duncton finance put gps tracker on car

[mattie10]

this covers several areas dont know really which one to start from so i will start froim the garage.

 

bought a car from a mercedes dealer (used) and unfortunately duncton were the finance company.

many probs there but going past all the other financial and court matters (i am in court in may) i was going though all the docs that they had sent me and there was a log sheet where the car and obviously me were tracked by them for 2 years. i was unaware there was a tracker on the car and no mention by anyone either in docs from garage or from duncton.

 

i did notice another person in the forum had problems and he found out the garage was fitting a tracker without his knowledge and this involved duncton.

 

just what is the law on this .... anyone help?

[Surfer01]

Could be a Data Protection Act issue, but I am unsure. Hopefully someone else will be able to update you.

[tommy.king]

I think its more a Invation of Privacy issue. they recorded and collated data without your permission.

They can keep it in your car if they don't intend on using it against you and only to recover your car.

Normally insurance companies will have the tracker listed in the Terms and conditions.

[heliosuk]

Some time ago I seem to remember there was an employment tribunal case which I think, went further to the high court, which in both cases ruled against the employee bringing the case. It hinged around a truck driver who was supposedly claiming to be in one country when if fact he was in Italy. It was all to do with allowances etc essentially claiming expenses and falsifying tacho records for which he was sacked.

 

From memory, it was ruled that it was quite legal for the owner of the vehicle to fit tracking devices in order to know where their asset was at any time. Any invasion of privacy etc didn't come into it.

 

Perhaps it could be that Duncton are devious enough to do this given that they are perhaps the legal owner of the car at the time??. I don't know but I think perhaps that the motoring section is not the place on this forum to help you and needs to be placed into one of the general legals one.

 

Very interesting question though!! I'll ask someone if they can assist.

[Surfer01]

Some time ago I seem to remember there was an employment tribunal case which I think, went further to the high court, which in both cases ruled against the employee bringing the case. It hinged around a truck driver who was supposedly claiming to be in one country when if fact he was in Italy. It was all to do with allowances etc essentially claiming expenses and falsifying tacho records for which he was sacked.

 

From memory, it was ruled that it was quite legal for the owner of the vehicle to fit tracking devices in order to know where their asset was at any time. Any invasion of privacy etc didn't come into it.

 

Perhaps it could be that Duncton are devious enough to do this given that they are perhaps the legal owner of the car at the time??. I don't know but I think perhaps that the motoring section is not the place on this forum to help you and needs to be placed into one of the general legals one.

 

Very interesting question though!! I'll ask someone if they can assist.

This would have been in the T & Cs when you were employed. Done for two reasons, mainly to monitor the load and secondly to monitor the driver. Also the vehicle is not owned by the driver.

In this case, the driver who we assume to be a private individual was never informed of the tracker which is why it could be a serious breach of data protection similar to phone hacking. If that data got into the wrong hands it coudl be very damaging to the driver.

[heliosuk]

This would have been in the T & Cs when you were employed. Done for two reasons, mainly to monitor the load and secondly to monitor the driver. Also the vehicle is not owned by the driver.

In this case, the driver who we assume to be a private individual was never informed of the tracker which is why it could be a serious breach of data protection similar to phone hacking. If that data got into the wrong hands it coudl be very damaging to the driver.

 

That's just the point Surfer! It wasn't in the terms and conditions and was ruled it didn't have to be! Further as you point out, the driver is indeed a private individual who also doesn't own the car, Duncton does it would seem until all the finance is paid off. Which is why I say it's interesting. Does the finance co have the right to track a car they own without telling the driver/keeper? I cannot see how any of this would breach the data protection act at all at the moment.

[mattie10]

the case is still going on not only tracker. contract they state has issues and irregularities but nevertheless they lied when the car was picked up they said they just happened to be in the area and oh there it was! why did they have to lie if its so fine to have a tracker then. yes it is against the data protection act its ok with my consent knowledge but noone confirms it fitted not even the garage. the car is a private car mine ok i have an agreement for the purchase of the car but it is private not a company car and what this about truck drivers and expenses? i was shopping with my 9 year old with a boot full of groceries when my wheel was clamped and and tow truck was trying to get into the car park through the barrier with all the trollies kids cars people etc milling around. embarrassed yes. especially when asked to hand over the keys with a trolley full of stuff and a 9 year old panicking. no according to debt collecting guidelines yeah ok guidelines! they are not to do this causing embarrassment and if it was tracked why couldnt thye just follow me home. i have one word for duncton extrortionists just totted up their interest rate 96 percent. no apr on contract if i had seen that and tracker fitted i would not have gone into it.

[raydetinu]

on what sort of agreement were you purchasing the car?

surely they cant reposses without a court order!

Tracking IMO would be illegal, however we now understand Apple do this with their Iphones?

and they are being sued in the states for this, not sure about here yet.

[mattie10]

the car was 25,400 loan on lease purchase agreement making it 400 over the regulated loan term. my partner and i never stated amount re the deposit and was told what deposit to put down funny it was just over 25,000 therefore making it unregulatred and can take it back when they wish this happened to be in a waitrose car park clamped with lots of onlookers a child shopping etc. they tracked the car there but none of them said so. they just happened to be passing!

this happened in may 2009 and since they put in a claim for 16,000 the rest of the balance of the agreement and took back the car. i have still literally got to pay for something i dont have. they got a judgement last year but we overturned it because there was a technical fault with it and we managed to pursuade the judge to look at our case. a bit muddly but it seems we were right as at the application hearing the otherside's barrister who is from a chambers who specialise in consumer credit act. we found out hes written a book on it. states there are irregularities in the agreement. the upshot of the application hearing was to set asided or dismiss their case as they failed to meet timescales set by the court. this lead to most documents being submitted by them just a week before the trial leaving me little time to go through them.

we won on this and they did not like it. anyway lots to tell on this inluding a video we have from waitrose where i am still in the car and they take the clamp off and hitch the car up at the back and i am driven round in reverse by the tow truck. hazardlights flashing as i was locked in.

duncton got desperate. we struggled with payments after about 4 month credit crunch just biting but we carried on struggling to pay as my partner new there was no way out, we didnt know it when i entered the agreement that it would be like that with no way out and 44000 to pay. we carried on for 2 years got behid sometimes 2 months or so, but at this stage they then decided to respossess. it seemed that they had got 21,000 out of me for a car of 30,0000 but took the car back which they said they got 15,000 for and now want 16,000 to go with it. making nearly 100 per cent profit on the load well not far off

[raydetinu]

If you won the case why is it still going on, are they appealing?

Mot sure if the tracker thing will be relevant, if you have legal council they will be able to advise.

[afcwben]

A friend of mine in the car trade told me that duncton finance have put GPS trackers on high value cars where they loan to people considered to be of high risk, ie potential to run off with the car and default, he further stated that the dealers have to sign an NDA with duncton not to reveal the tracker sounds like big brother

[raydetinu]

As I have said before IMO thats illegal! unless disclosed as part of the agreement.