Jump to content


  • Tweets

  • Posts

    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.   Lets remember - it took the torys a couple of years to trash the country and its reputation although they worked hard on it from day one. I expect no less in timescales, and a lot more in effort and application in Starmers resolution to the tory poop abuses.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

My Laptop was used by someone while on a Buy back Contract at Cash Generators..


zytec
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4629 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

.. During the period it was with them it has been used twice once for about 1:30 mins the other about 20mins the date and time of boot up is stored in the event viewer log, and so although the history of browser use could have been wiped the user was unaware of the event viewer log data, which logs bootup parameters everytime the PC boots..

I checked the event viewer after the condition of the laptop was different to when it was left in their care (which I was paying monthly for I may add).

 

There is no damage but I noticed a dirty smudge on the lid and a few finger prints on the screen. These made me suspicious it had been used because I never ever touch the screen & it was clean prior to being boxed by me in the store before the contract started. I don't like the idea someone has been using it and worry what they may have done or been looking at online if it were used online..

 

Worse than all though is both times it was used were after store hours so this would seem to point to the fact it was taken home from the store by someone as time stamps in event viewer are Friday @ 21:30 and Saturday 00:15 so it was taken home for one night on Friday & used Friday night and Saturday morning.

 

Where do I stand with this, I have the event veiwer log as evidence, (date & time it booted up it was suppoed to be in their storeroom), and how should I approach the store / manager or central offices about this? at the very least I want a refund from the point it was used by a member of staff, especially if it were removed from the safety of the store..

Link to post
Share on other sites

Read this http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html as a guide. Keep things in writing. Don't tell them what you want "at the very least" as that is all they will offer. Keep your settlement requirements ambiguous, but if you contract with them is broken, I'd expect a Judge to order them to refund all the profit they made from you.

 

 

As this is a franchise, a preliminary letter to the store manager may help... give him the opportunity to put things right before you write to the MD of the company, and before you initiate court action. Also if he is aware that if they don't offer you a suitable settlement of your complaint, you will escalate this complaint to the MD and courts, he may just dip his hands into the coffers and offer something suitable.

 

"Head office" address is :-

 

Cash Generator Ltd

CG House

Express Trading Estate

Stonehill Road

Bolton

Lancashire

BL4 9TP

 

Julian Urry is the MD if you want to address to him personally. (probably be dealt with by one of his underlings, but you never know, he may deal with this himself)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Thank you for the quick and detailed reply, Just a few questions if I may, how would I best word it so I'm giving the manager a chance to sort it before taking it higher? and I'm thinking it might be best to leave out the time it was used initially just give the date, beacuse it stops the possiblity of them saying it was to check it was ok after being moved / dropped in store, or to keep the battery charged etc etc.. I can then counter that with it being used out of hours

 

Lastly all I really have is a log that I can print out and is also still in my laptop to view. However I've collected from their shop and taken it home, so they could simply say I've edited the event viewer / or it's a different laptop etc etc..

 

thanks for your help.... jonathan

Link to post
Share on other sites

I would just state as a fact that the log files on your computer show it's been accessed out of hours. If they don't want to play, take it to court as a breach of contract, 99% positive they'll not show up if it did get that far, and they'll then have to pay your court costs aswell.

 

The cheapest way for them to settle this is to accept that you're going to take it as far as you can. Let the manager know this and maybe he'll see it's a lot less hassle to refund you.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Well..Firstly what do the Cash Generator T & C's say ?. Unless it says it specifically say they wont use it, I fear there is little you can do except mayne get an apology.

 

The threat of court action is pretty pointless, 'damages' in court cases are deisgned to return you to the position you were in before the breach occurred (even if it did), what is the actual cost of someone using for laptop for 21 mins ?. If a value could be put on it, it would be a few pence at best.

 

Andy

Link to post
Share on other sites

.. During the period it was with them it has been used twice once for about 1:30 mins the other about 20mins the date and time of boot up is stored in the event viewer log, and so although the history of browser use could have been wiped the user was unaware of the event viewer log data, which logs bootup parameters everytime the PC boots..

I checked the event viewer after the condition of the laptop was different to when it was left in their care (which I was paying monthly for I may add).

 

There is no damage but I noticed a dirty smudge on the lid and a few finger prints on the screen. These made me suspicious it had been used because I never ever touch the screen & it was clean prior to being boxed by me in the store before the contract started. I don't like the idea someone has been using it and worry what they may have done or been looking at online if it were used online..

 

Worse than all though is both times it was used were after store hours so this would seem to point to the fact it was taken home from the store by someone as time stamps in event viewer are Friday @ 21:30 and Saturday 00:15 so it was taken home for one night on Friday & used Friday night and Saturday morning.

 

Where do I stand with this, I have the event veiwer log as evidence, (date & time it booted up it was suppoed to be in their storeroom), and how should I approach the store / manager or central offices about this? at the very least I want a refund from the point it was used by a member of staff, especially if it were removed from the safety of the store..

 

The OP paid for it to be in the same condition as when it went in (as high lit in green), them using it is a breach of contract surely? If so they need to put the OP into the position he was in before he paid (not to mention the OP could have confidential documents on the laptop, so definitely a breach of privacy).

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

The OP paid for it to be in the same condition as when it went in (as high lit in green), them using it is a breach of contract surely? If so they need to put the OP into the position he was in before he paid (not to mention the OP could have confidential documents on the laptop, so definitely a breach of privacy).

 

Well..we dont know, we havnt seen the contract... It may or may not make mention of the scenario.

 

Privacy laws in the uk are rather complex and if if someone did use the PC there is no real suggestion that they did actually snoop around and view private documents (although quite why someone would sell/hand-in a computer with unlocked personal docs is a mystery to me !).

 

He has suffered no real loss or harm or distress so whilst damages MAY be claimable, I doubt whether a court would look too favourable on it, courts are not too keen on 'petty' complaints coming before them.

 

Reading the T&C's and then approaching the company is the first step.

 

Andy

Link to post
Share on other sites

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

Link to post
Share on other sites

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

 

Well..maybe IF the OP has lots of time, legal knowledge and lots of money to chase this through the courts..good luck !..I know what I'd do..Forget it !. And Im no stranger to court action having had to take legal action against my freeholder, mostly succesfully but I'd be VERY wary about taking legal action in this case as its very unclear that any real damage has been done.

 

Andy

Link to post
Share on other sites

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

 

No.

 

The OP is the data controller of any personal data held on the laptop and if it was accessed by the company, then the OP is the one in breach of the Act.

 

You might get further with the Misuse Act

Link to post
Share on other sites

It just dawned on me that if you 'sell' your PC (or other item) to one of these buy back companies do they not then become the owner (but with an option to sell it back to you within certain time period), if they are the owner then surely they could use the PC ?. Just a though, again all depends on the T & C's.

 

Andy

Link to post
Share on other sites

No.

 

The OP is the data controller of any personal data held on the laptop and if it was accessed by the company, then the OP is the one in breach of the Act.

 

You might get further with the Misuse Act

 

Agreed.

 

It is upto the original owner to secure the data, especially if it was sensitive data relating to his job for example, (Hospital records, government, military, etc).

 

Andy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...