Breach of Data Protection

[markyparky02]

Hi,

I have an ongoing complaint against a manufacturer's car dealership that sold us a damaged car.

To cut a long story short I eventually complained to the motor ombudsman and after a year they basically found in my favor but made sure they looked after the dealership.

I made a data access request to the ombudsman and dealership to find that the sales director of the dealership stated to the ombudsman that we had refused a repair to our car. This is an absolute lie and a strange statement to make as we were complaining to the ombudsman that no repair was offered. Clearly lying to the ombudsman to make me look bad and to influence the ombudsman's decision.

I made a data access request to the sales director asking for the evidence he used to make this statement and was ignored. I then made a complaint to the ico who then contacted the dealership.

I have now got a reply from the dealership stating that they have investigated the matter and found no evidence to back up this statement. They say the statement was made due to verbal evidence they had at the time but are unable to state when as they don't log calls - this is a lie as from the very beginning we told them we would only communicate via letter or email.

So I want to throw the book at them but where do I start - I would prefer to proceed to the small claims court but wouldn't know where to start. Should I use a no-win, no-fee solicitor?

Any advice would be much appreciated.

Thanks.

[atticus]

The thing about 'no win, no fee' is that if there is no win the solicitor doesn't get paid. Solicitors who offer these terms will want to vet cases and aim to back winners.

[dslippy]

You do not say where the claim for the car has been left. How much is at stake?

I assume the IC contacted them, pointed out their need to reply to you, and then they did reply - with the lie.

Since you have insisted that everything be written only, I assume that you can support what you say with such evidence.

A no win no fee solicitor will look at the damages you might recover, and any associated costs limit. Others will no doubt add to this.

[markyparky02]

Thank you both for your replies.

The background is that we bought a year-old ford focus from them. The car was in perfect condition when we viewed and drove it but had "developed" a large scratch down the driver's side when we collected it a day later.

The dealership tried to repair it 3 times using one of these smart repair companies but this made it look worse with paint runs and paint-covered specs of dust on the bodywork.

We made multiple written complaints but got nowhere so took it to the motor ombudsman. I don't know what everyone's view is of this ombudsman but they were bloody useless and it took them over a year to make a decision. They agreed with the dealership that a "goodwill payment" of £200 would be fair to cover the cost of the repair.

Jump forward to after the lockdowns and we take the car to 4 local decent car body repair companies - one of them was the dealership's own repair shop (we didnt tell them who we were lol). All of them said the repair was shocking and the quotes ranged from £760 - £980. We went with the cheapest who repaired the car to a high standard.

We have sent the dealership a bill for the cost of the repair and the train travel to drop off/collect the car.

We have had a reply and the dealership is saying that they will pay what we are demanding but only on the basis that we do not take any further action against them regarding this car and we must not make the matter public....... pretty strong demands considering that we are entitled to invoice them for the repair.

The issue regarding the dpa is that we can provide evidence showing we demanded all communication will be by letter or email. We feel it is clear that the sales director lied to the ombudsman in an attempt to sway their decision which they managed to do as we were only offered £200 despite them not assessing how bad the damage was.

Clearly, I am going to refuse their offer to pay our invoice on the basis that I will not stop any action against them. This also means that I can have them in the county court and ask the court to consider awarding extra considering the stress and time it has taken to resolve it over 4 years. Hopefully, because we can show they lied to the ombudsman we can either raise a separate claim under the dpa or it will support our claim for repayment.

Any thoughts would be much appreciated.

Thanks.

[dslippy]

Take the money and move on is always an option worth considering.

[markyparky02]

Take the money and move on is always an option worth considering.

Not on this occasion.

[markyparky02]

Does anyone have any advice please?

[atticus]

Should I use a no-win, no-fee solicitor?

Yes, if you can find one.

Otherwise, this handy government guide to making a court claim might help: https://www.gov.uk/make-court-claim-for-money

[pt2537]

Yes, if you can find one.

Otherwise, this handy government guide to making a court claim might help: https://www.gov.uk/make-court-claim-for-money

Rarer than hens teeth nowadays.

Do you have any legal expense cover on your home insurance? may be worth exploring.

[markyparky02]

Thank you for the further advice.

We do have legal cover on our house insurance but would prefer to fund any action ourselves rather than face increased premiums if we claimed.

Does anyone have any experience in pursuing a breach of dpa through the small claims court?

The ICO does mention court action on their website but I can't find anything to say how to actually bring a claim and google searches just brings up solicitors offering the nwnf model.

Thanks again.

[markyparky02]

All complaints are now settled.

Thank you all for taking the time to comment on this thread.