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    • amigo123
    • By amigo123 16th May 18, 11:54 PM
    • 10Posts
    • 0Thanks
    amigo123
    Thinking of seeking compensation
    • #1
    • 16th May 18, 11:54 PM
    Thinking of seeking compensation 16th May 18 at 11:54 PM
    Hi guys,
    I'm hoping someone can help me. 6 months ago, I opened a studio catalogue account after many problems with the items and their poor customer services, I sent them emails after emails requesting they closed the zero balanced account.

    All I got were bog standard email replies. In April I sent a final warning letter, advising that unless the account is closed in 7 days, I will take legal action as I was concerned about data loss/fraud. They sent another standard email stating it's still in process.

    As of today my account is still open and I can still login as normal.

    Under the new GDPR rules, can I claim compensation from them for retaining data without consent???

    Thanks
Page 1
    • Les79
    • By Les79 17th May 18, 12:08 AM
    • 202 Posts
    • 259 Thanks
    Les79
    • #2
    • 17th May 18, 12:08 AM
    • #2
    • 17th May 18, 12:08 AM
    No, because the GDPR isn't in force yet.
    • amigo123
    • By amigo123 17th May 18, 4:55 AM
    • 10 Posts
    • 0 Thanks
    amigo123
    • #3
    • 17th May 18, 4:55 AM
    • #3
    • 17th May 18, 4:55 AM
    That's right as it comes into force on 25th May. But assuming they still haven't closed my account, where do I go from there?
    • Fosterdog
    • By Fosterdog 17th May 18, 5:54 AM
    • 3,806 Posts
    • 6,581 Thanks
    Fosterdog
    • #4
    • 17th May 18, 5:54 AM
    • #4
    • 17th May 18, 5:54 AM
    I haven't read all of the details of the GDPR yet, only glanced at it briefly, so I'm not even sure having an account that has been used for purchases would even be covered under the right to erasure. If they need to retain the details for financial auditing purposes then that could well override your right to erasure. It is not an absolute right, only in certain circumstances but they would need good reason to retain the data.

    Also they can ignore any request made prior to the new laws coming into force meaning you need to wait until the 25th, then make your request for erasure and they then have a whole month to either delete it or get back to you with valid reasons for not deleting the account.

    Even if you do have the right it doesn't automatically make you eligible for compensation, if you were concerned about data safety the last thing on your mind would be money, asking for compensation just makes it look like you are grasping at straws and more concerned with getting the compensation than any possible data security.

    Why would you be concerned about data loss or fraud now? You were happy to sign up initially and if you had had a poor experience with buying cheap tat (because that's what they sell so hardly surprising when that's what turns up) it doesn't mean that their data systems are any less secure than they were before you found out they sell cheap tat.
    Last edited by Fosterdog; 17-05-2018 at 6:36 AM.
    • TonyMMM
    • By TonyMMM 17th May 18, 8:17 AM
    • 2,649 Posts
    • 2,921 Thanks
    TonyMMM
    • #5
    • 17th May 18, 8:17 AM
    • #5
    • 17th May 18, 8:17 AM
    GDPR makes no difference - they should close your account if you request it, but they are entitled (and required) to keep the information. Financial data, so anything relating to your account, can be kept for 6 years + the current year.
    • amigo123
    • By amigo123 17th May 18, 8:39 AM
    • 10 Posts
    • 0 Thanks
    amigo123
    • #6
    • 17th May 18, 8:39 AM
    • #6
    • 17th May 18, 8:39 AM
    Thanks guys. If I've asked them to close the account and they have been unwilling or not done so, even after multiple emails and threats of legal action of making them liable for loss of data, then as far as I'm concerned, my data i.e. username/password are at risk of being hacked....surely that falls under the umbrella of GDPR?

    Regarding compensation...this was a last resort thought...ONLY if they didn't close the account.
    Last edited by amigo123; 17-05-2018 at 8:43 AM.
    • reason2
    • By reason2 17th May 18, 9:13 AM
    • 230 Posts
    • 229 Thanks
    reason2
    • #7
    • 17th May 18, 9:13 AM
    • #7
    • 17th May 18, 9:13 AM
    they wouldn't be failing under GDPR and i'm not sure what you would want to be compensated for.
    you cant get compensation for something that might happen at some point in the future, maybe...
    compensation puts you back in the position you were in before something happened usually.
    • bris
    • By bris 17th May 18, 3:46 PM
    • 7,587 Posts
    • 6,606 Thanks
    bris
    • #8
    • 17th May 18, 3:46 PM
    • #8
    • 17th May 18, 3:46 PM
    They can and probably will keep any financial details they have on you for 6 years. The data must be kept secure, there is nothing you can complain about unless that security is breached, even then it goes way outside your control.


    Like a credit card you can never really close the account because recurring payments can still be taken even if you tell them to close it. You can have zero activity on the account but it just tends to sit there dormant.


    Test it, in six months give them the account number, they will see you closed it but the information regarding the account is still there, it won't be deleted.
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