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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71034
Experience:  Over 5 years in practice
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HI Sorry to disturb you. The company i work for arranged

Customer Question

Sorry to disturb you. The company i work for arranged for me to do a driver cpc course with a local training company. The instructor asked me to fill in a form with my address, DOB, gender etc. At the bottom of form it said my information would be shared with DVLA and others to offer products i may be interested in. It also said i could opt out of this at any time but, there was no visible way of doing so. I asked instructor how and he said. 'For f**ks sake sign the form or f**k off'. I left with the form. It was a Saturday. I rang the training company only to have a very young female manager rant at me how it was my fault. I want to take them to civil court to compensate me for a wasted Saturday. Can i do this myself or must my company do it as they had the contract with them. I would really appreciate your help. My name is***** am a 52 year old skip driver from Cardiff. I lived in Aldershot for 35 years after leaving the Army. Thanks in advance.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I'm really sorry if I'm missing the point but on what basis?

The course was available for you? You just didn't take it because you found their attitude objectionable?
Customer: replied 3 years ago.

Hi Jo.

Sorry it took so long to get back to you. The form i was asked to sign had no visible way of opting out of sharing my information with marketing firms. When i asked the instructor how to opt out he said. 'Do you work for the CIA or something'. I said. 'No'. He then said. 'Are you worried the DVA are going to send you offers for socks'. I said.'No. The DVA don't deal with socks but the others may do. Stop the sarcasm. Lets not get off on the wrong foot. Just tell me how to opt out'. Then he said. 'Sign the form or f..k off'. This was in front of 8 of my colleagues. I then walked out. At the bottom of the form it is clearly written that i can opt out of sharing my information at any time. I phoned the training company to complain but, they refuse to speak to me about the incident saying that their contract is with the company i work for. I attended the course at my place of work on my day off and feel i am owed for a wasted saturday. It was really embarrassing being spoken to like that in front of workmates. Especially as the instructor was a little troll like creature and i am a 15 stone gym fit kickboxer. Can i take them to civil court or does the company i work for have to do it. I would prefer to keep the company i work for out of it.

Expert:  Jo C. replied 3 years ago.

I'm really sorry but you have no claim.

The course was available to you. You choose not to do it for reasons that might well be understandable but do not amount to a breach of contract.

In any event, come what may, you are not talking about reclaiming the price of the course. You have no claim to that either I'm afraid. You are seeking to be compensated for having to attend their offices and I'm afraid there is no claim for that even if they were in breach.

I'm very sorry but thats if your position.

If you complain they may offer something in the interests of good business but if you sue then you will lose and you could end up paying their costs as this claim has no merit.

Can I clarify anything for you?

Customer: replied 3 years ago.

What about the data protection act. There was no way to opt out of them selling my information to marketing firms. I thought you couldn't do that. Don't forget it said on the bottom i could opt out at any time. Usually there is a box to tick. There was nothing on this form. Is what your saying that i have no choice about what company's do with my personal information.


Worried Welshman.

Expert:  Jo C. replied 3 years ago.
That is a non issue. Even if that were correct, its a very technical breach and the course was available.

The right thing to do would have been to sign and then complain to the ICO.

I'm very sorry.
Customer: replied 3 years ago.

That's bad news.



Expert:  Jo C. replied 3 years ago.
I know. I'm very sorry.

For what its worth, it is better than suing them and being whacked with their costs.

No problem and all the best.

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