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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does the DPA 1998 prevent a trade only company who design and

Resolved Question:

Does the DPA 1998 prevent a trade only company who design and price a set of kitchen units including white goods, supplying me as a customer with the individual price of all the components on the grounds that my contract is with the installer,who I believe has overcharged me by over £1000.00?
If so how do I proceed to get the information that I need to determine if I have been overcharged,either by mistake or deliberate fraud?
Thank you,
Ken Stapleton.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You wish to use the Data Protection Act to obtain information not relating to you from a trade company, is that right?

Customer:

no I want to know if a trade only company can in law refuse to supply me with costings of a kitchen,because they are "trade only" the installer has refused to provide me with the costings.I have costings and estimates that suggest I have been charged for goods I have not been supplied with

Alex Watts :

The contract for the kitchen is between the trade company and the installer, is that right?

Customer:

Yes.

Alex Watts :

Ok - its bad news I am afraid

Alex Watts :

You can only use the Data Protection Act to obtain personal information about you

Alex Watts :

Sadly it has no application on any contract between the supplier and your installer

Alex Watts :

In reality there is no way you can find out the price the installer paid - it is a matter of contract between those two. It is nothing to do with you and further even if it went to Court the installer would not be obliged to disclose anything between him and the supplier

Alex Watts :

Sadly in the circumstances the Data Protection Act does not apply here

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: replied 2 years ago.

Thank you.

If I have evidence that I have been charged/invoiced for goods I said I did not want,what is my remedy to recover an overcharge of £1100.00.

Legal,small claims.What if I believe I have deliberately and knowingly been "defrauded"

Thanks

Expert:  Ash replied 2 years ago.
You rated POOR SERVICE and asked for more information, this seems inconsistent.
If you made a mistake then I am happy to continue as I know I have done it myself.
Expert:  Ash replied 2 years ago.
The DPA does NOT help you in this situation. This is a civil matter.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund 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?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.