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    • DX - the lease agreement does state that the car has to be handed back in a drivable condition etc. SO I was forced to pay for the clutch repair to allow this to happen. It was a frozen morning when the girl turned up for the car - had I known this I wouldn't have repaired the bloody windscreen, but when it was booked it was crapping with rain for days...
    • BankFodder,   I didn't record calls, because they were simply me asking to speak to the complaints handler, and being told he will call back. Twice a day - and phone records will show this. If push comes to shove a FOI request for their call records will back this up. When you lease a car, you can take it with or without servicing - our broker advised not to take servicing. It was out of warranty after 3 years. But my argument is the lease was for 4 years/32K miles - although we extended if for an extra year, it was still within the mileage, and the clutch failed and the windscreen leaked. In my opinion it wasn't fit for purpose and the lease company are in breach of contract by leasing a vehicle as such.  
    • My signature on that cheque is nothing like my signature, but I took a copy of it in case they try to use it.    I have read up and maybe I should explain better the reasons I said I may be better off with them.   First I would look to settle and from what I have read you can often settle for anything from 50-80% of the total debt and secondly, if I cannot settle they cannot charge me the 14.9% BC will charge me, although from what you have said it sounds like I am wrong?    
    • Would have been better that you didn't give them a signature to lift, but difficult times persist.   As for better being with a fleecing dca than the OC..well no as an OC does issue speculative court claims on a whim.   you need to get reading up here on cag
    • Here is my first draft of a PAP letter:   Dear Sir or Madame.   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the practice direction on pre action conduct.   On the 9th September 2020 I entered into an HP agreement with Advantage Finance to purchase a Ford Kuga 2013 registration xxxxx. Within less than 2 months and a total 1500 miles the car developed a gearbox problem. After speaking to Ford regarding this matter they confirmed that the gearbox must be serviced every 35k, in the service receipts that were supplied with the car the first two have been done but there is no paperwork for the most recent, Ford have confirmed that the most recent service was only for the engine and not the gearbox as recommended by them.   From you I am claiming that under the Consumer Rights Act 2015 you have supplied a car that is not fit for purpose and is not of satisfactory quality. It was also sold as having a full service history where this now is no apparent   From you I am claiming: purchase price of £xxxx plus, 2 months of road tax and 2 months of insurance.   In accordance with the practice direction on Pre-action conduct I would request that you provide me with copies of the follow document:   A full breakdown of 100k service that was not included with all the receipts. A full breakdown of all work carried out whilst you had taken ownership of the car.       I can confirm that I would be agreeable to mediation and would any other system of Alternative Dispute Resolution (ADR) in order the avoid the need for this matter to be resolved by the courts.   I would invite you to put forward any proposals in this regard.   In closing, I would draw your attention to paragraph 15 & 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.   I look forward to hearing from you within the next 28 days.   Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Hotel Disclosing Information


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Just a query really, my wife had suspected I had stayed at a hotel with another woman, as someone had seen us leave and had told her.

 

A friend of hers then rang the hotel claiming to have stayed there with me on the given date and "may have left an item in the room,

the receptionist has then asked for the name on the booking (mine only) and then stated yes "my name" and confirmed the date of stay along with "yes room number XYZ I will go and have a look for your item.

 

The receptionist has confirmed my stay and also my room number without consulting me.

this has had massive implications on 2 marriages as a result of the information they have disclosed.

 

Surely any information in relation to a booking made in my name only, should not be supplied to anyone over the phone without consulting me.

individual has through deceit managed to get the hotel to supply the information she was looking for.

Guest privacy and security has been breached here.

 

I have a text message transcript between my wife and friend confirming that she was going to ring, what she was going to say and then the full details she was supplied by the receptionist.

Their DPO has asked for a copy of this

 

My question is have they done anything legally wrong under GDPR for me to pursue.

I have written to the hotel and it is being investigated by their data protection officer.

This is a large national hotel chain.

Edited by dx100uk
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The friend has misrepresented themselves.

But this is the lesson of infidelity.

You run the risk of getting caught.

Book in as mr/mrs smith. Pay cash, leave no paper trail.

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The friend has misrepresented themselves and not the hotel breaking gdpr. The friend knew too many details that "pin" the stay down. When you stay in a hotel all parties book in, you and any guests, not just the booking name.

So if "Mrs Smith" said I stayed at your note on xyz date their is actually a record of her, not just mr Smith who booked the room

 

I'm not judging you, I'm giving advice. If your going to cheat, cover your tracks.

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thanks for the advice, lesson learnt don't worry :)

 

 

I just thought if the room was booked under mr smith, when a female calls up and misrepresents themselves, the hotel surely is not obliged to pass on any details in relation to booking? I would have thought they should have said "i cant confirm any details in relation to this unless it is to the person who made the booking"?

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correct.

but I bet she phoned and said your name

if it was booked as smith..there would have not been any reply if she used your surname.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi dx, which bit is correct? yes when she rang she said I stayed there with my boyfriend and quoted my name. there was no proof I had stayed there, someone had said that they had seen me +1 at the hotel on a given date. when she has rang up she was looking to confirm that I had actually booked and the hotel provided this confirmation.

 

 

bit of a surprise as a result when wife confronts me saying "you booked into this hotel yesterday didn't you?"

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you used your real name at the hotel...if you had used mr smith...there would have been no match...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Whilst not judging you, the hotel has certainly not put 2 marriages at risk. Whatever you are trying to cover up, it is your deceit which has put you and your floozy's marriages' at risk. Blaming the hotel for being rumbled is not the right thing to do.

 

I've spent many hours in GDPR training and your 'Partner' whomever that may be, would have a 'legitimate interest' in the disclosed information as it was they who has allegedly left items in the room. The fact that this was based on a lie, the hotel would, and could not, be aware.

 

"Oh what a tangled web we weave, when first we practice to deceive.........................................................."

 

H

  • Haha 1

42 years at the pointy end of the motor trade. :eek:

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When you stay in a hotel all parties book in, you and any guests, not just the booking name.

 

I've stayed in 2 hotels in the last week while travelling with my OH, both independent not part of national hotel chains, and neither asked for the name of the other person. At online booking and at check in on arrival it was recorded in my name only as "one room for 2 adults".

 

Maybe some hotels do ask for the name of all guests, but it's not a universal practice (in the UK that is, law is different in some countries).

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A friend of hers then rang the hotel claiming to have stayed there with me on the given date and "may have left an item in the room,

the receptionist has then asked for the name on the booking (mine only) and then stated yes "my name" and confirmed the date of stay along with "yes room number XYZ I will go and have a look for your item.

 

The receptionist has confirmed my stay and also my room number without consulting me.

 

I'm not sure this is any sort of data breach.

 

The information about you,

 

-- your name

-- your date of stay

 

wasn't disclosed by the hotel. It was given to the hotel by the caller. All the hotel did was repeat back what they were told (presumably to check they'd written down correctly what had just been said to them).

 

If I understand your post correctly the caller asserted they had stayed with you but the hotel didn't confirm that, merely said they'd check the room for any item left behind. The hotel hasn't said anything that confirmed another person stayed in the room with you as far as I can see.

Edited by honeybee13
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