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**Mis-sold car **. Sold car that turns out to have been involved in accident and repaired poorly

135

Comments

  • NSG666
    NSG666 Posts: 981 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    k3lvc said:
    NSG666 said:
    Th02msn said:
    NSG666 said:
    Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.
    Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.
    Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.
    It has changed - hence why I always ask to see V5 to compare details with car and take some details - once it's gone to DVLA you've no access to previous details
    It is illegal to keep people's details on any kind of database without their consent.  The law doesn't differentiate as to commercial or private.  If you contacted me enquiring about a car I'd sold to a dealer you would get short shrift and no cooperation.  If I wanted tyre kickers calling, I'd take the premium of a private sale.
    Thanks for that - you've given me an excellent excuse not to send any Christmas cards!
    Sorry I can't think of anything profound, clever or witty to write here.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    k3lvc said:
    NSG666 said:
    Th02msn said:
    NSG666 said:
    Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.
    Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.
    Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.
    It has changed - hence why I always ask to see V5 to compare details with car and take some details - once it's gone to DVLA you've no access to previous details
    It is illegal to keep people's details on any kind of database without their consent.  The law doesn't differentiate as to commercial or private.  If you contacted me enquiring about a car I'd sold to a dealer you would get short shrift and no cooperation.  If I wanted tyre kickers calling, I'd take the premium of a private sale.
    Before claiming 'illegal' for individuals would you like to share the specific legislation (and definition of a database)

    Obviously it's your right to ignore/give short shrift but the previous owner who'd lost their phone down the side of the back seats of a car I purchased was more than happy to have it back
  • GDPR certainly does apply to individuals as well as companies but article 2 of the GDPR states that the GDPR doesn't apply to a "purely personal or household activity."

    It depends whether this situation would count as that.  Seems a grey area to me.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    GDPR certainly does apply to individuals as well as companies but article 2 of the GDPR states that the GDPR doesn't apply to a "purely personal or household activity."

    It depends whether this situation would count as that.  Seems a grey area to me.
    Neighbour wins privacy row over smart doorbell and cameras - BBC News

    The judge stated the cameras, purely personal, breached both the DPA and GDPR 
  • Sandtree said:
    GDPR certainly does apply to individuals as well as companies but article 2 of the GDPR states that the GDPR doesn't apply to a "purely personal or household activity."

    It depends whether this situation would count as that.  Seems a grey area to me.
    Neighbour wins privacy row over smart doorbell and cameras - BBC News

    The judge stated the cameras, purely personal, breached both the DPA and GDPR 
    He may have considered them personal but they were recording others without their consent, meaning he was wrong and they did not fall under 'personal' as indicated by article 2. That doesn't tell us whether this does or not.
  • troffasky
    troffasky Posts: 398 Forumite
    Tenth Anniversary 100 Posts Name Dropper
    Sandtree said:
    Neighbour wins privacy row over smart doorbell and cameras - BBC News

    The judge stated the cameras, purely personal, breached both the DPA and GDPR 
    I don't think it's relevant. Automatically collecting audio and video of your neighbour's property is nothing like taking a single picture of a document. Thankfully the law seems to be able to discriminate between the two types of data collection.


  • rca779
    rca779 Posts: 448 Forumite
    Part of the Furniture 100 Posts
    If you want to try and contact the previous owner, check the service history. Old invoices will probably at least have their name and possbily even a contact number or so
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    troffasky said:
    Sandtree said:
    Neighbour wins privacy row over smart doorbell and cameras - BBC News

    The judge stated the cameras, purely personal, breached both the DPA and GDPR 
    I don't think it's relevant. Automatically collecting audio and video of your neighbour's property is nothing like taking a single picture of a document. Thankfully the law seems to be able to discriminate between the two types of data collection.


    Was intended to show that there is an automatic avoidance of GDPR regs just because you state its for personal use rather than definitive proof that its an issue.

    The DVLA has taken the action to remove the previous keepers details, this would have cost them IT development costs etc and so it won't have been done out of a whim. As the statement was to take the photo of the old V5 because you wont otherwise get the data there is a clear intention to store the data knowing the DVLA feel its no longer appropriate to be shared. I am not a data privacy expert despite the number of damned meetings I've had on GDPR but it certainly isnt a slam dunk that its perfectly acceptable to do so in my mind. 
  • Jenni_D
    Jenni_D Posts: 5,435 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    It's a risk/reward calculation ... what's the risk of someone complaining/suing the photo taker under GDPR vs the reward of the taker having pertinent details "just in case"? I imagine that the risk is very low.

    Is it a GDPR breach? Probably.
    Would anything come of it? Unlikely.
    Jenni x
  • Jumblebumble
    Jumblebumble Posts: 2,003 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 5 November 2021 at 2:11PM
    k3lvc said:
    NSG666 said:
    Th02msn said:
    NSG666 said:
    Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.
    Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.
    Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.
    It has changed - hence why I always ask to see V5 to compare details with car and take some details - once it's gone to DVLA you've no access to previous details
    It is illegal to keep people's details on any kind of database without their consent.  The law doesn't differentiate as to commercial or private.  If you contacted me enquiring about a car I'd sold to a dealer you would get short shrift and no cooperation.  If I wanted tyre kickers calling, I'd take the premium of a private sale.
    Really
    How come the Credit Reference agencies keep records of bankruptcies and CCJs then ?
    How about private parking companies ?
    I am sure no one consented to either of these  doing so.
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