Uber won't close my account over "debt"

CliveOfIndia

WhosWho said:

On a side note, a company can only hold your information for as long as necessary. I have asked they delete all information and they are refusing.

Yes, the general GDPR rules state that personal information should only be held for as long is necessary.  There are no actual timescales specified as to what constitutes a "necessary period".

But given that you owe them money, I suspect they'd have a pretty cast-iron reason for deeming the retention of your data "necessary" at the moment.

WhosWho

CliveOfIndia said:

WhosWho said:

On a side note, a company can only hold your information for as long as necessary. I have asked they delete all information and they are refusing.

Yes, the general GDPR rules state that personal information should only be held for as long is necessary.  There are no actual timescales specified as to what constitutes a "necessary period".

But given that you owe them money, I suspect they'd have a pretty cast-iron reason for deeming the retention of your data "necessary" at the moment.

I have already said its an acceptable reason to retain information to recover a debt.

But the caveat is they have to actually do that.

WhosWho

Aylesbury_Duck said:

WhosWho said:

user1977 said:

WhosWho said:

The issue is now Uber are demanding the money back and they have no entitlement to do so.

No, they are entitled to do so. The fact the Paypal transaction has been reversed does not affect whether or not they're entitled to be paid by you.

I think you'll find the user agreement between Uber, PayPal and myself resolves a lot of that.

However, as I mentioned they HAVE to take me to court if they want paying. They can't just hold on to my information just because. They can retain them if they are actually going to take formal proceedings though and I'm fine with that.

You're fine with it?  You began by saying they were really getting on your nerves and you wanted tips. 

You've argued with everyone who's posted tips, have decided what your rights are and that everyone else is wrong, so I'm really not sure why you posted at all?  Very odd.

No one has given any tips apart from pay it...

calleyw

the OP still has not answered the question of did the food arrive and did they eat it?  When I order from my local chinese I have no idea who is delivering.  Its some who is being paid to do a job.  Sometimes people get so stuck on they are right and everyone else is wrong they can't see that they are ones being difficult.

Just pay the money shut the account down and ask for your details to be deleted.  Job done.  But no I asked for peoples opinions and now I don't like those answers so I will argue with them

powerful_Rogue

WhosWho said:

CliveOfIndia said:

WhosWho said:

On a side note, a company can only hold your information for as long as necessary. I have asked they delete all information and they are refusing.

Yes, the general GDPR rules state that personal information should only be held for as long is necessary.  There are no actual timescales specified as to what constitutes a "necessary period".

But given that you owe them money, I suspect they'd have a pretty cast-iron reason for deeming the retention of your data "necessary" at the moment.

I have already said its an acceptable reason to retain information to recover a debt.

But the caveat is they have to actually do that.

Not really. They can keep hold of the information so they know not to do business with you in the future.

Aylesbury_Duck

WhosWho said:

Aylesbury_Duck said:

WhosWho said:

user1977 said:

WhosWho said:

The issue is now Uber are demanding the money back and they have no entitlement to do so.

No, they are entitled to do so. The fact the Paypal transaction has been reversed does not affect whether or not they're entitled to be paid by you.

I think you'll find the user agreement between Uber, PayPal and myself resolves a lot of that.

However, as I mentioned they HAVE to take me to court if they want paying. They can't just hold on to my information just because. They can retain them if they are actually going to take formal proceedings though and I'm fine with that.

You're fine with it?  You began by saying they were really getting on your nerves and you wanted tips. 

You've argued with everyone who's posted tips, have decided what your rights are and that everyone else is wrong, so I'm really not sure why you posted at all?  Very odd.

No one has given any tips apart from pay it...

On the contrary, you've had lots of advice about the legality of the debt.  It just doesn't seem that's what you wanted to hear. 

Presumably, you wanted tips on how to force them to write off the debt and close the account?  The fact that none have come forward so far is perhaps telling.  Maybe someone will come along with the answer you want.  Fingers crossed.

born_again

WhosWho said:

It's clear I'm the only one in this camp.

But, whether you agree with the refund or not... the bottom line is I raised a dispute with PayPal and it was awarded in MY favour. It's as simple as that. Its irrelevant what the refund was for. PayPal have their own process for dealing with refunds etc in their terms and conditions and they sided with me, whether you like it or not.

The issue is now Uber are demanding the money back and they have no entitlement to do so. But as I'm not paying them back they are refusing to close my account.

I was just curious to whether anyone has been in the same position.

Uber have a duty to look after my sensitive and personal data and by giving it to random people they are not fulfilling their duty. Clearly you guys aren't aware that someone creates an account as a delivery driver and then that account just gets passed around mates so that everyone uses the account on a 24/7 basis. 

On a side note, a company can only hold your information for as long as necessary. I have asked they delete all information and they are refusing. They do have a right to withhold my information if they want to take me to court to reclaim a debt,  but that doesn't effect the deletion of an account. I have actually told them I am fine for them to take me to court,  but they need to actually do that if they are going to retain all of my information. 

For a forum that is meant to be based on consumer rights it's been a strange response so far. Don't let your actual consumer rights be clouded by the fact you may have a different moral viewpoint to myself. They are 2 different things and my moral views "don't affect my statutory rights" 😘

Just the same as card payment chargebacks do. But that does not stop the retailer still claiming they are not owed the money as they did not dispute with PP on the issue.

PayPal & banks work under their own rules. Which are not the same as consumer rights. They are additional & have no link to them, just the same as they do not stop a retailer from chasing you.
So I sorry to say, but using PP T/C does not stop retailer from enforcing the debt.

While they are unlikely to take it to court, they can make life hard for you. They could mark your credit history with a unpaid marker, they could employ a debt co to chase for the debt.

I'm wondering under what basis you disputed this with PP?
Given you have not mentioned you did not receive the food & the reason on not knowing who is going to deliver, is not a valid basis for a dispute. 
So would have a guess that you have not told PP the truth on the dispute. Which again could backfire if Uber went back to them.
Banks & the likes of PP do not take kindly to people not telling the truth to claim money back, as it is a breech of trust. Usual result is closure of account & is severe cases a CIFAS marker for fraud.

sheramber

I  presume you do not order anything online then because your 'sensitive' information will be available to others.

Strange that you continue to  order from Uber Eats when you knew that was what they did?

Zinger549

They have your first name and address. Not a lot they can do with that. They person delivering is just interested in the money. I don't think there going to be noting down all the names and addresses of the people they deliver to.

Jonboy_1984

CliveOfIndia said:

WhosWho said:

On a side note, a company can only hold your information for as long as necessary. I have asked they delete all information and they are refusing.

Yes, the general GDPR rules state that personal information should only be held for as long is necessary.  There are no actual timescales specified as to what constitutes a "necessary period".

But given that you owe them money, I suspect they'd have a pretty cast-iron reason for deeming the retention of your data "necessary" at the moment.

I wonder what the OP will do when they discover VAT rules state records should be retained for 6 years after the current financial year, so 7 years in reality, and that is therefore what many organisations work too (and is now built into quite a few accounting software packages in various ways)?