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Himanshu Singh t/a Uplink IT Solutions

Publication date 30 April 2021
Case reference 181007
Procedure Track 2
Adjudicated party Himanshu Singh t/a Uplink IT Solutions
Service type Technical support
Tribunal's final assessment Very Serious
Sanctions Code 14 - 4.8.3 (b)
Code 14 - 4.8.3 (d)
Code 14 - 4.8.3 (g) Sanctions
Code 14 - 4.8.3 (i)
Breaches raised Code 14 - 2.2.7 Rules relating to pricing
Code 14 - 2.3.2 Fairness
Code 14 - 2.4.2 Privacy
Code 14 - 4.2.3 Obligations of Providers of premium rate services
Summary

The case concerned a £2.50 per minute service that registered as an IT technical support service promoted on 09131240165, 09131240166, 09131240167, 09131240168, 09131240169, 09131240178 and 09131240179 (“the Service”). The Level 2 provider for the service was a sole trader, Himanshu Singh who traded as Uplink IT Solutions (“the Level 2 provider”) and was based in India. The network operator was Numbers Plus Limited based in the United Kingdom.

The Executive received two complaints (13 May 2019 and 10 October 2019) regarding charges that they had incurred as a result of using the service. In addition to the complaints, the Executive also noted that there were numerous complaints regarding the Service on the internet such as on websites such as www.who-called.co.uk and www.scamphone.co.uk. These complaints suggested that the service being operated by the Level 2 provider was not an IT technical support line but a service offering bank refunds.

Sanctions imposed

  • formal reprimand
  • a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of seven years, starting from the date of publication of the Tribunal decision, or until payment of the fine and the administrative charge, whichever is the later
  • a requirement that the Level 2 provider must refund all consumers who claim a refund for the full amount spent by them on the service within 28 days of their claim, save where there is good cause to believe that such claims are not valid, and provide evidence to PSA that such refunds have been made
  • a fine of £250,000.

Administrative charge recommendation: 100%

 

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