Is It Possible To Get Old Received Text Messages From Phone Companies?

[Jennywren200]

My husband's son is threatening to sue me for telling him what I thought of him in a text message. This happened on the 22nd November 2014. I know what I said and I know that I was wrong to do it but he verbally attacked me first and as I was going through a breakdown and suffering from depression I had a knee jerk reaction.

All this was supposed to be forgiven and forgotten earlier this year but I received another message this morning telling me that I will be hearing from his solicitor soon.

He has sent numerous nasty and evil text messages to his father over the years but of course these have been deleted. I also lost the ones that he sent to me after my text due to having to reset my phone.

Any advice would be greatly appreciated, thank you.

[Buenchico]

Since what you sent was only for him (i.e. it wasn't 'published', as it would have been if it had been on, say, Facebook) it can't be 'defamatory', so there's realistically nothing that he could sue you for anyway.

He could, of course, refer the matter to the police as it's a criminal offence to send malicious messages but, if was only a single text (rather than prolonged harassment), it's unlikely that they'd want to get involved. If they did, your solicitor could seek a court order requiring them to disclose any relevant texts they still retain.

[Gavmacp]

I am not a legal person but what is he suing you for? And to be quite honest he sounds like a prat!

[Jennywren200]

Thank you both Chico and Gav. Yes he is a prat and everything that I said about him was true but he does have OCD which makes him aggressive and sometimes violent (think it might be more than OCD)

[trt]

I tried last year with my phone provider after I mistakenly deleted an important e-mail address.

They said they couldn't do it, but the police can do it with a warrant.

[Jennywren200]

Thanks, I hope it doesn't come to that.

[Peter Pedant]

I think trt is wrong

The text you sent is your data and so is subject to a subject access request and as far as I can see - if they have the data they have to give it to you

on the internet - recontact the the phone company and write an email like

Subject Act request
please answer within the statutory ilmit
please give me copies electronically of the text messages I sent between X date and Y date that you have stored
I am ready to pay the statutory fee of £10 and identify myself as the subject
love jenny wren

the reason why trt may have failed is that it was third party data
( s/o else's email address - piddy he didnt ask for a copyu of the email just )

and good luck

[ background - I was jerked around on manch picc platform ( a la Cologne but no one groped me ) and then the admin staff at Network rail jerked me around a bit more over the CCTV footage and all this sort of DPA run around. I got it in the end - blind spot where I was being jerked but ho hum something good has come out of it - I can tell you how to do it ! I had to appeal against their intial refusal which they clearly hadnt had before]

Otherwise wait for the solicitors letter
and reply what text ?
you would save £10

o and learn that these things are more permanent than you thinnk .....

[bednobs]

he might still hve the text anyway. You cn sit back and relx, and smirk inwardly knowing that he is going to have to pay for his solicitors time to no avail

[Jennywren200]

Thanks for your advice everyone. Just sitting back and waiting, he could just be bluffing but if not he had better hurry up as we will be away for a few weeks soon.

[hc4361]

Could this be an offence under the Malicious Communications Act?

http://www.cps.gov.uk/legal/a_to_c/communications_offences/

[Jennywren200]

HC - You are probably right in that I should not have sent the text message but he uses the phone like a weapon sending nasty and abusive messages to all and sundry. His brother has stopped speaking to him because of this and we changed our landline number because of his abusive calls. When he verbally attacked me I'm afraid I flipped. I remember the gist of what I wrote but lost the messages that I saved when I had to reset my phone. I still have his original message as it was sent as a PM on Facebook.

[hc4361]

I'm not judging you or criticising you, Jenny, just raising a possibility for those more knowledgable to comment on.

[Gavmacp]

If he has done this type of behavior before and to other people have you then got people that can provide witness statements regarding his behavior?

[Jennywren200]

HC - It's OK, I didn't take offence and I appreciate any comments as any help I can get will be useful if, and it is an IF, he does as he has said. Had I not been so low at the time, some of it because his father was in the process of selling his flat to give him £15K for surgery on his back which he got but no surgery to date, I would just have ignored him. Thank you for your input.

[Jennywren200]

Gav- Oh yes, this is what he has done for years. He is mentally ill because of the OCD but it doesn't make his relentless attacks easier to bear. His brother had to block him after his wife had a breakdown due to his irrational behaviour.

[Gavmacp]

Thinking about it a text is only prove that a message was sent from a phone but not prove of who sent it.

[Gavmacp]

Oops proof

[Jennywren200]

Gav - works both ways then, hopefully. Thanks

[Gavmacp]

Jenny you have people that can provide witness statements regarding his behavior. Where he can only provide evidence that your phone sent a message but cannot prove that it was you that sent it. You could of had a house full of people that had an opportunity to send a message that was mistakingly sent on your behalf. I cannot see how he could prove otherwise.

[Peter Pedant]

dont get too bound up in thi until you hear something from the other side

[Jennywren200]

Thanks again, nothing heard so far.