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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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On the 2nd of October 2015, I placed an order at www.xldata.co.uk

Customer Question

On the 2nd of October 2015, I placed an order at www.xldata.co.uk for some marketing data. This was a personal purchase and was made under my name and using my personal home address. However, in error, I entered my work email address into the form.
The company emailed me the data to me on 5th October 2015 and included an invoice which was due for payment within 7 days. I noticed that the invoice had the name of my company on it, albeit, the other details were correct (my name and home address) and because I didn’t foresee any issues with the purchase, on 11th October I made payment via BACS to the details provided on the invoice from my personal bank account. The total sum being £948.00.
On the 12th October, I received an email from the company advising that payment had not been received – I advised the company that I could see the payment had been made and that they should expect it over the next couple of days.
Over the coming days, infact every day, the company emailed me (the same person – Mr Clive Brown), advising payment hadn’t been received, I confirmed time and time again with my bank that it had been sent, however, there was a question about the success of the transfer that was raised by one person at the bank who advised usually a confirmation message is seen by the sender to confirm payment had been received successfully by the recipient, this was not present for this payment – the bank began to look into the payment.
On 20th October, after a barrage of emails and phone calls, which got increasingly curt in tone, I emailed the company advising that I would like to cancel the purchase and confirmed I had not used the data and it had been deleted from my computer. The company refused to accept this.
On the same day, I received an 2 emails from Mr Brown advising that he was to instruct his solicitors to commence legal action, not against myself, the purchaser, but against my employer, when I questioned this and reiterated that my employer had nothing to do with the purchase and that in any case, I was not an authorised purchaser and furthermore no purchase order was generated by the company, this was ignored. On 21st October a Letter before Action was issued to my employer.
I have repeatedly sent proof of initial payment (screen shot of online banking statement) and advised again and again that this was a personal purchase, but the company continued to proceed and finally made direct contact with my employer where they forwarded all emails and correspondence from myself and made a demand for payment, threatening legal action through the county court.
On 28th October, I received a phone call from my employers CEO, who was understandably, very angry, demanding to know why I had ordered data under the company’s name – I clearly explained I hadn’t and that it was a personal purchase, in his anger he demanded that I had 15 minutes to get rid of my employers liability or I would be asked for my resignation. Clearly, only being 3 months into my employment and totally taken back by the whole situation, I called Mr Brown, under the supervision of a member of senior management and paid another £948.00 by debit card, I also reminded Mr Brown that I didn’t have the data and that it had been deleted.
To additionally clarify, there are no terms and conditions at point of purchase on the website at all, or on the invoice.
My questions here are:
• I do not want to continue with this purchase – my experience has been appalling
• I have suffered great defamation of character at work and loss of trust and respect from my employers/colleagues
• My personal affairs/information/purchases – my data – have been shared with my employer without my authority.
Ultimately, I want my money back and the purchase cancelled – I am now £1,896.00 out of pocket, with nothing to show for it apart from a damaged reputation and my employment at risk.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve?
Customer: replied 1 year ago.
I'd like to cancel the purchase and receive a full refund plus redress for breach of data protection in that they contacted my employer
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund and compensation 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 and compensate 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Under what point of law should I refer to

Expert:  Ash replied 1 year ago.
Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.
Alex
Customer: replied 1 year ago.

Is this still relevant?

From 1 October 2015 The Supply of Goods and Services Act was replaced by the Consumer Rights Act.

Expert:  Ash replied 1 year ago.
Yes you can also claim under the Consumer Rights Act too. But S.13 seems the best one from what you have said.
There is also breach of the Data Protection Act for which you have a claim under.
Does that clarify?
Alex
Customer: replied 1 year ago.
Relist: Answer quality.
Vague answers and referring to points of law that are not relevent
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was there something specific you wanted to know about this ?

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