Data processing by second hand dealer

[hsbclinkdcms]

I bought a car a year ago for cash from a second hand car dealer who has passed my address and details on to a 'legal' firm (akin to ambulance chasers) in order to get me to remove an online review, with the usual threats of defamation etc.

 

Are they legally allowed to process my data on this basis without informing me or seeking my permission ?

 

Thanks,

[BankFodder]

It's not so much a question of data – it's a question really of whether what you published was defamatory.

To be defamatory, the statement must be untrue. There are other requirements but I expect in your case this would be the most important element.

I think the important thing here is whether you have evidence to substantiate what you have written. Maybe you would like to post a link to your review and then we can have a look to begin with.

Also, who are the dealers – and who is the "legal firm"?

[hsbclinkdcms]

Hi thanks, I have no issues with the threats this company has made as they've quoted a number of statements within their letter which they state are damaging to their clients business and which are false and malicious, none of which actually appear in my review! 

 

They are just taking a punt in a bid to try and scare me into withdrawing a legitimate 1* review.

 

I do not like that my address has been supplied to a third party without my consent though especially as there is no reasonable justification for that action.

[BankFodder]

Did you sign anything allowing them to share your address with third parties?

Once again, who is the dealer, who are the legal company – and the link to the review please

[hsbclinkdcms]

No nothing signed apart from bill of sale , transfer on the log book, I paid cash, no reason to have any such inclusion.

 

I want to hang off posting the details at the moment, I am in the first instance interested in whether their use of my data is lawful and I am aware that these firms are visitors to CAG. I have not decided what to do about it yet.

 

I am confident that the review that I gave was honest and the truth and in any case the 2 quotes that this so called legal firm use within their letter which they say are damaging to their clients business do not appear in my review whatsoever.

 

They are either using scare tactics or they've got the wrong person completely, either way I am not happy that my data has been shared to a third party without my consent and it is that that I am enquiring about.

[BankFodder]

Well you have been here long enough to know that we don't play Secret Squirrel here and there is almost never any reason to withhold details of who you are dealing with - as long as you are straight dealing. The quicker that these people are named, the better. If they are acting wrongly then people will take notice. If they are within their rights then they have nothing to worry about.

I would say that if they have instructed solicitors to chase you for an alleged debt or some other legitimate legal reason – then they are entitled to pass your details on to those lawyers because they are a client. I can't imagine that somebody could have a legitimate legal complaint against another person and be prevented from instructing solicitors to pursue the matter.

So even though the firm you are talking about are apparently "ambulance chasers" – there may be legitimate interest.

As I started out at the beginning, the real question is one of defamation.

I don't see what you are so frightened are worried about that you can't identify the review and identify the company you are dealing with. You not doing yourself any favours – and you're not doing favours to other people who might also be in the same boat.

 

[hsbclinkdcms]

Thanks for the reply.

 

The firms involved are Autopoint in York and the letter came from Legal solutions4u, the review is the latest Google review on Autopoint.

 

https://www.google.com/search?q=autopoint+york&rlz=1C1CHBF_en-GBGB842GB842&oq=au&aqs=chrome.1.69i60j35i39j69i57j69i59j69i60j69i61l2j69i60.2471j0j7&sourceid=chrome&ie=UTF-8#lrd=0x487931034e872a7f:0xeef26ee63d0e66e2,1,,,

 

Legal Solutions 4u state that I've made false statements and that they expect costs and injunctive relief to be in the region of £7000-10000, all pretty much standard threatening stuff.

 

They have asked me to remove the post.

They go on to state and this is a direct quote from their letter "

Quote

You state in your google review ' one star is far to much bought a car from these and my god what a heap of absolute s***!...' This defamatory statement is damaging to our clients reputation. These comments are false and malicious. You further go on to state ' never buy a car from these absolute cowboys!' This is also a defamatory statement. The comments are damaging our clients business. The comments which you made are false and malicious"

 

Read my review and you will see that neither of these statements appear in it.

 

In regard to a legitimate interest on the basis this firm has stated they would not appear to have any.

[honeybee13]

We've come across these people before.

 

HB

 

[BankFodder]

I don't know which review is yours.

I hope you have taken screenshots of the review – not just copied the text.

I see that they apparently have 101 reviews of which 17 are only one star and then almost all of the rest are four-star or five star.

[hsbclinkdcms]

the latest one star

[BankFodder]

one of these?

[hsbclinkdcms]

My mistake this one;

 

just whenyouthought

5 reviews

2 months ago-Edit

Steer clear of these cowboys, avoid at all costs. I'm not the most versed car buyer and should know better but you expect a garage to be helpful not exploitative. I saw an advert on Ebay for a 55 plate silver Honda Civic 1.6 from these and went and test drove it, it appeared to be OK a reasonable silver Honda Civic 55 plate so thought I would go ahead. The sales guy asked what I would be willing to spend (A question you should never answer!) so based on my research on the same model with that mileage I offered a price which they accepted. They MOT'd it and it had an advisory of rusted brake pipes which their guy said would have been done so a week later I picked it up. My wife organised the insurance. Well I found out later 4 things. 1. They had used the just washed/water beading method to cover up marks to the body work. 2. It was not a 1.6 it was a 1.4 a model that was worth considerably less than I paid. 3. It is now January nearly a year after I bought it so MOT time, you know with the years MOT that they gave it and the printed copy that they gave to me.....well guess what ? Since October I have been driving that car illegally as there was NO MOT DONE despite the 'certificate' that they gave me. The work on the advisory number 4 was not carried out! So in summary they mislead and exploited an inexperienced buyer sold a deficient car with a potentially dangerous fault and lied about MOT work.
Trading standards next! Do your research, see all the 1 star reviews, google their past history and avoid like the plague!

Weird those reviews don't show up on mine ???

Edited March 22, 2020 by hsbclinkdcms

[BankFodder]

Get rid of "Steer clear of these cowboys"

 

Also, I think this story is getting more interesting in terms of the condition of the vehicle. Why didn't you come to us for help on this?

Can I suggest that you start a new thread and tell us the story of the vehicle and then we will help you. I think you have a basis for legal action against them and if it is unroadworthy in the way that you said is then there could be an offence contrary to the Road traffic act