should a customer expect a garage to be able to issue a duplicate inv from five years ago - when it is not computerised and the original was supplied at the time
Customers unreasonable expectations
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If you could find it quickly if HMRC VAT asked for it then no reason why you should not provide it to a customer.
It's about good customer service. AFAIK there's no legal obligation to provide a duplicate to a customer (happy to be corrected if I'm wrong about that).All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.
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Originally posted by Blue123 View Postshould a customer expect a garage to be able to issue a duplicate inv from five years ago - when it is not computerised and the original was supplied at the timeI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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Have you asked what it would cost to retrieve the box from storage and locate the invoice in question? And if so, have you offered to pay this cost? After all, obtaining a copy of this invoice is for your benefit.
You have not explained why it is thought necessary to replace this lost original.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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it isn't me that wants the inv but a customer from 5 years ago - the only reason they want it is for the history on the vehicle to show how much was paid then that's all - they are not a business - can I tell them costs will be incurred trying to find a file from so long ago ?
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Unless there is a contractual term agreed to supply lost copies, the immediate answer would be no, you are not required to comply with the request and you could make a reasonable charge for searching for it, although you would be wise to ask for the month and year when the work was performed. Reasonable rates might be based on someone's hourly rate since they are being diverted away from usual activities.
The customer could circumvent this by making a subject access request for any personal information you hold about that customer and you should comply within one month of the request. At that point, unless you are the data protection officer for the company I suggest you pass that on to the person in charge of handling SARs.
There are some special rules under the UK GDPR that means some requests are not covered. For example, unstructured manual data which is data that is not classified or organised in a particular manner such as the example given by Walesman01 above, would not be covered as part of the individuals rights to access data you hold. The key question is whether the data is part of a relevant filing system i.e. data that is structured in a particular way.
Based on what you describe, it's possible you could argue that you would not need to comply with a SAR from the customer on the basis that the information you hold about them is archived in an unstructured format and the UK GDPR does not apply to unstructured data. Of course, the customer could disagree with you and end up issuing legal proceedings for breach of your duties to comply. It would then be up to your company to provide evidence or other reasons why you do not need to comply and that the data being held is not part of a relevant filing system.
Finally, if this is a large company we are talking about, do you not have in-house lawyers you can reach out to for advice? If so, I would suggest you speak to them for further advice and guidance.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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Originally posted by Blue123 View Postit isn't me that wants the inv but a customer from 5 years ago - the only reason they want it is for the history on the vehicle to show how much was paid then that's all - they are not a business - can I tell them costs will be incurred trying to find a file from so long ago ?
Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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