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Compo claim used phone with porn

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Compo claim used phone with porn

Old 15th Aug 2018, 13:53
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Compo claim used phone with porn

I don't see why a 9 year old should need an expensive (even if second hand) smart phone.
Sold with a dead battery so the shop would not have known of the contents if memory not wiped.
But, despite retailer offering a full refund and travel expenses, Mum now insists on compensation for her daughter seeing pornographic images.
https://www.sussexexpress.co.uk/news...shop-1-8601770
Am I just being a grumpy old git?
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Old 15th Aug 2018, 14:00
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I know that the law says if you sell a second-hand phone you should clean it beforehand. I have had confirmation from CeX that this is the case as well.
I'd like to know what law she thinks says such a thing, as I know of nothing in law that requires an owner to wipe a phone, or any other device that contains data, before selling it on. Frankly I think that anyone that doesn't thoroughly delete everything off a device they sell is bloody stupid, but the law doesn't prevent people being stupid.
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Old 15th Aug 2018, 14:09
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Maybe there is a duty of care by the seller to perform tests on a device to make sure that it works, is not dangerous and in this case does not have content on it ? Charity shops are VERY careful in selling electrical products due to the chances of being sued, so I'm surprised that a pawn brokers didn't have a policy where ALL goods are thoroughly checked (primarily for defects). Compensation claims ? Give them 100 and replace the phone just to get them off their backs.
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Old 15th Aug 2018, 14:59
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When I donated a toaster to my local Cancer Research shop they told me they'd get it PAT tested. They said it's a requirement for their liability insurance.

I'd have thought the onus for deletion of a phone would be upon the retailer. There have been cases where computers which have been put in for repair have been found to contain inappropriate material and the police get called by the repairer.

NEO
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Old 15th Aug 2018, 15:29
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Originally Posted by VP959 View Post
I'd like to know what law she thinks says such a thing, as I know of nothing in law that requires an owner to wipe a phone, or any other device that contains data, before selling it on.
Any retailer or other intermediary may be well advised to do so under the GDPR to avoid accidentally passing on information personal to the previous owner (such as their porn browsing habits, to pick an example at random).
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Old 15th Aug 2018, 16:14
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What parent gives a 9 yr old computer without checking it? She should have set up locks and checked content.

Equally who give a second hand item as a gift without seeing if it works? I am sure we have all seen the disappointment when a new toy doesn't wotk.
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Old 15th Aug 2018, 16:47
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I'm inclined to believe the mother on this one, and some folk are not so technically literate and probably didn't think to wipe it. However the store should have wiped it, especially a large chain that have procedures in place.

Saying that back in the UK around 2006 I went to a CeX store in Edinburgh and purchased a Digital Voice Recorder for meetings (quite an expensive Professional Olympus Dictating one, cost me around 100 quid used!) and didn't have time to check it fully until I flew back home a few days later - it was full of Doctors notes on patients including their names... idiots forgot to wipe it.

Nice piece of equipment though, still works twelve years later!
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Old 16th Aug 2018, 03:23
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Why would you buy her one of these things? Don't you wan to spend time with your little girl?
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Old 16th Aug 2018, 12:13
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When I gave it to her on her birthday I took a couple of pictures on it of her and some guinea pigs we were looking after. “I gave the phone back to her and she went to look at the pictures I took and there were three to four pornographic pictures and three pornographic videos.
So to find that out her mother must have gone through them all?

End of the day it should be wiped before being sold on.
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Old 16th Aug 2018, 12:32
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Originally Posted by rotornut View Post
Why would you buy her one of these things? Don't you wan to spend time with your little girl?
Why, do you spend 24/7 with your child? Isn't that a bit oppressive?
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Old 16th Aug 2018, 12:44
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I feel for kids these days, I know people hark on about the good old days etc, but when I was about 5 I had the freedom to roam around the village and surrounding fields and area with my friends without a care in the world, we would play in the beck, wander around the woods and disused army camp nearby, my first bicycle increased the area we could roam free from the modern kids trappings of helmets, reflective jackets and a watchful parent...
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Old 16th Aug 2018, 12:50
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Once my kids hit their teens, I didn't bother restricting the internet. They were given a stern lecture about what to avoid and told to stick to mainstream sites. Being kids, they ignored my advice and looked, once! More than 15 years have passed and they have never felt the need to revisit any of the more dubious sites. Other parents mileage may vary.
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Old 16th Aug 2018, 13:29
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I feel for kids these days, I know people hark on about the good old days etc,
Indeed. I remember the shock of discovering that women possessed nipples and pubic hair. "Health and Efficiency" never showed such details.
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Old 16th Aug 2018, 16:03
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Originally Posted by G0ULI View Post
Once my kids hit their teens, I didn't bother restricting the internet.
I was mostly worried about them downloading viruses onto my network. I sorted this by disconnecting their computer for "a while" whilst I "got round" to cleaning the latest infection. "A while" doubled in duration with each infection. After they'd had no internet for a fortnight they decided that refraining from downloading and installing and running viruses was more attractive than having no internet for a month next time.
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Old 16th Aug 2018, 18:09
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Indeed. I remember the shock of discovering that women possessed nipples and pubic hair. "Health and Efficiency" never showed such details.
Thant must have been a huge shock when you were 60.....

remember when I was 18 discovering most people didn't link stress and fatigue to material properties.
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Old 17th Aug 2018, 03:19
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Originally Posted by G0ULI View Post
Once my kids hit their teens, I didn't bother restricting the internet. They were given a stern lecture about what to avoid and told to stick to mainstream sites. Being kids, they ignored my advice and looked, once! More than 15 years have passed and they have never felt the need to revisit any of the more dubious sites. Other parents mileage may vary.
I remember exploring the dubious delights of Usenet back in the day, pre-WWW and on a dial-up modem. I learned several things from that, such as the meanings of certain terms and words, and also that one shouldn't go looking at random unfamiliar newsgroups while eating.
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Old 17th Aug 2018, 09:16
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Can someone please explain how receiving a monetary compensation will result in a child unseeing porn? Will the mother use the proceeds to wipe daughters memory?
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Old 17th Aug 2018, 15:12
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Yep, sadly that cork is now well and truely out of the bottle for the poor kid.

It's how the world has turned, to a me, me, me, me, society, heck you can't even die of natural causes these days, there has to be a reason.
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Old 17th Aug 2018, 15:28
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Strange how kids used to survive without those things! And they were probably happier kids with less bullying too.
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Old 17th Aug 2018, 16:10
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Ah yes i remember the halcyon good old days running through fields, scrumping, flying balsa gliders in the cloud strewn skies and staying out all hours with my mates playing..........then avoiding the bombs dropped from Heinkels and contracting polio
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