After my email yesterday to Communicado trying to claim damages, they have replied:
Good Afternoon Deanna,
Thank you for your email.
I don't believe I've seen an email from you previously,
Certainly sometimes emails get held up somewhere.
Your domain has been removed from our database, that is to say, if it is
part of any data we receive in the future, you will still not receive mail
from us. Please advise if there are any other domains owned by you, or
individual email addresses you use, and these can also be removed.
We have contact with the ICO to make sure that we adhere to the rules laid
http://www.earlsoft.co.uk certainly appears to be a UK company based on the
information on the information available there.
We do not pay any kind of damages for emails received from us, but I have
taken the appropriate action and removed you from our database. Unless there
are addresses you haven’t made me aware of, you will stop receiving these in
the next few days.
They should know my other "addresses" from previous business dealings. Oh wait...
Shall I just ask them to remove any unconfirmed address? :)
I'll be posting the registered letters tomorrow and persuing the damages as planned and legally allowed.
I've now replied with this:
I have a selection of personal domains, but none of them (including this one) have been involved in any business dealings with yourselves (until this), therefore should never be on your lists.
As for earlsoft.co.uk, it is not and never will be a commercial entity.
It is the name for my site that I use to host open source software and provide free hosting to selected non commercial entities.
Regarding damages, I am fully legally entitled to make a claim as per section 30 of The Privacy and Electronic Communications (EC Directive) Regulations 2003.
If I do not receive the payment by the 9th of August, then I will be making a county court claim for it.