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HELP! DPA breach

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  • pvt
    pvt Posts: 1,433 Forumite
    Cfliam86 wrote: »
    The DVD player had been purchased by someone prior to myself, that person was as equally satisfied (SIC) with the product and returned it to you for a full refund.

    Well that's an assumption isn't it? Perhaps Mrs Long opened it, dropped and damaged it, and then found it didn't work. And rather than take it back as "faulty" she slyly reboxed it and took it back without telling Argos it was faulty, and just asked for her 16-day refund.
    Cfliam86 wrote: »
    You then felt it appropriate to resell that unsatisfactory DVD player to the next mug who walked in looking for one (me).

    Or perhaps Argos simply made something commonly known as a "mistake"?

    Let's review this: If you want to shift something that's damaged and faulty would you give it to another customer? What would be the likelihood of that customer now suddenly find it working, or that the scratch was acceptable, and thus not return for a refund?
    Cfliam86 wrote: »
    Im sure your familiar with Argos return receipts, but just in case your not it contains, FULL card number, expiry data, customer address and signature, or as my friend Luke Booth eloquently put it. ‘everything you need to rinse the poor !!!!!’.

    Well, 'everything' except the CCV number, oh, and a person who would conspire to commit fraud by passing these details to a person willing to commit fraud.

    And it would be Mrs Long's CC provider that would be 'rinsed' - first post on MSE where I've seen a bank referred to as "the poor".
    Cfliam86 wrote: »
    if my complaint is not resolved by midday Wednesday 19th February to my satisfaction I shall be contacting the ICO and reporting you for a breach of DPA.

    That's almost a dictionary definition of "blackmail". A Crime far worse than an accidental breach of the DPA.

    Hmmmm. I wonder, perhaps, if that's what Jesus would have done?
    Cfliam86 wrote: »
    I also feel it is completely appropriate to contact Mrs Long and advise her what you’ve done with her data as I would appreciate the same courtesy so its possible at time of reading this the ICO have already been contacted.

    Oh dammit!! That would scupper the blackmail attempt, and would completely remove your perceived incentive for Argos to reward you with some compo....
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • Cfliam86 wrote: »
    Hi

    Not sure if this is the right place to post, but on Sunday I bought my daughter a portable DVD player for Christmas (yes, I know you're thinking.. But Liam..it's February) long story short, my ex and I split up and I only get to see her once a month.. This was the first time since the beginning of December (shocking enough)

    Anyway.. She got home, and my ex rang to say the DVD player was chipped and the screen was broken, why was I buying her second hand goods .. I had the box in the car (she took the DVD player out to have a look.. As you do as a 4 year old) anyway, she was devastated it wouldn't work.. So naturally I look in the Argos bag / bush DVD player box - low and behold ANOTHER CUSTOMERS returns receipt. (Store copy) With address, full credit card number, expiry date and signature on it.

    The DVD player was taken back 21 January I bought it 17th February. So it's been idle in their shop for almost a month and they've re-sold damaged goods to me.

    I've posted in their Facebook wall my complaint and received over 100 likes in under 24 hours and numerous complaints. I've had them follow me on twitter and I've had an email from Gilian Galpin asking for a copy of the customers receipt.. And to phone her. I said I want all comms in writing, sent a pic of credit receipt and damaged DVD player photo.

    Just after some advice of what the next steps should be?

    My daughters so upset she hasn't got a "main Christmas present" from me... I'll be seeing her next March 9th.

    Can you post a link to the fb post on Argos' website so that I can see what Argos' response has been so far?
  • snowmaid
    snowmaid Posts: 3,494 Forumite
    Daxx wrote: »
    You cannot make a data protection complaint...it is not your information that has been breached.

    If you choose to contact the other customer then it is up to them what action they take.

    So your only issue is the faulty goods which you can follow up either by ringing head office (not using social media) or going into store. If they refuse to deal with your issue thats a different matter, but until then you have no reason to kick off.

    Yup, quite correct. I'm not sure why the poster is upset as to the breach as it is not their personal data, although, it could have been anyone of us who's data had been breached. The company has a duty under the 7th Data Protection Principle to keep personal information secure. The poster could report this breach to the ICO, but will certainly not receive any monetary compensation for it. The person who's data it is, however, can make a complaint to the company, who should conduct an investigation into how the breach occured and how they will prevent such breaches occuring in the future.
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