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    • Thank you for the reply.No, he still lives there.   
    • What I would love to know is whether anyone has gone the small claims route for infringement (failing to supply all the data)...I'm going to start a fresh thread asking this now.... By the way, my former employer asked for a £900 fee to find all emails with my name included in them. I have had a rather tumultuous 11 months since then but am now back on this so will report them to the ICO tomorrow. 
    • might have been the same address althrough the mortgage but has he moved since?   if not doesn't need ctax copy.    
    • Also, I use 'Live chat' with the ICO and it's really helpful. They advise that it can take up to three months for them to investigate...but it is hugely beneficial to go to court with that judgement behind you! Best to be safe than sorry!   I had this helpful post from mrabody on my other thread regarding quantifying compensation: Take a look at Halliday v Creation Consumer Finance Limited. The claimant was awarded £750 for distress for what the court held to be a minor breach.    https://www.hempsons.co.uk/news-articles/damages-distress-awarded-breach-data-protection-act/   In your case I would suggest the breach is considerably more serious as HSBC has lost your data.   They think it may have been destroyed but they have no proof. The fact is they have no clue as to where it is or who has it.   So in addition to the potential loss of your PPI refund I think the distress component is considerably higher than in Halliday. How much higher I cannot say - but you need to start canvassing the case law on damages for distress.   
    • Hi King 12345,   I'm running a similar thread (but haven't used the word punish...but I guess I should have, Lol)   I've been doing a lot of research on this and I will post two items that you may find of help. I believe they have 'infringed', rather than 'breached':   Link here, text below: https://gdpr.algolia.com/gdpr-article-82 Art. 82 GDPR Right to compensation and liability Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
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martinwf5

Car Finance, faults mot's and rude people.

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We picked our car up Saturday 31st, from a garage near sheffield, we got finance on the car,

so though at least if things don't go right we can just deal with the finance co'

 

So believe it or not, the car started playing up,

pulling to the left and knocking around,

we managed to get it home as it was closer than returning to the dealer ( safely anyway)

 

after speaking to the rude dealer who said it had just been mot'd and serviced,

and putting the phone down on me a few times,

it was agreed to take the car to a local garage for them to have a look at .

 

within 5 minutes been on the ramp the guy said this shouldnt have passed an mot,

there were several things wrong, warped discs with ridges, track arm failure and front ball joint failure,

 

he said if they were to mot it , failure was on the cards and a cost of £200 to get it right,

 

however the garage said it had just been mot;d several times over , and telling me to shut up and if i'd have paid cash i wouldnt be on the phone?/

 

I contacted vosa , they told me to park it on the drive till they book a garage and they will inspect it themselves.

 

Can i withdraw from this finance, send the car back, and wash my hands of them????

 

Regards

 

M

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31st January?

 

 

then yes you can contact the finance company soonest

 

 

dx


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The problems are between you and the finance company, the finance company and the seller and not between you and the seller.

 

 

Take advantage of the Vosa offer as this could be dodgy MoT and if being done on all the sale cars, could end up turning into an accident for someone.

 

 

Write to your finance company, (who are they ?) and let them know now that there are problems and Vosa are assisting you. If this does turn out in your favour, they could refuse to allow the seller to sell their finance in future.

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31st January?

then yes you can contact the finance company soonest

dx

 

yes, last Saturday

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Anything further ??

 

vosa have booked a garage and are inspecting the car on tuesday, regarding the finance company we havent had any reply, I thought email would be best then least I have proof, I will call them tomorrow.

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