My Laptop was used by someone while on a Buy back Contract at Cash Generators..

[zytec]

.. During the period it was with them it has been used twice once for about 1:30 mins the other about 20mins the date and time of boot up is stored in the event viewer log, and so although the history of browser use could have been wiped the user was unaware of the event viewer log data, which logs bootup parameters everytime the PC boots..

I checked the event viewer after the condition of the laptop was different to when it was left in their care (which I was paying monthly for I may add).

 

There is no damage but I noticed a dirty smudge on the lid and a few finger prints on the screen. These made me suspicious it had been used because I never ever touch the screen & it was clean prior to being boxed by me in the store before the contract started. I don't like the idea someone has been using it and worry what they may have done or been looking at online if it were used online..

 

Worse than all though is both times it was used were after store hours so this would seem to point to the fact it was taken home from the store by someone as time stamps in event viewer are Friday @ 21:30 and Saturday 00:15 so it was taken home for one night on Friday & used Friday night and Saturday morning.

 

Where do I stand with this, I have the event veiwer log as evidence, (date & time it booted up it was suppoed to be in their storeroom), and how should I approach the store / manager or central offices about this? at the very least I want a refund from the point it was used by a member of staff, especially if it were removed from the safety of the store..

[locutus]

Read this http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html as a guide. Keep things in writing. Don't tell them what you want "at the very least" as that is all they will offer. Keep your settlement requirements ambiguous, but if you contract with them is broken, I'd expect a Judge to order them to refund all the profit they made from you.

 

 

As this is a franchise, a preliminary letter to the store manager may help... give him the opportunity to put things right before you write to the MD of the company, and before you initiate court action. Also if he is aware that if they don't offer you a suitable settlement of your complaint, you will escalate this complaint to the MD and courts, he may just dip his hands into the coffers and offer something suitable.

 

"Head office" address is :-

 

Cash Generator Ltd

CG House

Express Trading Estate

Stonehill Road

Bolton

Lancashire

BL4 9TP

 

Julian Urry is the MD if you want to address to him personally. (probably be dealt with by one of his underlings, but you never know, he may deal with this himself)

[zytec]

Thank you for the quick and detailed reply, Just a few questions if I may, how would I best word it so I'm giving the manager a chance to sort it before taking it higher? and I'm thinking it might be best to leave out the time it was used initially just give the date, beacuse it stops the possiblity of them saying it was to check it was ok after being moved / dropped in store, or to keep the battery charged etc etc.. I can then counter that with it being used out of hours

 

Lastly all I really have is a log that I can print out and is also still in my laptop to view. However I've collected from their shop and taken it home, so they could simply say I've edited the event viewer / or it's a different laptop etc etc..

 

thanks for your help.... jonathan

[locutus]

I would just state as a fact that the log files on your computer show it's been accessed out of hours. If they don't want to play, take it to court as a breach of contract, 99% positive they'll not show up if it did get that far, and they'll then have to pay your court costs aswell.

 

The cheapest way for them to settle this is to accept that you're going to take it as far as you can. Let the manager know this and maybe he'll see it's a lot less hassle to refund you.

[ashmk]

Try running this on it

 

http://www.piriform.com/recuva/download (the free version is the same as the paid but minus the support as far as I'm aware)

 

It might recuva any files that has been through the recycle bin.

[andydd]

Well..Firstly what do the Cash Generator T & C's say ?. Unless it says it specifically say they wont use it, I fear there is little you can do except mayne get an apology.

 

The threat of court action is pretty pointless, 'damages' in court cases are deisgned to return you to the position you were in before the breach occurred (even if it did), what is the actual cost of someone using for laptop for 21 mins ?. If a value could be put on it, it would be a few pence at best.

 

Andy

[locutus]

.. During the period it was with them it has been used twice once for about 1:30 mins the other about 20mins the date and time of boot up is stored in the event viewer log, and so although the history of browser use could have been wiped the user was unaware of the event viewer log data, which logs bootup parameters everytime the PC boots..

I checked the event viewer after the condition of the laptop was different to when it was left in their care (which I was paying monthly for I may add).

 

There is no damage but I noticed a dirty smudge on the lid and a few finger prints on the screen. These made me suspicious it had been used because I never ever touch the screen & it was clean prior to being boxed by me in the store before the contract started. I don't like the idea someone has been using it and worry what they may have done or been looking at online if it were used online..

 

Worse than all though is both times it was used were after store hours so this would seem to point to the fact it was taken home from the store by someone as time stamps in event viewer are Friday @ 21:30 and Saturday 00:15 so it was taken home for one night on Friday & used Friday night and Saturday morning.

 

Where do I stand with this, I have the event veiwer log as evidence, (date & time it booted up it was suppoed to be in their storeroom), and how should I approach the store / manager or central offices about this? at the very least I want a refund from the point it was used by a member of staff, especially if it were removed from the safety of the store..

 

The OP paid for it to be in the same condition as when it went in (as high lit in green), them using it is a breach of contract surely? If so they need to put the OP into the position he was in before he paid (not to mention the OP could have confidential documents on the laptop, so definitely a breach of privacy).

[andydd]

The OP paid for it to be in the same condition as when it went in (as high lit in green), them using it is a breach of contract surely? If so they need to put the OP into the position he was in before he paid (not to mention the OP could have confidential documents on the laptop, so definitely a breach of privacy).

 

Well..we dont know, we havnt seen the contract... It may or may not make mention of the scenario.

 

Privacy laws in the uk are rather complex and if if someone did use the PC there is no real suggestion that they did actually snoop around and view private documents (although quite why someone would sell/hand-in a computer with unlocked personal docs is a mystery to me !).

 

He has suffered no real loss or harm or distress so whilst damages MAY be claimable, I doubt whether a court would look too favourable on it, courts are not too keen on 'petty' complaints coming before them.

 

Reading the T&C's and then approaching the company is the first step.

 

Andy

[Surfer01]

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

[andydd]

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

 

Well..maybe IF the OP has lots of time, legal knowledge and lots of money to chase this through the courts..good luck !..I know what I'd do..Forget it !. And Im no stranger to court action having had to take legal action against my freeholder, mostly succesfully but I'd be VERY wary about taking legal action in this case as its very unclear that any real damage has been done.

 

Andy

[patdavies]

Breach of the Data Protection Act as they never had permission to access the data on the computer. There is concern that they may be able to access online accounts etc and as a result changes will need to be made. Unfortunately this involves time and expense. A good basis for a compensation claim.

 

No.

 

The OP is the data controller of any personal data held on the laptop and if it was accessed by the company, then the OP is the one in breach of the Act.

 

You might get further with the Misuse Act

[andydd]

It just dawned on me that if you 'sell' your PC (or other item) to one of these buy back companies do they not then become the owner (but with an option to sell it back to you within certain time period), if they are the owner then surely they could use the PC ?. Just a though, again all depends on the T & C's.

 

Andy

[andydd]

No.

 

The OP is the data controller of any personal data held on the laptop and if it was accessed by the company, then the OP is the one in breach of the Act.

 

You might get further with the Misuse Act

 

Agreed.

 

It is upto the original owner to secure the data, especially if it was sensitive data relating to his job for example, (Hospital records, government, military, etc).

 

Andy