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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59670
Experience:  Qualified Solicitor
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I had made a purchase for 4 mock KS1 papers online without

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Hi,
JA: Hi. How can I help?
Customer: I had made a purchase for 4 mock KS1 papers online without realising that the person selling the papers had just bad content and papers were printing 2 on one page. As the payment was made via paypal, I requested for a refund via paypal but in return the person who was selling these papers sent a threatening message to file a case of defamation.
JA: Where are you? It matters because laws vary by location.
Customer: I am based in Slough UK and the seller is from Coventry
JA: What steps have you taken so far?
Customer: I have just received the message from the person and have not taken any steps
JA: Anything else you want the lawyer to know before I connect you?
Customer: well the person researched my personal information based on my details that I had provided while registering and posted the same on the message via Paypal without my consent.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What do you want to know about this please?

Customer: replied 3 months ago.
Hi Ben, I just wanted to know whether someone can access my personal information without my consent using the details provided while registering on their site and then threaten me with legal action and stating that they would use my home address for all communication?
Customer: replied 3 months ago.
This is the message that I had sent via Paypal: I purchased sample papers from this seller and received pdf's which were unusable as the content is below standard and the print gives 2 pages per sheet which is unreadable for kids (without an option to print one page per sheet ).I have attached the pdf's that the seller had delivered as part of the purchase.This seller is scamming people into buying items which are below standard and do not match the standard papers available from other sellers like CGP. The pricing of these papers matches the pricing for the other best standard papers which is just a sham.
Customer: replied 3 months ago.
The seller replied back with this message: Hello Shailesh,
The papers purchased as were described with hundreds of satisfied users. This is the first complaint ever. Not only did you download them you wanted them again.
After the SATs had been completed you seek a refund.The description clearly stated:
"This pack contains 78 pages condensed to 2 pages per sheet (39 sheets), so can be printed on 20 sheets of A4 paper printed double sided."At no time did you make contact and request a non-condensed copy. As an Informatica Consultant, surely you had the basic intelligence to print at 200%.
Your attempt is simply a means to purchase goods, use them and seek a refund.
The correct manner to resolve this is in court. Please file a claim in the small claims court. The easiest way is via Money Claim Online.
You will note any attempt of charge back will result in a £25 fee plus original purchase price as per terms and conditions. All purchasers agree to terms and conditions by ticking a box before purchase.Take this message as a letter before action that we intend to resort to legal action if you
attempt to initiate a charge back. We do not need the money, but will do so against individuals we deem aggressive and unreasonable. We deem you as such.
Your comments are also defamatory and you are put on notice that any attempt to repeat allegations of scamming will result in legal action in the High Court for defamation.I am aware as you are an Informatica consultant, you may be able to pay the £50k legal fees. But we too are equally able to pay and will do what is required to protect our reputation.We are happy to spend thousands pounds, which we may not recover, litigation.
We will use your 3-bedroom semi-detached house for correspondence. Any negative finding against you will be recorded and I am sure you will be required to reveal it to RBS. We offer no refund or resolution.I suggest you seek legal advice.- Alpha-Tek Associates Ltd, Tuesday, 4 June 2019 at 15:33:59
Customer: replied 3 months ago.
I have now replied back with this message:Hi,My personal information should not have been accessed and displayed in these msg's without prior consent.I had made all attempts to print these papers but they were not printable at all even with a 200% scaling and changed orientation. Please try and attempt the print yourself before making derogatory comments.The papers were completely unusable and hence, I have asked for a refund. The message you have posted is a personal attack on me, after researching on my personal background which was completely uncalled for and can be challenged as well. You are dealing with customers by selling these papers and should be ready for both positive and negative feedback.Also this is not the first case:https://www.coventrytelegraph.net/news/coventry-news/dad-who-leaked-11-exam-13327458https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/38752-county-council-granted-fresh-injunction-over-11-exam-information- Shailesh Chaudhri, Tuesday, 4 June 2019 at 15:53:33
Customer: replied 3 months ago.
Please suggest what are my options?

In what way did they access your personal information?

Customer: replied 3 months ago.
The person researched my details using the information I had provided while registering and then posted this: "I am aware as you are an Informatica consultant"I had not mentioned any such details at the time of registration.He then goes on further saying: "We will use your 3-bedroom semi-detached house for correspondence. Any negative finding against you will be recorded and I am sure you will be required to reveal it to RBS."
Customer: replied 3 months ago.
All these details were researched based on the information provided and then sent in communication in a threatening manner which was personal rather than formal.
Customer: replied 3 months ago.
This seller also has the following cases against him:https://www.coventrytelegraph.net/news/coventry-news/dad-who-leaked-11-exam-13327458https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/38752-county-council-granted-fresh-injunction-over-11-exam-information
Customer: replied 3 months ago.

There is nothing stopping them from using your details they have, like name for example, to search online for who you are. If I had any personal details about you myself I could do that too. They cannot share your data with others but for their own benefit they can search around if they wanted to.

In term of taking this further, what they have said is more or less correct. You will be expected to submit a claim in the Small Claims Court to pursue them for compensation for the money paid or any other losses. Do not worry about defamation as long as you stick to the facts.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

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