Filing time with Preventel

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cerise32 -  
Aster-X Posted messages 2 Status Membre -
Hello,

I wanted to open a line with SFR, and they told me that I was listed with Préventel... something I was not aware of. They called the Préventel company, which told them it was due to unpaid debts with the operator Virgin Mobile. I haven't been with that operator for over a year, and they owed me money...

How long does it take to be removed from Préventel?

Thank you for your help!!!
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shinko
 
- The Preventel file is an authorized file by the CNIL as part of deliberation no. 04-072. This authorization allows the Economic Interest Group Telecommunication Prevention GIE Préventel to implement a file for recording unpaid debts in the mobile and landline telecommunications sector. This authorization specifies that registration in the file cannot exceed three years for a single infraction (unpaid debt) or five years for multiple infractions (unpaid debt + false identity to obtain a line, etc.)

- Any individual registered in this file must be informed (by registered letter with acknowledgment of receipt)

- Like any file authorized by the CNIL, it has its limits; the retention of personal data beyond the duration authorized by the CNIL is punishable by five years of imprisonment and a fine of €300,000 (art. 226-20 of the penal code).

- The statute of limitations is established, in favor of the user, for sums due for the payment of electronic communication services by an operator (…) when it has not claimed them within one year from the date they become due in accordance with article L 34-2 of the postal and electronic communications code

You can therefore demand removal from the file as long as the registration dates back more than three years in the case of a simple infraction or five years in the case of multiple infractions.
You owe nothing more to the operator within one year after the due date of the sums (the operator’s claim for sums will be made formally by a payment injunction or by a judgment in its favor; letters from "bailiffs" sent by ordinary mail have no legal value and will therefore go straight to the trash).
Operators tend to re-register every 2 years, 2 and a half years to circumvent the 3-year authorization, leading to difficulties in opening a line even when the initial registration was made sometimes 10 years ago!

If you are still registered despite the statute of limitations and the elapsed deadlines as I described in the link provided at the beginning of this article, you can demand removal from the file; to do this, you need to send a registered letter with acknowledgment of receipt to the operator:
- briefly describing the facts and their date
- recalling each of the points described above one by one
- ending with a standard phrase "Consequently, this dispute is the subject of immediate communication to the CNIL and ARCEP. Furthermore, failing the removal of the Preventel file, confirmed by your services, within 72 hours following the receipt of this letter, a complaint will be filed with the public prosecutor."

source: https://forum.lesarnaques.com/
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nitriamy
 
thank you for the info
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charmeur25
 
Regarding the fines, is the 1-year period applicable?

Indeed, if we do not pay our fines, we may receive, as the case may be, a letter from a bailiff asking us to regularize, otherwise a seizure will be made on our assets, etc...
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