Jump to content


KUICK CAR HIRE LTD are Hire Car Company wrongly used my Details - Hit and Run and MCOL Claim


Recommended Posts

HiBankFodder. Thank you for the advice. I take it all on board.

 

Regarding the MCOL website. I am familiar as I am currently in the process of helping out a friend with a claim of his own from a private parking company. I'll keep an eye on this for the time being. Will hold off on sending the defence for the time being.

 

Regarding the police, you don't reckon I should contact them? I have filled in their form with the details I was supplied with but worried they may still issue a court summons. Plus, like shown in the document they sent me, it is not signed. The civil side is one thing but I'm also worried about the police side of things.

 

I'll give the ICO a call in the morning and ask them whether they are registered and also to make a complaint if they are not and to inform the ICO that this company has shared someone else's private details with me.

 

No, I have not contacted the person listed on the agreement. I mean how would I explain I have his details. In fact I have doubts that it was even him who had the car as otherwise it would have been signed.I

 

You think I should send another email to them asking them to clarify what's going on or should I just leave it with only the SAR that I sent to them?

Link to post
Share on other sites

just type no need to keep hitting quote thread tidied.

 

dx

 

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... 

Link to post
Share on other sites

I don't see any point in contacting the police at the moment. First of all I don't expect they will take any interest at all.
Secondly, we don't really know what the situation is and whether this is an accident or some more sinister attempt. Wait until we understand the whole situation and then you can make a decision as to the police.

I think it's a good idea to inform the other person on the agreement. If it turns out that this other person didn't have the car then clearly we have a much more serious issue and at that point it might be worth informing the police.
I would suggest that you write a letter to the other person simply saying to them that it appears that some personal details of those have been inadvertently disclosed to you by XXX company. You are in the middle of making a complaint about this company and you thought that they would like to know that their rights of privacy may have been breached and if they would like more information then they should contact you.
I wouldn't send them a copy of the agreement at the moment – simply send them that letter and wait and see what happens. Presumably you don't have a phone number – although it would be best to write in the first instance.
You have sent them an SAR – I don't think you need to do anything more.

Don't forget, that you in all probability, this is simply a stupid and irresponsible error by them and in all probability it will eventually lead to nothing.

Contacting the ICO is an essential step

Link to post
Share on other sites

Hey there pal. So I've spoken to the ICO and been informed that I have two options. 

1) Make a complaint now regarding the disclosure of private information of others, or

2) Wait until there is an outcome one way or another regarding the SAR and if they don't comply to send one complain that includes both the non compliance of the SAR and of the disclosure of private information.

 

They said the fact that they are registered with the ICO or not is not clear cut because they may have a different legal entity to their trading entity or something along those lines. Said that in any case not everyone needs to be registered with the ICO but they all need to comply with the SAR under the rules of GDPR.

 

Regarding the other person who's details I was given, I haven't contacted him. I'm not sure what would happen in that scenario if he wanted to talk. Either he is the actual hirer and if he's not all it does it then give him a reason to start venting as well.

 

Hopefully it is an honest mistake as you say. I just feel a bit confused as to why they'd then try to take me to court. They know by now following the number of times I contacted the son that I was not the hirer or driver of the vehicle yet they seem like they want to proceed with this.

 

Additionally, I spoke with someone else who I know who had a hire vehicle from them recently and according to him the father fired the son in the last couple of weeks as he was messing things up for customers and his father. Not sure if I should go and try to see the father at the shop today and see if he can sort this out. Or would I be better advised to just leave that and go through the regular MCOL defence channels?

Link to post
Share on other sites

I would let the person named on the hire agreement know about it as suggested above.

I would make the complaint to the ICO immediately – and then a second complaint later on if the SAR doesn't appear.

Other than that, I would simply carry on with the defence as we suggested. If you get a reference number for your ICO complaint then let us know and we will include it in the defence

Link to post
Share on other sites

Will contacting the other person benefit this case? Or is it a case of being a good Samaritan and just letting them know just in case? I'd assume as long as the court case is going on with me then he'd not be involved at all, apart from possibly being contacted by the police if they accept the response form I filled out.

 

With regards to the complaint to ICO, this should be a complaint regarding what exactly? The fact they shared another customer's information with me? Or that they are not registered with ICO (as the ICO said they can not be sure if they are or not at this point)?

 

Thanks again for the help and advice.

Link to post
Share on other sites
On 19/04/2021 at 06:44, BankFodder said:

I don't see any point in contacting the police at the moment. First of all I don't expect they will take any interest at all.
Secondly, we don't really know what the situation is and whether this is an accident or some more sinister attempt. Wait until we understand the whole situation and then you can make a decision as to the police.

I think it's a good idea to inform the other person on the agreement. If it turns out that this other person didn't have the car then clearly we have a much more serious issue and at that point it might be worth informing the police.
I would suggest that you write a letter to the other person simply saying to them that it appears that some personal details of those have been inadvertently disclosed to you by XXX company. You are in the middle of making a complaint about this company and you thought that they would like to know that their rights of privacy may have been breached and if they would like more information then they should contact you.
I wouldn't send them a copy of the agreement at the moment – simply send them that letter and wait and see what happens. Presumably you don't have a phone number – although it would be best to write in the first instance.
You have sent them an SAR – I don't think you need to do anything more.

Don't forget, that you in all probability, this is simply a stupid and irresponsible error by them and in all probability it will eventually lead to nothing.

Contacting the ICO is an essential step

read carefully^^^

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... 

Link to post
Share on other sites
  • 3 weeks later...

So, I've done as asked on here and sent a letter to the fellow on the other letter. He has not got back to me since.

 

Contacted the case worker for the accident to inform her what had been going on. She explained that she does not care whether there is fraud or anything of the sort and her only concern is finding this other fellow now that the info had been given to her. She said if she can't find him she'll probably close the case as unable to locate driver.

 

Called the ICO again regarding the issue and they explained that they would not be able to do anything regarding the matter unless I contact Kuick again and explain my concerns to them regarding the data breach and wait to hear back from their response. Apparently if Kuick say sorry for giving this info out then they wouldn't be able to do anything at all.

 

Regarding the SAR, they did not provide me with one. The only made a response in email saying the following.

 

"Good Afternoon XXXXX XXXXXX,

 
We are writing to you in regards to your email concerning the subject access request.
We understand that you are requesting all documents relating to your name, although we have clear proof that it was you who has rented vehicles from us. 
We have security footage of you while inspecting the vehicle, as well as all documents necessary to complete a hire agreement under your name. 
 
We will see you in court, and we will claim everything that is listed on the claims report. "
 
ICO said I'd have to wait the full month before I can complain about this noncompliance with the SAR and as that would come after the defence deadline then wouldn't do much at the moment. They also added they are so backlogged that any case I bring to them would take months before it even gets reviewed.
 
I guess I'll just have to proceed with the defence as is and see what evidence they present. When speaking with the case worker for the accident, apparently they provided a hire agreement with an apparent signature by me. I asked her to compare it to the signature on the return letter I sent to her and she mentioned it looks similar-ish. I asked her to share it with me but she said she wouldn't be able to do so as it belongs to the hire company. These people have forged my signature as well it would seem. It's crazy.
Link to post
Share on other sites

You are talking about a "caseworker". I probably lost the plot a little. Who is that person? Who are they working for?

Yes, file the defence.

 

Link to post
Share on other sites

The woman who was assigned by the police to the case of the accident. She is the one that sent the letter originally to me saying I have been identified by the hire company as being the driver.

 

By the way, do you reckon I need to hire a solicitor. I am currently not able to afford one as I  just finished my studies and am out of work so not sure if there are free ones for this type of thing. I've called up citizens advice bureau almost every day for the past week and all I get is a message saying they're all busy and to try again later.

Link to post
Share on other sites

forget a solicitor nor CAB both can be useless 99% of the time.

 

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... 

Link to post
Share on other sites
7 hours ago, dx100uk said:

forget a solicitor nor CAB both can be useless 99% of the time.

 

 

I didn't realise they were even that good!

Link to post
Share on other sites

In terms of their refusal to comply with your subject access request, you may as well sue them in a separate County Court action. If you'd like to do that then we will help you. It would be very easy to do. You are entitled to claim damages for distress and I'm sure that you are hugely distressed by their failure/refusal to supply you with your personal data and I would suggest that you might want to sue them for £100.

These people seem to be pretty disorganised and lack any understanding of how to run a business. I suppose that they would try to defend a data protection action on some spurious grounds – but it would increase the pressure on them and the risk to you would be very low – only about £50 or so in the unlikely event that you would lose the case. In the event that you would win then you would get your court fees back as well as the damage you are claiming unless a court decided that there were grounds for reducing the value of your claim. Pretty unlikely in my view.

 

Link to post
Share on other sites

@dx100uk and @BankFodder thanks for the information. I just want these people out of my life. I don't even care about getting money from them, their continued presence in my thoughts is just bumming me out all the time.

 

It's just getting worrying now at this stage. I'm dealing with people willing to forge my signature and now I'm going to have to bring probably some kind of expert to do an analysis to show I never signed that and it was a forgery. They definitely can't show video of me hiring a car on the date they mention unless they change timestamps on the video. But then again if they forge a signature who's to say they won't try it there as well. It's all just been a very worrying time for me. I feel down all the time because this case is all I think about.

 

I'll type the defence shared by yourself (thanks again) and sign and email it to the County Court. Hopefully the judge can see through whatever BS evidence they present but I'm just worried they'll have falsified what they present and pay some people to guarantee quality documents so they can try to scam me out of 10k.

Link to post
Share on other sites

I agree with you as to not caring about the money – but I'm finding ways of upping the ante, putting pressure on them and putting you more in the driving seat.

If you've got evidence that the car was hired out to someone else at the time they claim – then I don't think you need to worry about anything else and you can let the judge make the decision as to who is telling the truth

Link to post
Share on other sites

I understand mate. So should this be an separate claim case? A counter claim?

 

Regarding proof. I have me contacting the son and the screenshots I've shared here alongside the contract he sent me. But it's unsigned. If these guys try to bring forged documents I'd need to get a handwriting expert to prove that they've faked me.

Link to post
Share on other sites

You won't get handwriting expert. Apart from anything else it's hugely expensive.

In terms of an action for breach of SAR – I would suggest that it would simply be a separate claim.

If they are in breach of the 30 days, then you might want to send them a letter of claim.

Post your letter of claim here and we can have a look. Keep it brief.

Link to post
Share on other sites

Thanks mate. Used your template and the Defence was sent off today. MCOL website updated with defence received and an additional update saying DQ sent out.

 

Seems the hire company responded almost immediately to the defence as on another case with a PPC that I'm helping a friend on, he was sent the DQ a month after his Defence was submitted as apparently they only send out the DQ once the Claimant decides to proceed.

 

Regarding the claim for not producing the SAR, I emailed them on the 16th April and they have until the 16th May I think to provide it. I can get on a claim if they don't send it by then.

 

Thanks again for the help.

  • Like 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   1 Cagger


  • Have we helped you ...?


×
×
  • Create New...