Uber say I owe money, but I don't @UberUKsupport

[verdant]

In March I ordered a takeaway via UberEats.

I paid by PayPal and the order arrived with an item missing.

 

I forgot to raise the issue straight away with Uber. By the time I remembered to do it the order was too old to raise the issue directly but did suggest that I contact their support team. I tried to do this, but that the link they provided didn't work. I then raised a case with PayPal. Uber didn't respond to the case and I was refunded for the missing item.

 

Uber are now claiming that I owe the full amount of the order even though it has already been paid (less the refund). I've asked Uber to look into it, but they are insistent that I owe the full amount. I've asked PayPal to looking into it but they insist that Uber have been paid.

In brief:
15th March ordered a takeaway through Uber Eats cost £66.13
27th April refunded £4.50 for item that didn't arrive

Uber claim I owe £66.13

 

I have checked my PayPal statement and credit card statements and on both I see the £66.13 go out and £4.50 refunded.

 

I'm not sure what to do now as I have contacted both organisations and they refuse to help.

[dx100uk]

let 'em get on with it

theres not alot they can do.

 

 

[verdant]

I want Uber to correct their record. I don't owe them any money. In some ways it would be easier if they were taking collection action against me. At least they wouldn't have a leg to stand on if it got to court.

[dx100uk]

correct you owe them nowt...ignore.....

 

uber eats don't do court and any DCA that might chase are totally powerless and can never be bailiffs

no DCA has any legal powers on any debt no matter what it's type .

[BankFodder]

The only problem is that if they have you down  as owing them money then you won't be able to order from them in the future.

If you would like a bit of fun then we will help you sue them for breach of data protection regulations – by inaccurate processing. It could be worth 50 quid to you I expect and hopefully they will sort things out

[BankFodder]

There has been a reply to our tweet

 

Quote

Uber UK Support

@UberUKsupport

·43m

Replying to

@Real_CAG

Hi there, happy to help. Please DM us the email address and mobile number linked to your account and some additional details about your issue so that we can assist you better.

 

[verdant]

This was the exact problem. I only found out last night when I tried to order and the app said I had to pay £66.13 before I could place any more orders. I would definitely be up for suing them. They've made it clear they have no interest in dealing with the problem.

[BankFodder]

No problem.

Where are you on this, did you pay them the money?

[verdant]

I've asked them to correct the record and they have refused. I haven't paid them any further money. I've sent them evidence that I paid the original amount and that £4.50 was refunded.

Edited May 29, 2021 by verdant

[BankFodder]

Okay – I hope you've got all your paperwork together to show that the payment has been made, not refunded – et cetera.

On the basis of what you have said, I suggest that you sue them for breach of the data protection act in that they are inaccurately processing your data. This is causing you distress.

I would suggest that you send them on SAR. Do it straightaway. Make sure that you identify yourself sufficiently. You may want to send them a utility bill or something to save time later if they start dragging their heels and demanding ID.

In terms of the legal actions, send them a letter of claim.

The letter of claim should broadly say that on XXX date you ordered a meal – £XX – and the money was paid to them by means of PayPal payment reference number XXXX.
They have failed to recognise that the payment was made and they have now been demanding the sum of £XXX from you even though it has been paid. Their records are incorrect and they are processing your data inaccurately. The fact that they are holding inaccurate data about you is causing you distress – furthermore the fact that they are now using their inaccurate records as a basis for withholding their service from you is causing you additional distress because you have been ordering food and they are suddenly refusing to deliver it.

This is a breach of statutory duty and you require compensation of £100 for the distress they are causing you – plus they should correct their records.

If they do not compensate you and confirm that they have corrected their records within 14 days then you will sue them for the entire amount plus your court costs and without any further notice.

Keep records of everything.

In the SAR, not only demand disclosure of your personal data but also require that they inform you if they have shared your data with anybody and if so who with.

I suggest that you post up your draft particulars of claim here for us to have a look and then you post it off or email it off on Monday morning.

Be absolutely certain that you are prepared to take this action. Don't bluff.

Read up the steps on this forum involved in taking a small claim in the County Court. Register with the County Court's Moneyclaim service and start preparing your claim. You can save your work as you go. Post your draft particulars up here for us to see and on day 15, click off the claim.






 

[Manxman in exile]

Brilliant!     

[verdant]

Since my I made my initial post Uber has accepted there might be a problem and has escalated the issue to another team. They say they can't provide a timescale though.

 

I've also followed their SAR process and downloaded what they describe as all the personal data they hold about me. It doesn't contain any financial transaction records, so it's clearly not all the data they hold.

 

Here is what I intend to send about the incorrect data:

 

Quote

 
On 15th March 2021 I ordered a meal costing £66.13 and I paid the money via PayPal (transaction id 4ME83274WW445612R, invoice id 1UEdv70PJHu23Q26vXscO6a0). I didn't receive one of the items: Notorious DFP £4.50. On 31st March after attempting to use the broken contact us functionality on the Uber Eats website I raised a case with PayPal. On 17th April Uber had not responded and the case was raised to a claim. On 27th April Uber had still not responded and the claim was paid: £4.50 was refunded to me by PayPal. I have already provided Uber with excerpts of credit card and PayPal statements that prove my description of events to be correct.
 
Uber fails to recognise that the payment of £66.13 was made or that it had sufficient time to deal with my refund claim and is now incorrectly demanding £66.13 be paid. Uber's records are incorrect and they are processing my data inaccurately. The fact that Uber is holding inaccurate data about me is causing me distress and the fact that Uber is using their inaccurate as a basis for withdrawing service is causing me additional distress because I have been ordering food and suddenly Uber refused to deliver it. Uber's initial reaction to my query has caused me further significant distress: my query was dismissed, out of hand, without any consideration on Uber's part that they may have incorrect data.
 
Uber is in breach of its statutory duty to process my information correctly, and to rectify it where it is incorrect. I require compensation of £100 for the distress Uber is causing me and I require Uber to correct its records.

 

 

Does that seem OK? I will send it electronically, do I also need to send a letter?

[Manxman in exile]

Did you follow the SAR link, because what you are saying doesn't sound right?  You don't "follow their SAR process and download" your data, you send them an SAR request and they provide the data to you - all the data they hold on you.

 

Did you actually send them an SAR letter as BankFodder said in #10, or did you just look on their website and followed what looked like the right thing?

 

 

[stu007]

Hi

 

I have to agree with the above as what they display on Uber website is NOT a Subject Access Request and only gives you limited data.

 

You need to send then a proper Subject Access Request (SAR), they then have 30 Calender Days to respond only once they have acknowledged your SAR Request and don't mess about asking for Identification to extend the 30 Calender Days Time Limit (which they can legally ask for).

 

Title it 'SUBJECT ACCESS REQUEST' and irrespective what you ask for in it always make sure to put this little phrase 'ALL DATA' as that little phrase cover whichever format they hold that data in whether it be phone calls, email, etc.

[verdant]

Sorry I've not been around to respond to this. There has been a lot of other stuff going on in my life like dealing with my mum's estate and the 6 month anniversary of her death.

 

Where do I send the subject access request? The Uber website has two postal addresses, one in The Netherlands and one in the USA:

 

Uber B.V. (Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands)

Uber Technologies Inc. (1515 3rd Street, San Francisco, CA, 94158, USA)

 

https://www.uber.com/legal/en/document/?name=privacy-notice&country=great-britain&lang=en-gb

 

[BankFodder]

Your visit to ceoemail.com

WWW.CEOEMAIL.COM

 

 

[BankFodder]

Use our SAR template. It is extremely widely worded. You can make a few minor modifications to suit your purposes – but keep it as wide as possible.

Send it recorded delivery.

Get ready for them to breach the deadline. I don't think they are set up for this kind of thing and make sure that you understand the steps involved in bringing a small claim in the County Court.

[verdant]

I've received Uber's response to my SAR. It's exactly the same information that I got at the start of June by following their process to download my information. So that's not massively useful. Is there some specific information I need from Uber before I can commence action? 

[BankFodder]

I need to start off by saying that although I do understand that you have had lots of difficulties this year, if you want to deal with this then you are going to start having to be on the ball, responding quickly and putting an end to these delays.

Once again, I do understand from looking at this thread that you have had some difficult personal issues but I'm afraid now is the time to start taking control – and you will feel much better if you do that.

This is gone on quite a long time so let's just confirm:

You have got evidence in terms of a bank statement that you made the payment – correct?
You have sent an SAR and they have simply returned the standard data – correct?

On the basis that the SAR should contain everything about your dealings with Uber and details of your account, please can you give us a list of the things which you think are missing.

If you took them to court for a data protection breach, would you be able to prove that their data disclosure to you is incomplete?

Also, it's been far longer than 30 days since your last visit here. Did they supply the disclosure within the 30 day limit?

[verdant]

I have a credit card statement and a Paypal statement that show that I have made the payment. I sent a SAR and they responded with their standard data.

 

The data provided contains no payment history, which they must have. If they didn't they couldn't claim I owed them any money.

[BankFodder]

Very good point you make about them not disclosing any information relating to money owed.

You haven't told us about the dates and whether they satisfied the 30 day deadline.

[verdant]

The 30 day deadline depends on when you measure from. I first contacted Uber's support team using the in app function on 15th June and asked for all the data Uber hold. They received my formal request using the CAG template on 5th July. I received their response on 31st July.

[BankFodder]

Okay . Let's say it is our template one. Their own online thing is useless.

So they responded well within the 30 day limit. That's good – that's very unusual.

You consider that it is incomplete so I suggest that you now send them an email telling them that it's incomplete and that you want everything. Point out that by providing you with an incomplete disclosure they are already in breach and furthermore they are in breach of the 30 day deadline and they may face a legal action if they don't comply.

Get that after them straightaway. Don't set any deadlines. Let us know what you hear in about 10 days to 15 days and then we'll see about sending them a letter of claim and beginning a legal process.

I can imagine that once they look at it all they will understand the mistakes they've made and they will sort it out. If they don't, then it will go at least to mediation – but at some point they will understand what an error they've made.

I think that you could be thinking of claiming about £100 for distress because of their inaccurate data processing and also £50 for distress caused by their failure to comply with the disclosure rules.

Let's see how it goes.