Data Protection Violation

[Bill_J]

Hi,

 

i was wondering if someone could point me in the right direction for action to take against an online company that, I believe, have breached data protection regulations. Here is a brief outline of the issue.

 

I ordered some goods online and paid via Paypal, the Company website said postal delivery date of 2 to 5 days.

 

After 2 weeks good did not arrive and no communication from Company concerned.

 

I opened dispute with Paypal.

 

Company sparks into life and claims to have sent a replacement batch of goods ....which again fail to arrive.

 

I escalate Paypal dispute to a claim and, after a few days, Paypal find in my favour and give refund.

 

This is the end of the matter, as far as I assume.

 

Company contact me with sarcastic email asking if I'm happy to have received two sets of goods and a refund! They also ask if I'd like to reorder!

 

I say no, stating that I've found an alternative supplier who sell the same product and deliver on time. I tell them the new suppliers name.

 

Company responded with this email:

 

"Clearly there is a problem with your mailing address, we suggest you contact Royal Mail and launch a complaint as we are going to do the same.

We hope your new supplier don’t suffer the same mysterious missing parcels and unreasonable communication that we’ve encountered. We have forewarned them of this postal problem with your address."

I responded suggesting that they have contravened the Data Protection Act

by passing my details (address) to a third party without my permission and that I would seek to imform Trading Standards or other relevant body.

 

I would like to take this further, can anyone offer any advice on the best method?

 

Thanks in advance.

[kurvaface]

Shocking!

 

I would be so disgusted by this that I would actually post up the name of the company to warn others not to become victims.

 

Definitely report this to trading standards on 08454040506.

 

As for the DATA breach, Is the company on the ICO's register. I would give them a ring to make a complaint.

 

With regard to the first company, Send a Section 10 notice. This is a notice you can send when you want a company to cease processing your data, particularly in situations where by processing your data is causing you unwarranted harm.

 

They have a maximum of 21 days to comply (Or give a good reason in writing why they can't)

 

I would inform them that if they have remotely said something that could lead others to mistrust you then you will sue them. They'll soon shut up.!

[kurvaface]

Is the company LTD and do they have a consumer credit license. If so you can start making things uncomfortable too on those fronts.

[Bill_J]

Is the company LTD and do they have a consumer credit license. If so you can start making things uncomfortable too on those fronts.

 

I will post their details below.

[Bill_J]

Sorry, had to get my post count up to 10 beofre I could post links...

 

Thank you kurvaface for your lightening quick response and advice. The Company are Vaporlites and sell those e-cigarette which are an aid to help quit smoking (I know, filthy habit). It appears they are a Ltd company as seen here - on 192

 

This is new to me so where would you start kurvaface? The section 10 letter? Where would I find that?

 

Sorry to be a pain but I am rather angry and intent on not letting these guys off the hook.

 

Thank you.

Edited November 11, 2011 by IdaInFife
removed external links

[nat8808]

By reporting your address as being potentially liable to theft - which may well help catch a criminal - what data are they giving Royal Mail that they don't give them when sending you goods?? Or is sending a parcel also a breach of the Data Protection Act?

 

It could well be that the cigarette things were stolen by someone in a Royal Mail sorting office or elsewhere along the chain, even right outside your door by your regular postman (or a neighbour if you live in a block of flats).

 

If they believe that is the case then they would surely have a duty to report the suspected thefts to Royal Mail and may be obliged to reveal the address they were sending to.

 

What I'm trying to say is that although you are seeing it quite clearly from your current perspective, things may not be as clear as they seem.

 

The email they sent to you sounds as if they don't believe that you didn't receive them having been sca mmed via PayPal before (PayPal being quite easy to manipulate sca m businesses by fraudulently claiming non-receipt of goods). Can't blame them for being suspicious if they've been using PayPal for a long time!

 

It does come across as if you want to do this as some kind of retribution for not delivering your goods whereas perhaps they have been the victim of a crime here and you'll be adding insult to injury by following this through. I would speak to them first with an open mind just in case.. And of cause set them straight on their obligations relating to the data protection act.

 

Karma is a good analogy here - think things through before acting out of anger.

Edited November 11, 2011 by nat8808

[kurvaface]

I agree with that...raise a formal complaint to the company asking what happened and what they meant by their comments.

 

In that complaint you could indicate where you are going to go with this if they don't satisfy you that they sincerely regret their comments with:

 

1) Complaint to ICO

2) Complaint to trading standards

3) Making public the company and their email.

 

 

etc

 

Additionally The Companies Act 2006 states sets out some of the responsibilities that directors of limited companies have in terms of compliance with regulations which you could alude to. No director wants to hear that he may be put under scrutiny in terms of fitness to run a company.

 

Finally, having looked at their website, did you buy direct from them or one of their authorised distributors? Authorised distributors in many cases are seperate legal entities to their wholesale providers.

[nat8808]

I've just re-read your original post.

 

Sounds like there is possibly a great injustice going on here!

 

The company in question sounds like they don't believe you didn't receive the items because they sent them out in good faith TWICE AND they had their payment taken from them by PayPal.

 

If I was in their situation then I would certainly feel the same as they have expressed but I simply wouldn't have contacted you in that way. I would have instead assumed that it was a theft in the post and asked for your help to sort that out rather than implying that you were the theif but hey, that reaction can simply be from being fed with being a victim of this kind of fr aud for too long...

 

Please try to look at these situations from the outside rather than over reacting from a self centric position. That way we'll better get to grips with real crime rather than the victims screaming and blaming each other!

[nat8808]

I agree with that...raise a formal complaint to the company asking what happened and what they meant by their comments.

 

 

Yeah, good idea - they should at least apologise for the implied accusation. It will also give them a chance to explain their side of things (and hopefully not dig a hole as some defensive companies do). Get too accusatory with them and you won't get a helpful reaction, get yourself angry, they'll perhaps take action for defamation ... who knows! Meanwhile the theif with the cigarette things sits there laughing at you both!

 

Actually, why not make things easier for yourself and start with an email to the right person before the formal complaint?

 

Still, I don't actually think a Data Protection Act violation has occured here - they are reporting a crime and Royal Mail already have your name and address!

 

Any postal purchase surely gives the company permission to give your data to the shipping company or Royal Mail??!?

[nat8808]

Hate to bang on but let's put the whole data protection act violation over-reaction to bed!

 

Here is their Privacy Policy (part of it):

 

How we may use your data

 

By entering Your User Information, You accept that we may retain Your User Information and that it may be held by Us or any third party company which processes it on Our behalf.

 

We shall be entitled to use Your User Information for the following purposes:

 

 

1. market research, including statistical analysis of user behaviour which we may disclose to third parties in depersonalised, aggregated form.
   
2. in order to enable Us to comply with any requirements imposed on us by law.
   
3. in order to send You periodic communications (this may include e-mail), about features, products and services, events and special offers. Such communications from Us may include advertising for third party companies or organisations.

So - you've no case!

 

They are obliged by law to report problems with the postal service, especially if they think a crime has been commited.

 

They have to give your data to Royal Mail for the order to be processed - and you've agreed to that by use of their website and by entering your order details.

 

PayPal have also passed on your name and address details to this company in order to process the payment/order. Do you want to complain about that too?

[Bill_J]

I agree with that...raise a formal complaint to the company asking what happened and what they meant by their comments.

 

In that complaint you could indicate where you are going to go with this if they don't satisfy you that they sincerely regret their comments with:

 

1) Complaint to ICO

2) Complaint to trading standards

3) Making public the company and their email.

 

 

etc

 

Additionally The Companies Act 2006 states sets out some of the responsibilities that directors of limited companies have in terms of compliance with regulations which you could alude to. No director wants to hear that he may be put under scrutiny in terms of fitness to run a company.

 

Finally, having looked at their website, did you buy direct from them or one of their authorised distributors? Authorised distributors in many cases are seperate legal entities to their wholesale providers.

 

Thanks Kurvaface....sending a formal letter of complaint seems like sound advice. I dealt directly with Vapourlite by the way, rather than any of their authorised distributors. I will update this thread with the outcome.

[kurvaface]

Thanks Kurvaface....sending a formal letter of complaint seems like sound advice. I dealt directly with Vapourlite by the way, rather than any of their authorised distributors. I will update this thread with the outcome.

 

I don't agree with the other person's advice. When something like this happens you have every right to be cross. The retailer needs to ensure delivery of goods you pay for and if necessary take it up with their delivery company but to divulge libellous opinion to another company in the way they appear to have done is inexcusable.

[Bill_J]

Hate to bang on but let's put the whole data protection act violation over-reaction to bed!

 

Here is their Privacy Policy (part of it):

So - you've no case!

 

They are obliged by law to report problems with the postal service, especially if they think a crime has been commited.

 

They have to give your data to Royal Mail for the order to be processed - and you've agreed to that by use of their website and by entering your order details.

 

PayPal have also passed on your name and address details to this company in order to process the payment/order. Do you want to complain about that too?

 

Nat, thank you for your input, it is much appreciated although but I feel you may have gotten hold of the wrong end of the stick slightly, regarding the possible data protection issue. Just to clear it up..... I have absolutely no issue with Vapourlite contacting Royal Mail and giving them my details to allow an investigation to take place. In fact, I welcome that as I have nothing to hide whatsoever!

 

No, my issue is with these two sentences in Vapourlite's most recent email, here:

 

"We hope your new supplier don’t suffer the same mysterious missing parcels and unreasonable communication that we’ve encountered. We have forewarned them of this postal problem with your address."

 

Maybe I'm being paranoid but that reads to me like they are suggesting that I stole the parcels and they have contacted my new supplier to forewarn them of a 'dodgy' customer! If that is the case they are absolutely out of order! Firstly, what right do they have to pass my address details to this third party....I see nowhere in their Privacy Policy where they have a right to do so in this instance. Secondly, how dare they attempt to besmirch my character in this manner. It seems like a blatant attempt to lead others to mistrust me, based on no evidence whatsoever! It's possibly also libelous?

 

I fully understand your point that this Company may be out of pocket and feel 'sc ammed' but that, in no way, gives them the right to treat a customer in such a shoddy manner.

 

I also get the karma thing Nat and , like I said, once Paypal found in my favour and refunded me, that was the end of the matter as far as I was concerned. It was Vapourlite who re-ignited the issue following my refund, by sending an email which started off with this sentence:

 

"You’ve had your product and your money back, we were hoping you would be honest enough to return the parcel by now."

 

So, you can see they made their mind up that I had received the parcel! If I recieve an apology for those slurs, i will be happy enough to drop the issue. If not I fully intend to pursue the matter.

 

 

 

[Bill_J]

I don't agree with the other person's advice. When something like this happens you have every right to be cross. The retailer needs to ensure delivery of goods you pay for and if necessary take it up with their delivery company but to divulge libellous opinion to another company in the way they appear to have done is inexcusable.

 

Thanks. I may be over-reacting to this, so I'll post the entire email transcript between vapourlites and I and maybe you could give me your judgement kurvaface? Be honest though, if you think I'm being pedantic I'd rather be told. Apologies, his transcript is quite long

but if you can bear with it it does get quite entertaining....my anger got the better of me on a couple of occasions...lol. Here we go - Vapourlite in the blue text, me in black...

 

Hello William,

 

Sorry to hear your order was further delayed with Royal Mail, We are

disappointed you didn't give us the chance to rectify the problem before

opening a Paypal dispute.

 

As we stated in the terms and conditions, if your parcel doesn't arrive

within 15 working days (that doesn't include weekends) we will send out a

replacement or refund the payment. We have known royal mail to loose the

parcel or send to the wrong sorting office and therefore take several weeks

to deliver. The 15 working day period allows for these types of errors to be

resolved before sending replacements.

 

We realise there was a big problem with Royal Mail the end of last week when

we had complaints of failed deliveries from your order period. To rectify

this we sent out replacement parcels to all customers whom placed orders

during the same date range, this was done prior to your raising a paypal

dispute.

 

We will happily refund your order once you return the items to us. If you

choose to keep the order we would like to offer you a 15% discount voucher

of any future purchase. Please use code VLRS15 at checkout with your next

order.

 

Sorry once again for your inconvenience, please let us know how you wish to

proceed.

 

Regards,

 

 

Customercare Department

 

--------------------------------------------------------------------------------------------------------------

Dear Sir/Madam,

 

I opened a dispute with Paypal because I have received no communication from your Company regarding delays. Similarly, I received no communication from your Company that my items had been shipped. I placed and paid for my order on 9 Oct 11 and would have expected some sort of update if you were aware of problems.

 

Having heard nothing, I placed an alternative order with another Company (10motives) and the items were received the following day! I now wish to cancel my order with Vapourlites.

 

You state that you will 'happily refund the order once items are returned" but the whole issue is the we have not received the order!

 

I wish to proceed with a request for refund.

 

Regards,

 

William

------------------------------------------------------------------------------------------------

 

 

[Bill_J]

Hello William,

That’s great you found another source. We know the company 10motives very well, we used to sell the brand ourselves. You may prefer our style though, we modernised our version. J

The delays were advertised on the website at time of ordering. We have sent emails, you would have received an email despatch note too. So when the product didn’t arrive, it would have been good for you to contact us then to rectify the problem. As we said below, replacements for that date range were sent out Monday. As we have now sent 2 orders, we are not able to immediately refund until we can ensure the second one is returned to us. As you’ll appreciate we are now also out of pocket for 2 product packs. We understand your frustration but equally hope you can understand ours.

When it arrives, perhaps even today, please simply cross out your address and write return to sender – our return address is on the back of the envelope. Place in any Postbox for its return, once received back to the warehouse we will refund immediately.

We hate to see unhappy customers and sorry your first order went wrong, its an unfortunate rare event. Hopefully we can tempt you back to our brand as it is a more streamlined version. The discount code will also help to keep costs down.

Regards,

Customercare Department

 

--------------------------------------------------------------------------------------------

Dear Sir/Madam,

 

Thank you for your email. You say "it would have been good for you to contact us then to rectify the problem" yet you seem to have been fully aware there was a problem, as you then go on to claim, "As we have now sent 2 orders.....you’ll appreciate we are now also out of pocket for 2 product packs".

 

Exactly what was the issue with the original order and how did you become aware that it did not arrive? It seems confusing that you claim to have sent a replacement to an order that you fully admit I did not contact you about! Are you suggesting the original order was 'lost in the post' despite the fact that you acknowledge I have not contacted you prior to yesterday?

 

Seems confusing.

 

In any case, I can assure you that as of today, I have received neither the original order or the replacement you claim to have sent. I am out of pocket on this transaction and will escalate the Paypal dispute to a full claim on Friday 28th October if the matter hasn't been resolved satisfactorily by then.

 

Regards,

 

William

 

_____________________________________________________________________

 

Hi William

You’ve had your product and your money back, we were hoping you would be honest enough to return the parcel by now.

We assume you have tried the product and can see that it is a better version then 10 Motives so we look forward to receiving your repeat order for cartomiser refills.

Our brand is not only better looking its cheaper too!

Regards,

Customercare Department

-------------------------------------------------------------------------------------

Dear Sir,

 

If you feel accusing me of being dishonest is likely to tempt me to reorder in the future...then I suggest you rethink your selling strategy. On the subject of honesty though, I would not have felt the need to open a Paypal dispute in the first instance, had you been honest about delays on your website then subsequently claiming you'd sent items that you clearly had not.

 

Neither of your 'alleged' parcels arrived, so I've no idea if your product is better than the 10 Motives brand. One thing I do know though, is that their customer services leave you lot standing. Order placed Monday, product received wednesday...no fuss. The fact that your product may be a little cheaper is negated by the fact that I may never receive it.

 

Good customer services goes a long way to attracting good customers.

 

Regards.

 

William

 

 

 

 

 

[Bill_J]

Dear William,

 

Sorry to hear you weren’t able to sample our fantastic product. Clearly there is a problem with your mailing address, we suggest you contact Royal Mail and launch a complaint as we are going to do the same.

 

Thanks for your input, had we not contacted you with lengthy emails, sent replacement parcels and offered discount codes for future purchases we may have taken that on board, but as we’ve tried our best we can confidently dismiss it.

 

We hope 10 motives don’t suffer the same mysterious missing parcels and unreasonable communication that we’ve encountered. We have forewarned them of this postal problem with your address.

 

Happy vaping!

 

Regards,

 

 

Customercare Department

-------------------------------------------------------------------------------------

Dear Sir,

 

Thanks for your email. I would contact Royal Mail regarding a problem with my delivery address, if I was able to verify that packages have been mailed to my address in the first place. I can't verfy that, you can't verify that and, as has been seen, Paypal can't verify that...hence the refund.

With regard to you exchanging my personal data with 10 Motives: Firstly, I imagine they'd laugh at your accusation, given that I've already happily received three of their deliveries without any problems whatsoever. Secondly, I don't recall having given you permission to share any of my personal details with any third party...the fact that you are threatening to do so will no doubt interest Trading Standards once I forward a copy of this communication to them.

You never did get round to explaining why you sent out a 'replacement' parcel by the way. You admitted that I hadn't been in touch regarding a 'lost' first parcel, yet felt it was necessary to send a 'replacement'? That doesn't quite add up. Given your subsequent emails though, I suppose it's gradually being pieced together.

I'm very happy with my decision to go with a big company like 10 Motives rather than 'tinpot' organisation who feels it's acceptable to engage in tittle tattle email arguments with it's customers. I'm also thankful I paid you via Paypal and not Credit Card...God knows what the consequences would have been there.

I bid you good day....keep working on the customer relations and that outstanding sales technique of yours,

Regards,

William

------------------------------------------------------------------------------------------

 

Wow, you definitely need some nicotine!!

 

Its been great conversing with you, but sadly most of us have work to do........

 

Regards,

 

 

Customercare Department

 

---------------------------------------------------------------------------------

Dear Sir,

 

Indeed, most of us do indeed have work to do.......and some more than most, if they are to remain in business.

 

Regards,

 

William

 

 

 

 

[Bill_J]

Dearest William,

A parting gift of screenshots of the royal mail post book, unfortunately we missed the Paypal deadline to launch these. Your goods were posted. Both of them........ J

Have a wonderful weekend.

Regards,

Customercare Department

--------------------------------------------------------------------------------------------------------

Dear Sir,

 

A screen shot of a ledger full of numbers proves what exactly? I wouldn't lose too much sleep over missing that Paypal deadline by the way, they would have seen that as I see it, useless.

 

It hasn't gone unnoticed, incidentally, that you have failed to answer my question re replacements, for the second time). Why did you send out a replacement parcel, when you freely admit that I did not contact you regarding non-arrival of the 'first' parcel? The fact you haven't answered that speaks volumes.

 

Good luck (I think you may need it),

 

Regards,

 

William

-----------------------------------------------------------------------------

Time is precious, we can reconvene Monday if you like. Bye for now!

Regards,

Customercare Department

--------------------------------------------------------------

Dear Sir,

 

Time is indeed precious. Did you know that some people use some of their time to post write ups, reviews and comments on these new 'e-cigarette forums' that have popped up in recent times? I haven't had the time, reason or inclination to do so thus far. I will make an exception this time though.

 

You see, I do feel it's important to warn potential customers that there are dishonest traders out there.....traders who seem incapable of answering a simple question, re. "Why did you send out a replacement parcel, when you freely admit that I did not contact you regarding non-arrival of the 'first' parcel?" - (third time of asking).

 

Maybe you haven't answered it because you can't answer it? You been caught out on that score it would seem.

 

Oh, and do look out for that 'data protection violation' email as well, by the way.

 

Just think, you would have avoided all this had you had the professionalism to deal with the issue correctly, from the first instant, rather than letting it run and 'hoping for the best'. Still, hopefully you'll have learned a valuable lesson. Every cloud and all that.....

 

Regards,

 

William

 

 

 

[Bill_J]

So, that's where we stand today. You can see in my last few emails I let anger get the better of me. I regret getting drawn into this whole thing in the first place, I really should have let it go much earlier. Maybe I should drop it now?

 

Any advice welcome.

[stu007]

Hi Bill

 

Did you notice in their Terms and Condition that Ownership of the website is owned and operated by:

 

Multiplex Media Ltd here is there details

 

Address:

 

Caer Fedwen

Bretton Lane

Bretton

Chester

CH4 0DW

 

Telephone: 08445 445 408

 

Fax: 0871 716 7164

 

Company: 03654634

VAT: 726 4508 32

[Bill_J]

Hi Bill

 

Did you notice in their Terms and Condition that Ownership of the website is owned and operated by:

 

Multiplex Media Ltd here is there details

 

Address:

 

Caer Fedwen

Bretton Lane

Bretton

Chester

CH4 0DW

 

Telephone: 08445 445 408

 

Fax: 0871 716 7164

 

Company: 03654634

VAT: 726 4508 32

 

 

Thanks Stu, I didn't notice that. It may be useful should I choose to pursue this matter any further.

[stu007]

Hi Bill

 

More Info for you

 

Name & Registered Office:

VAPOURLITES LIMITED

FRANKLIN HOUSE

STOCKTON ROAD

SEDGEFIELD

STOCKTON ON TEES

ENGLAND

TS21 2AG

Company No. 07771025

Status: Active

Date of Incorporation: 12/09/2011

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC):

None Supplied

Accounting Reference Date: 30/09

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 12/06/2013

Last Return Made Up To:

Next Return Due: 10/10/2012

[nat8808]

Nat, thank you for your input, it is much appreciated although but I feel you may have gotten hold of the wrong end of the stick slightly, regarding the possible data protection issue. Just to clear it up..... I have absolutely no issue with Vapourlite contacting Royal Mail and giving them my details to allow an investigation to take place. In fact, I welcome that as I have nothing to hide whatsoever....

 

...... Firstly, what right do they have to pass my address details to this third party....I see nowhere in their Privacy Policy where they have a right to do so in this instance. Secondly, how dare they attempt to besmirch my character in this manner. It seems like a blatant attempt to lead others to mistrust me, based on no evidence whatsoever! It's possibly also libelous?

 

 

--- Ignore this post - I was confused as to the details ---

 

Isn't Royal Mail or the courier this third party they are talking about?

 

Surely they have a duty to report that their parcels aren't turning up to the address they are sending them to and that address is your address.

 

You seem to be in agreement that this is ok... .. yet then later, when you're cross about what they wrote to you, you want to have them for violation of DPA.

 

Am I confused and their's yet another fourth party involved that they said they'd send your details to?

Edited November 15, 2011 by nat8808

[nat8808]

I don't agree with the other person's advice. When something like this happens you have every right to be cross. The retailer needs to ensure delivery of goods you pay for and if necessary take it up with their delivery company but to divulge libellous opinion to another company in the way they appear to have done is inexcusable.

 

On this part, we're in agreement.. they've handled it badly and have accused the OP of the theft rather than them both being victims.

 

--- Ignore this bit of the post - I was confused as to the details -------

 

I don't however believe there has been a violation of the data protection act here (which is the topic of this thread) as all that has been communicated is that the company will tell the courier/Royal Mail that there has been a problem with sending items to the address with possible theft involved somewhere along the line. Even the OP is in agreement that this would be ok.

 

The company is NOT saying that they will ask the courier/Royal Mail to never deliver to him again, nor are they saying to them 'this guy's a theif' - and as if Royal Mail/ courier would ever listen to that anyway...

 

--- The following is still relevent though: ----------

 

All the OP is reacting to is the company's email and NOT in response to anything that has actually happened.

 

This is a customer relation issue and nothing more.

 

(I've not yet read the correspondance that the OP has posted up yet - so bare with me if this is shown to be wrong at that point )

Edited November 15, 2011 by nat8808

[nat8808]

So, you can see they made their mind up that I had received the parcel! If I recieve an apology for those slurs, i will be happy enough to drop the issue. If not I fully intend to pursue the matter.

 

 

I agree that they should apologise for that slur. The slur though only seems to have been made on a one to one communication by one member of their team and I can't see that any slur has been escalated beyond that.

 

So yes, you're right to ask for an apology for that and hopefully they won't go accusing people like that in the future.

 

What would you pursue though if they don't apologise imediately? Go further up the command chain until you get one is all that's open to you - hopefully it will benefit others too and improve their customer relations going forward.

 

I only see this as a customer relations issue and nothing that I can see can be taken to any other body or authority.

 

(again, I've not yet read the correspondance you've posted up ...)

[nat8808]

So, that's where we stand today. You can see in my last few emails I let anger get the better of me. I regret getting drawn into this whole thing in the first place, I really should have let it go much earlier. Maybe I should drop it now?

 

Any advice welcome.

 

Phew! Some people like to have the last word... Nice to see it all in context and also a good lesson in how things can escalate if badly handled on both sides..

 

As I understood it, they began to receive reports that orders weren't turning up from one batch (the lorry could have crashed or something) and so were covering ALL the orders at their expense by sending them all out a second time, no questions asked. They say they even posted this up on their site that they were experiencing delays..

 

Nothing wrong about that, in fact that's great! I don't understand how that then becomes a point of contention and suspicion on your part in the correspondance and I can see that leads to frustration on their's and then an unwillingness to deal with you.

 

Regarding DPA, I hadn't realised that they said they were going to send your details to the other e-cigerette company. My apologies for that mis-understanding.

 

However, there's a big difference between someone saying they will do something in an email in the heat of an arguement and it actually happening. I don't see any evidence yet that there has been a violation.

 

Find out if it actually happened first if you really want to pursue this - contact 10Motives first to see if they received any communication from them.. Have to decide if it something that will benefit others, hoping it will bring their practice into line or whether it's just something to get at them with to feel good, then weigh up if it's then worth your time.

 

Or maybe just send a copy of that email to this companies ICO and have that employee's wrist slapped for suggesting the violation. In fact their ICO should investigate if the info was indeed passed on saving you the leg work.