Consumer Contract Law

[steveod]

Looking for consumer law assistance.

I signed up on a website for their offer of a free service

in the Terms of Use of the services, there was no mention of price, contract or length they would provide the service but

there was a mention that they would continue processing my personal data for 5 years. The lawful basis was for contract reasons or legal reasons.

i have tried to cancel the service so they stop sending me the information by post and email, but they are stating that the contract for the service is for 5 years and they don’t need to stop processing my personal data and they consider the contract as still in effect. My feelings are there is no contract, merely a gratuitous promise by them to provide the service. Is this correct:

1. They made an offer for providing the service for free

2. I accepted the offer by signing up for the service

3. Their consideration was the actual service and implementation of that service

4. As the promisee I did not provide any consideration 

5. Thus there is no contract

 

they are saying there is a contract, they will not cancel it, and my consideration was the signing up for the service, and the obligations they set out in the terms. The obligations under the contract are obviously not consideration but what about the signing up for the service. 
 

how can I get them to cancel any alleged contract and remove my personal data?

 

thanks

 

[BankFodder]

It would be helpful if you started off by telling us which company you're dealing with and also provided a link to their terms and conditions.

Also, the service that apparently was being provided?

[ericsbrother]

report to the ICO as even with a proper contract for goods and services you can ask that they no longer PROCESS your data. this isnt the same as deleting it, mind.

I successfully sued a company that processed my data after I told them to stop and that didnt involve me buying anything, they just hit their " send all marketing" button by accident but tough, it cost them £250

Edited May 28, 2020 by ericsbrother

[Peterbard]

Did the contract say " I agree to pay" or anything similar? Did you supply credit/debit card or bank details?

 

 

 

 

[Peterbard]

Sorry, and how  long ago was this?

[stu007]

Hi

 

I think you also need to send this company a Subject Access Request (SAR) simply asking for 'ALL DATA' that simple phrase covers whichever format they hold it in whether it be written, email phone recording etc.

 

They then have 30 Calendar day to respond only once they have acknowledged receipt of your SAR request. note a SAR if now Free

 

As for them stating they don't have to stop processing your data they need to comply with the General Data Protection Regulations 2018 (GDPR) which is now part of Data Protection Act 2018 (DPA)

 

This link breaks down the GDPR so its easier to understand your rights: 

https://www.privacy-regulation.eu/en/index.htm