><![CDATA[<p>In a strange twist in my ongoing battles with <a href="http://www.bt.com/">BT</a> it seems that they have decided they would like to borrow £8.97 from me for the next three months.</p>
<p>The situation is that a year ago I changed my package and the new package includes a discount of £2.99 a month if you agree to be bound by a rolling one year contract. To date everything has been fine and they have deducted the discount from each quarterly bill.</p>
<p>In April they wrote to say that the first year was nearly up and that if I didn&#8217;t contact them they would assume I wanted to continue for a further year.  I was happy to continue so did nothing.</p>
<p>I was slightly surprised therefore when the latest bill showed no discount beyond 21st May when the first year ended. So I contacted them to ask what going on, and this is what I was told in response.</p>
<blockquote><p>I can confirm that the reason the discount has not been applied to your recent bill is because BT wanted to make sure that you where happy to keep the service, therefore this will all be rectified on your next bill in August 19th 2010 and on this bill you will be able to see the adjustments, which will cover the billing period for the 20th May 2010 also.</p></blockquote>
<p>So basically they are saying that they&#8217;re going to take bill me the full price now then refund me on the next bill &#8211; essentially they want to borrow £8.97 from me for the next three months so they can earn the interest on it instead of me.</p>
<p>The bit about wanting to make sure I was happy to continue is, of course, complete nonsense. As soon as I allowed it roll over into the second year I was contractually bound to continue with it for that year and I&#8217;m sure they would have been very quick to bill me for the rest of the year if I had tried to cancel.</p>
<p>I guess maybe I should consider what interest rate I should apply to my loan to them&#8230;</p>
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		<item>
		<title>User Generated Negativity</title>
		<link>http://compton.nu/2010/05/user-generated-negativity/</link>
		<comments>http://compton.nu/2010/05/user-generated-negativity/#comments</comments>
		<pubDate>Fri, 21 May 2010 09:33:07 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[BT]]></category>
		<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=349</guid>
		<description><![CDATA[I was trying to use BT&#8216;s web site to contact them about an issue with my bill and the first page of the contact section includes a little box called &#8220;From the forums&#8221; which shows recent discussion topics. The titles of those are, of course, chosen by the users that start them which in this [...]]]></description>
			<content:encoded><![CDATA[<p>I was trying to use <a href="http://www.bt.com/">BT</a>&#8216;s web site to contact them about an issue with my bill and the first page of the contact section includes a little box called &#8220;From the forums&#8221; which shows recent discussion topics. The titles of those are, of course, chosen by the users that start them which in this case probably didn&#8217;t produce the kind of impression BT would like to be giving:</p>
<div id="attachment_350" class="wp-caption aligncenter" style="width: 604px"><a href="http://compton.nu/wp-content/uploads/2010/05/from-the-forums.png"><img class="size-full wp-image-350 " title="from-the-forums" src="http://compton.nu/wp-content/uploads/2010/05/from-the-forums.png" alt="Possibly not the impression BT would want to give" width="594" height="435" /></a><p class="wp-caption-text">Possibly not the impression BT would want to give</p></div>
<p>Yes, that&#8217;s right, the first discussion listed is titled &#8220;Am I really Unlucky or is BT Customer Services really this abysmal?&#8221;. From my experience I&#8217;d say the answer is yes, it really is that abysmal&#8230;</p>
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		<title>How not to credit OpenStreetMap</title>
		<link>http://compton.nu/2010/05/how-not-to-credit-openstreetmap/</link>
		<comments>http://compton.nu/2010/05/how-not-to-credit-openstreetmap/#comments</comments>
		<pubDate>Thu, 13 May 2010 00:02:04 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[Fail]]></category>
		<category><![CDATA[Geo]]></category>
		<category><![CDATA[OpenStreetMap]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=323</guid>
		<description><![CDATA[I recently received my copy of The London Cycling Guide by Tom Bogdanowicz, which I bought both because I was interested in the routes it shows and because it uses OpenStreetMap maps throughout. As an example, here&#8217;s a part of one of the maps, showing the Isle of Dogs: By way of comparison, here&#8217;s how [...]]]></description>
			<content:encoded><![CDATA[<p>I recently received my copy of <a href="http://www.newhollandpublishers.com/details.asp?pid=9781847735461">The London Cycling Guide</a> by Tom Bogdanowicz, which I bought both because I was interested in the routes it shows and because it uses <a href="http://www.openstreetmap.org/">OpenStreetMap</a> maps throughout. As an example, here&#8217;s a part of one of the maps, showing the Isle of Dogs:</p>
<p style="text-align: center;">
<div id="attachment_324" class="wp-caption aligncenter" style="width: 396px"><a href="http://compton.nu/wp-content/uploads/2010/05/lcg-book.png"><img class="size-full wp-image-324 " title="lcg-book" src="http://compton.nu/wp-content/uploads/2010/05/lcg-book.png" alt="The Isle of Dogs from The London Cycling Guide" width="386" height="383" /></a><p class="wp-caption-text">The Isle of Dogs from The London Cycling Guide</p></div>
<p><span id="more-323"></span>By way of comparison, here&#8217;s how the same area looks in OpenStreetMap at the moment:</p>
<p style="text-align: left;">
<div id="attachment_325" class="wp-caption aligncenter" style="width: 396px"><a href="http://compton.nu/wp-content/uploads/2010/05/lcg-osm.png"><img class="size-full wp-image-325 " title="lcg-osm" src="http://compton.nu/wp-content/uploads/2010/05/lcg-osm.png" alt="The Isle of Dogs from OpenStreetMap" width="386" height="367" /></a><p class="wp-caption-text">The Isle of Dogs from OpenStreetMap</p></div>
<p style="text-align: left;">Obviously the maps in the book have had extra information added, and some things like stations changed a little, but the base map is clearly both OpenStreetMap data and OpenStreetMap cartography.</p>
<p style="text-align: left;">Naturally enough the first thing I did was to turn to the acknowledgements to see what nice things they would have to say about the project, and indeed we do get a mention, though more in passing than anything. What it says is:</p>
<blockquote>
<p style="text-align: left;">All other maps by Steve Dew using base maps by Openstreetmap</p>
</blockquote>
<p style="text-align: left;">More alarming however was what I found at the front of the book, among all the other copyright statements, where it has the following line:</p>
<blockquote>
<p style="text-align: left;">Copyright © 2010 in maps New Holland Publishers (UK) Ltd</p>
</blockquote>
<p style="text-align: left;">Whilst it is probably true that there is some copyright (in the additional work done on top of the base map) which vests with them, there is also clearly a substantial amount of work whose copyright lies with members of the OpenStreetMap project.</p>
<p style="text-align: left;">As far as I can tell nowhere does it indicate that the maps carry a <a href="http://creativecommons.org/licenses/by-sa/2.0/">CC-BY-SA</a> license, which they must do, by virtue of being derived from OpenStreetMap maps which carry that license.</p>
<p style="text-align: left;">Don&#8217;t get me wrong, I love that people are using our work (and my own work even &#8211; some of the area shown above was surveyed by me) in this way &#8211; that&#8217;s the whole point after all. I just wish they would spend five minutes to properly credit us and to point people at the license, both of which the license actually requires them to do.</p>
<p style="text-align: left;">For the record, the first map in this post is © OpenStreetMap and contributors and New Holland Publishers (UK) Ltd and the second is © OpenStreetMap and contributors. Both are licensed under <a href="http://creativecommons.org/licenses/by-sa/2.0/">CC-BY-SA</a>.</p>
<p style="text-align: left;">
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		<title>Closed With My Agreement?</title>
		<link>http://compton.nu/2010/04/closed-with-my-agreemen/</link>
		<comments>http://compton.nu/2010/04/closed-with-my-agreemen/#comments</comments>
		<pubDate>Mon, 26 Apr 2010 13:54:25 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[BT]]></category>
		<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=313</guid>
		<description><![CDATA[I think the following quotes from my email exchange with BT speaks for itself. First my email to BT last Thursday: Whilst this clearly addresses the question of how the second call came to be made after I had been placed on the opt out list, and I am quite happy to accept that explanation, [...]]]></description>
			<content:encoded><![CDATA[<p>I think the following quotes from my email exchange with BT speaks for itself. First my email to BT last Thursday:</p>
<blockquote><p>Whilst this clearly addresses the question of how the second call came to be made after I had been placed on the opt out list, and I am quite happy to accept that explanation, it appears to say nothing about how the first (or indeed the second) call came to be made when my number was registered with the Telephone Preference Service.</p>
<p>Equally it says nothing about why the Complaints Management team were failing to manage my complaint by not replying to my earlier letters.</p></blockquote>
<p>and in reply from BT I get this:</p>
<blockquote><p>Following your email, I am now pleased to confirm your complaint has been closed as fully resolved with your agreement.</p></blockquote>
<p>Strangely enough I don&#8217;t remember agreeing to any such thing. I guess I was wrong when <a href="http://compton.nu/2010/04/fix-everything-three-ways/">I said I was getting somewhere</a> with them&#8230;</p>
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		<title>BT: The Unstoppable Phone Spam Machine</title>
		<link>http://compton.nu/2010/02/bt-the-unstoppable-phone-spam-machine/</link>
		<comments>http://compton.nu/2010/02/bt-the-unstoppable-phone-spam-machine/#comments</comments>
		<pubDate>Mon, 08 Feb 2010 16:25:20 +0000</pubDate>
		<dc:creator>Tom</dc:creator>
				<category><![CDATA[BT]]></category>
		<category><![CDATA[Fail]]></category>

		<guid isPermaLink="false">http://compton.nu/?p=231</guid>
		<description><![CDATA[After my last run in with BT when they called me (in breach of the regulations on unsolicited marketing calls) to offer me a Visa Card I filed a complaint with the Telephone Preference Service. I few weeks later I got a letter from BT Complaints Managment saying that my complaint had been passed on [...]]]></description>
			<content:encoded><![CDATA[<p>After my <a href="http://compton.nu/2009/10/contacting-british-telecom/">last run in</a> with BT when they called me (in breach of the regulations on unsolicited marketing calls) to offer me a Visa Card I filed a complaint with the <a href="http://www.tpsonline.org.uk/">Telephone Preference Service</a>.</p>
<p>I few weeks later I got a letter from BT Complaints Managment saying that my complaint had been passed on to them and they had been unable to find any record of the call to me (hint &#8211; try looking in the logs of all those Indian subcontractors you hired) but that I had been added to their suppression list so should not receive any more calls.</p>
<p>Well today they went for the win by calling me again &#8211; this time to try and sell me Broadband. This time round I have a recording of the call so it will be interesting to see if they try and deny it again.</p>
<p>What&#8217;s more as their previous letter acknowledges that they are aware of my wish not to be called they are now in violation of regulation 21(1)(a) of the <a href="http://www.opsi.gov.uk/si/si2003/uksi_20032426_en.pdf">Privacy and Electronic Communications (EC Directive) Regulations 2003</a> as well as regulation 21(1)(b) which they breached last time.</p>
<p>A second complaint has been filed with the TPS and a letter will be winging it&#8217;s way to BT later on&#8230;</p>
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