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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13344
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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GDPR, UK, EMAILS, Like advice of data protection law

This answer was rated:

GDPR
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: EMAILS
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Like advice of data protection law

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

What is your specific question please?

Customer: replied 4 days ago.
Hello, this is regarding a kitchen/bathroom fitter who took 90% down payment and did not complete my job, and make a number of errors costing me a lot to put right. I am keen to get the receipts for my appliances, which I purchased from Benchmarx as when my cooker failed 3 times they did ask for receipts but the fitter blocks me from receiving them, also I am interested in how much profit he made from my purchase as well as I am considering small claims court.
Customer: replied 4 days ago.
To the Manager, Benchmarx, Kenley branch,

In July 2019 I spent in the region of £11000 in person directly to Benchmarx for products.

I would like to receive individual receipts, showing date and prices for my purchases.

I would like to bring to your attention The Data Protection Act 2018 Schedule 2 Part 1 Para 5 (3)(b) on the grounds that I intend to seek advice on how to proceed with recovery of what I have paid against the the fitter.

The listed GDPR provisions do not apply to personal data where disclosure of the data—

(a)is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),

(b)is necessary for the purpose of obtaining legal advice, or

(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights, to the extent that the application of those provisions would prevent the controller from making the disclosure.

Kind regards,

Mandy Hopkins
Customer: replied 4 days ago.
Hi Mandy,

I hope you are well and thank you for your patience while I looked into this for you.
With regards to your previous email in which you cited the data protection act 2018, this would not apply in this case as that relates to personal data whereas you are requesting company data, the account holders account information and receipts.
The contract of sale is between Benchmarx and the account holder, Benchmarx have an obligation to keep this information confidential between two companies.

We are a trade only company, to purchase through us you require a trade account. In your case you have used Edlin Services, who have authorised you one time access to get your kitchen quoted on their Benchmarx Trade Account. It does not allow you access to their invoices or future use of the account that is unauthorised.

I would suggest that if you want access to this information you request this from your fitter.

When was the job done?

Customer: replied 4 days ago.
August 2019 was the purchase from Benchmarx
Customer: replied 4 days ago.
Sorry July purchase August for fitting
Customer: replied 4 days ago.
Benchmarx initially told me they could not provide me with any details due to GDPR
Customer: replied 4 days ago.
The fitter stripped my toilet, sink and has left us with no toilet, sink since August, there was faulty plumbing we had a big water leak over the new kitchen and he damaged my worktop and asked me to pay for a new one and other materials (already included in his quote) to finish the job as he claims poverty

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 4 days ago.
Hi Sophie,

I was unaware of this, its upsetting as we made two direct payments to Benchmarx, first payment my husband made on his credit card, and rest as cash in the branch.

It is a very difficult situation with the fitter, who messed up my worktop and left the work unfinished since August, claiming poverty and has asked me to buy a new worktop (to replace the one he damaged) plus other materials which were already in the original quote and now we are potentially facing a legal battle.

I phoned Benchmarx a couple of days ago to find out how much worktop I would need to replace the existing one, and your colleague was very rude to me on the phone.

I got the fitters (Edlin Services) business card from your branch, and I was led to believe that I would pay Benchmarx separately for my kitchen plus pay the fitter separately for labour (which I did).

My fitter told me soon after starting work that if I had gone directly to him for my kitchen that he could have got me a much better price, inference being the two transactions were separate.

He also told me that there is lots of corruption, especially with cash payments, that goes on with all the kitchen companies so I do have some concerns.

I will need to know from a legal standpoint if and how much money my fitter actually made from my job, over and above the £5.5k I paid him separately.

We still have no hob, no toilet, no sink, and I have been plunged into a deep depression, these are just some of the issues not to mention no storage space for the long splashbacks which have been left to soak in my back garden for months. A door which was not put on my special needs son tripped and fell onto today and is now broken.

My cooker has broken down three times and I have waited for appointments to have it repaired and again this time a week and a half for and engineer.

The edge of my worktop is chipped away and I believe is poor quality and not fit for purpose, I can send photos.

I would really like to obtain the information and I will need to seek further legal advice.

Kind regards,

Mandy Hopkins
Customer: replied 4 days ago.
Hi Mandy,

I genuinely sympathise with the situation you are in, to be without a kitchen is stressful enough for the time being fitted, let alone three months without a bathroom or kitchen.
You have to understand from a Benchmarx perspective, we are a supply only trade business and whilst I can understand your frustration, we are not liable for Edlin Service's work as he is not affiliated with Benchmarx other than being an account holder. If you are unhappy with our products prior to fitting then that would fall under our remit but if you aren't happy with how product has been installed by your fitter, then that is something you have to discuss with the fitter not Benchmarx.
As mentioned in my previous email, if you wish to obtain the documents you feel you require, then you will have to speak to the account holder to release these to you.

In regards to the worktop price, from what I understand you spoke to my Assistant Manager who explained that without a trade account we wouldn't be able to cost up your worksurfaces. This is correct, as mentioned in the previous email we wouldn't be able to use
Edlin's account without his consent, I apologise if you found him rude but we are bound by the fact we are trade only and you were attempting to use someone else's account.

With the oven, if it was in it's packaging or damaged prior to being fitted we replace it but once this is connected by a fitter to mains electrics it would fall under the manufacturer's warranty. If you are having trouble with the manufacturer by all means get in contact with us as we can speak to them to see if we can push a repair along for you. I can see that you had Zenith worktops, which I understand were incorrectly fitted by your fitter, these are a solid work surfaces so it is very rare for them to chip away, if you could send pictures across so I can take a look at the damage.

Kind Regards,
Customer: replied 4 days ago.
Dear Sophie,

Thank you for your email.

I do understand your position.

With regards to the telephone call with the assistant manager, I was asking how much worktop I would need to replace the one I have, as I was unsure how many I ordered before and I am getting nowhere with Mr Ashraf Ahmed (Edlin Services) who refuses to send me any information with regards to my order at Benchmarx so why the secrecy I do not know?!
The assistant manager was very rude and I have automated phone recording so I can share the phone conversation, at no point did I request access to his account, in fact I made it clear that I was not looking for a price!
I have spoken to the manufacturer Candy, who insist I request a replacement from Benchmarx, they have requested I return it to the store for a replacement, I can also show the recorded telephone conversations from Candy who have said in order for me to claim on the manufacturers warranty that it needs to go back to the store it was purchased from, at this point I will need to discuss the matter with Trading Standards with regards to my consumer rights.
The worktop has chips right along the front, and the length was not cut by the fitter, again not fit for purpose, I will send photos.

Kind regards,

Mandy
Customer: replied 4 days ago.
Hi Sophie,

Attached pictures.

As you can see the fitters errors... when a bolt protruded up, he thought he could hide it by sanding it but made it worse as its not a product which can be sanded!

There are also two bolts holes (which he used to attach the undermount sink) came through the draining groves which he filled with grey filler.

The joins were obviously done incorrectly and the top layer has lifted?

But the front of the worktop he never cut as it was the correct standard width, if you zoom in you can see the chips along the front which go all the way along the whole length (pictures taken the day after install) which was ignored at the time since the fitter promised to purchase a new worktop for me, which is why I did not raise this with Benchmarx at the time.

I have now decided I would like to replace it with the same (since I cannot afford quartz or any other) but I do have concerns regarding the quality of the product.

Regards,

Mandy

OK so how do you believe the data you are after personally identifies you, because that is the only way you can request it under the DPA. Based on what you have said so far it does not appear to be personal data subject to the DPA

Customer: replied 4 days ago.
Hi, its not my personal data its my fitters account

Exactly, that is not something you have access to under the GDPR or any other laws…

Customer: replied 4 days ago.
I am needing receipts for my 11k purchase (which went through his account)

There is no legal right to get these, you do not have a legal right to ask for receipts that is the point and the request for disclosure under the DPA or GDPR is entirely misguided

Customer: replied 4 days ago.
Even though it was my money? No way to get these?
Customer: replied 4 days ago.
I paid the bill and have no proof of my purchases

Only with his consent, I'm afraid. It may be your money but you are not directly buying the goods and are entrusting him to do that himself. It makes no difference how much profit he made from you, what matters is what you had agreed to get the work done for. I am sorry but all you can do is ask for him to issue you with receipts, not legally force him to do so

Do you need to know anything further about this please?

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 2 days ago.
Thank you for your replies

Hi'

Thank you for your query. Would you still lile assistance with this?

Customer: replied 2 day ago.
It seems there is nothing I can do anyway but thanks

It's a pleasure.

Good luck!

chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13344
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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