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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I tried to book a Eurostar ticket via the phone using points

Customer Question

Hi, I tried to book a Eurostar ticket via the phone using points from my Avios account, but was short with some Avios points to complete this booking.
They gave me an option to use some points from my wife's avios account once they will have her confirmation via the phone.
I first called my wife from a different phone line to update her with this booking and to double check that she remembers her account details to be able to confirm. I then gave them my wife's phone number, and they told me they will re contact me once confirmed with my wife. but my wife never received any phone call from the avios team.
I then received a phone call from the Avios team saying that they are unable to go ahead with this booking, because there under heard my phone conversation with my wife where I handled over all her account info so as a data protection reason they can't book my tickets.
They agreed that they only heard my voice on the phone and not my wife
Is that legal?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

So they never spoke to your wife?

Customer:

no

Alex Watts :

I am not sure what are you asking is legal, which part?

Alex Watts :

The fact they refused to book because they never spoke to your wife?

Customer:

1)to refuse to make a booking, and they said they will not allow me to book in future (meanwhile) via my wife's account

Alex Watts :

Ok - its bad news

Alex Watts :

If they didnt speak to your wife then yes they can't allow you to book with her details

Alex Watts :

This is because it could be breach of Data Protection

Alex Watts :

If your wife allowed future bookings and Eurostar accept this, this is ok

Alex Watts :

Can I clarify anything for you?

Customer:

But they refused to give her a call after that to confirm with her !?

Alex Watts :

That in itself is not illegal

Alex Watts :

It may be poor service, but not illegal

Customer:

If they decide not to book me a ticket for no reason. is that legal?

Alex Watts :

Yes

Alex Watts :

They dont have to accept any booking from anyone

Alex Watts :

Can I clarify anything else?

Customer:

what legal steps can I take from here to publish this bad and poor avios service?

Alex Watts :

You can do anything you want as long as what you say is true

Alex Watts :

You can complain to Trading Standards

Alex Watts :

I am sorry its not better news but I have a duty to be honest

Alex Watts :

Can I clarify anything else?

Customer:

can I legally publish they avios customer support names?

Alex Watts :

Not full names no

Alex Watts :

They are also entitled to privacy

Alex Watts :

For example you can say you spoke to Alex W

Customer:

first names and surname initial?

Alex Watts :

Yes

Alex Watts :

Can I clarify anything else for you?

Customer:

no, thanks

Alex Watts :

Great.

Alex Watts :

Can I invite you to rate my answer before you go

Alex Watts :

If the system wont let you, please do say

Alex Watts :

If you need more help please click reply

Customer:

I will, but last time you had more patience

Alex Watts :

I am keen to make sure your question is answered before you go.

Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

am trying to enter the website from Trading Standards, can you guide more specific how to get there please?

Expert:  Ash replied 3 years ago.
Try http://www.tradingstandards.gov.uk/

Or your local Council may be able to put you through.

Does that help?

Alex

Customer: replied 3 years ago.

All I need is a website for complains....

Expert:  Ash replied 3 years ago.
http://www.tradingstandards.gov.uk/

Customer: replied 3 years ago.

Hi, I tried to login into mine avios account, but no luck... I then chatted to a member of the avios team, and they confirmed that my account is disabled(please see below conversation) . but They don't have any legal reason to do this?


[Matthew] Hi, my name is Matthew, how can I help you?

[Visitor] I am trying to login but it's not working

[Matthew] I can help you with this.

[Matthew] Do you know your membership number?

[Visitor]xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[Matthew] Thanks.

[Matthew] For data protection can you confirm your full name (including any middle initials), postcode and first line of your address, your date of birth and your email address please?

[Visitor] xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[Matthew] Thanks.

[Matthew] I have just checked your account and the access on your account has been disabled.

[Visitor] why????

[Matthew] This is due a data protection issue earlier on today. I am unable to discuss the account or access the account.

[Visitor] that's very strange.... I need to know how much longer will that be?

[Matthew] There is no specified time.
Expert:  Ash replied 3 years ago.
You need to write and ask for an explanation. So write formally and complain.

Legally can they lock the account - yes.

Alex

Customer: replied 3 years ago.

Now, is it not against my privacy to under hear and make use of a recording conversation between myself and another person in background while the part of this recording is nothing directly connected to my conversation between me and the agent? please note, this recording wasn't during a phone call to my wife to confirm... it was during my phone call.

Expert:  Ash replied 3 years ago.
I do not quite understand?

Customer: replied 3 years ago.

is there no privacy protection for me to blame avios to use recorded conversation between me and another person during a phone call between me and them ?

Expert:  Ash replied 3 years ago.
If they disclosed it to a third party without consent - possible.

Does that help?

Alex

Customer: replied 3 years ago.

and about the fact that they make use of it for the own decisions?

Expert:  Ash replied 3 years ago.
That makes no difference, it is not being disclosed to anyone. It can be used internally.

Alex

Customer: replied 3 years ago.

can you give me advice how to manage to make a claim against them?

Expert:  Ash replied 3 years ago.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?
Customer: replied 3 years ago.

but the issue is not money, its about closing my account and misbehavior

Expert:  Ash replied 3 years ago.
Yes. But you can ask the Court for compensation because of this. A Court wont make them open your account - its a commercial organisation, they can accept who they want.

Customer: replied 3 years ago.

how much compensation will it make sense to claim for this case?

Expert:  Ash replied 3 years ago.
I can't say it will be less than £10,000