Caris Posted September 5, 2009 Posted September 5, 2009 I'll cut a long story short. I bought a Macbook months ago at a popular electronics shop. I took it back as it was broke, kept freezing and got a refund. I have just got a call from some guy who bought a macbook also a few month ago saying it had all my details on. (He's been away so has just got round to using it). He has my name, number, email, address and god knows what else. Not only did the store sell this man a second hand item for new price, they have gave away all my personal details which is obviously against the data protection act. I'm so pissed it's unbelievable, what should I do NE? My mam thinks I could take legal action if I wanted. Help.
ReZourceman Posted September 5, 2009 Posted September 5, 2009 I'll cut a long story short. I bought a Macbook months ago at a popular electronics shop. I took it back as it was broke, kept freezing and got a refund. I have just got a call from some guy who bought a macbook also a few month ago saying it had all my details on. (He's been away so has just got round to using it). He has my name, number, email, address and god knows what else. Not only did the store sell this man a second hand item for new price, they have gave away all my personal details which is obviously against the data protection act. I'm so pissed it's unbelievable, what should I do NE? My mam thinks I could take legal action if I wanted. Help. Legal action the fuck out of it. Its in complete and utter breach as much as it could be of the 1998 data protection act. :p Yeah. Definitely legal advice it, they're fucked, completely un-get-around-able for them. Also thank your lucky stars the guy who got them isn't a douche. Oh and don't contact the retailer before hand. Let the first contact they get be from the solicitors.
Cube Posted September 5, 2009 Posted September 5, 2009 First of all, I would change everything I could (Passwords, Credit Cards, etc). Just in case. Secondly, you can probably get something out of this.
Ashley Posted September 5, 2009 Posted September 5, 2009 Surely its as much your responsibility to wipe everything as it is theres? (Unless it was completely inoperable)
Diageo Posted September 5, 2009 Posted September 5, 2009 If it stopped working completely then there was nothing he could do to wipe it.
Ashley Posted September 5, 2009 Posted September 5, 2009 Sorry maybe not responsibility per say but if I was getting rid of something I think it would be logical to remove personal details myself and I can see them coming back to any reputes with this kind of response.
Caris Posted September 5, 2009 Author Posted September 5, 2009 Well I'm pretty sure I did remove most stuff, but if I forgot something in a folder or something like that this new lad has it. It's more the point the they should have wiped it and it's illegal not too.
Goron_3 Posted September 5, 2009 Posted September 5, 2009 Go to a lawyer; seriously you could get quite a bit for this because of the data protection act.
AeroScap Posted September 5, 2009 Posted September 5, 2009 Surely it was nice of him to contact you. The fact that the laptop was sold as new despite the fact that it was 2nd hand has got contractual breaches between the boy and the shop already!! In regards to your data its a little bit more complicated.. Kinda like the difference between hacking into something and stealing data for malicious use and hacking into something but not doing anything with the data. One situation used the data in a bad way. Mind telling us the store, so everyone can steer well clear of it!
ReZourceman Posted September 5, 2009 Posted September 5, 2009 Surely it was nice of him to contact you. The fact that the laptop was sold as new despite the fact that it was 2nd hand has got contractual breaches between the boy and the shop already!! In regards to your data its a little bit more complicated.. Kinda like the difference between hacking into something and stealing data for malicious use and hacking into something but not doing anything with the data. One situation used the data in a bad way. Mind telling us the store, so everyone can steer well clear of it! Or go straight there!
Wesley Posted September 5, 2009 Posted September 5, 2009 Okay, well, as for what Ashley was saying I'd of also removed everything: completely. But, it still doesn't mean it's your fault or anything, no ones trying to say that. I don't even know why I'm typing this, when really what I should be saying is the following: You and your new found friend need to go to a lawyer and make a joint case against this retail giant. Proper fucked, yo. Breaks so many laws... ...and my heart.
Raining_again Posted September 5, 2009 Posted September 5, 2009 A lawyer will cost a small fortune to employ to take on the case..
Wesley Posted September 5, 2009 Posted September 5, 2009 No win and no feeeeee eeeeeet. Or. Go to citizens advice, they actually help out with this kind of stuff.
Caris Posted September 5, 2009 Author Posted September 5, 2009 Or. Go to citizens advice, they actually help out with this kind of stuff. Ah ha! Why didn't I think of this before? I'll go first thing Monday. Cheers.
kyletherobot Posted September 5, 2009 Posted September 5, 2009 As he knows your details, explain to him that its only fair if you have his and then rob him blind.
Caris Posted September 5, 2009 Author Posted September 5, 2009 I think people have the wrong idea of what happened, the man who has my details was sound on the phone. He's taking the laptop back and complaining, he rang me up to let me know what had been going on. I'm mad at the retailer, not him.
Beast Posted September 5, 2009 Posted September 5, 2009 I would change passwords and stuff just in case and, if it was me, I would totally take legal action. It's a big thing forgetting something like that!
Cube Posted September 5, 2009 Posted September 5, 2009 I think people have the wrong idea of what happened, the man who has my details was sound on the phone. He's taking the laptop back and complaining, he rang me up to let me know what had been going on. I'm mad at the retailer, not him. How do you know that nobody used it before it was sold to him? Sure, nothing will probably happen, but it's best to be safe.
McPhee Posted September 6, 2009 Posted September 6, 2009 (edited) Are you serious? Of course it's not. It is kinda common sense. I took the HDD out of my Acer laptop every time it went for repair (all 5 times, steer clear of Travelmates). You should really wipe any hard drives using specialist tools before returning to a shop/selling on/sending to the dump, otherwise some smart sod is always going to get to your data. However it doesn't excuse the store from blame. On a legal standing it was them that screwed up. As people have said, Citizens Advice Bureau. It'd also have been helpful if you could stop this guy taking the laptop back to the shop, it's a vital piece of evidence. He could probably sue on the same court case. Edited September 6, 2009 by McPhee
Rummy Posted September 6, 2009 Posted September 6, 2009 Goddamn, you just made me realise I had a dream I had a macbook. I definitely do not have a macbook, and now I am sad. THANKS FOR SHATTERING MY DREAMS DUDE. Srsly however, totes agree with you. I take Ashley's point slightly, but considering you were returning such a product to a shop as a refund, I would never have expected this to happen. Were you selling it on or trading it on to be sold 2nd hand etcetc, then maybe I would have, but this is unbelievable.
EEVILMURRAY Posted September 6, 2009 Posted September 6, 2009 How long had you owned the Macbook? Because I'd like to know the time frame that passes which changes from "product customer found defective" to "second hand"
James Posted September 6, 2009 Posted September 6, 2009 (edited) Why do people scare away from mentioning these 'popular shops'!!! just give a name. Its a n-europe forum, not consumer watchdog dot com Plus you do know what legal action involves? Money and time, lots and lots of time, it wouldn't be worth it for your own and your familys health. Plus they'll be able to produce a document in seconds stating that it is your responsibilty to clear the HDD(probably) Edited September 6, 2009 by James
Dannyboy-the-Dane Posted September 6, 2009 Posted September 6, 2009 Why do people scare away from mentioning these 'popular shops'!!! just give a name. Its a n-europe forum, not consumer watchdog dot com Plus you do know what legal action involves? Money and time, lots and lots of time, it wouldn't be worth it for your own and your familys health. Plus they'll be able to produce a document in seconds stating that it is your responsibilty to clear the HDD(probably) I see what you mean, but as soon as everybody takes that stand, the capitalist corporations have won. Just because they have money and power, it doesn't mean they should be allowed to get away with something like this.
nightwolf Posted September 6, 2009 Posted September 6, 2009 I'd personally see what citizen says, you might be able to get conpensation straight from the company themselves rather than sueing them. Doesn't hurt to try.
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