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    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
    • im being an idiiot, its late, ive corrected those dates and will submit tomorrow unless someone states otherwise
    • ive gone through all documents no DN but they include one in their application dated 13 oct 2016
    • so far i cant see a default notice but they state 13 oct 2016, im trying to find documents now
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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

 

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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?

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Posted (edited)

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 by ericsbrother
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  • Andyorch changed the title to Consumer Contract Law
  • 3 months later...

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

 

 

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry, and how  long ago was this?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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