Consumer Contracts legislation question UK ?

[Surfer]

Can a company use/sell your data, information etc if you are not their customer and if no contract is setup between you? e.g. if you had made an enquiry and they needed information to pursue that enquiry then they have quite a bit of your private information but if you then decide you no longer wish to pursue the application then there is no contract, right? And their terms and conditions are null and void because you never were a customer of theirs in the first place (i.e. you withdrew from contract within 1 day) As far as i was aware UK consumer credit legislation supercedes any sort of t & c of the company correct?

thanks

 

[Mynight]

Depends if you agreed to their T&Cs by contacting them(filling a contact form out and accepting T&Cs). At least I think that's right otherwise no not afaik.

 

[Surfer]

Yes but i'm not their customer. The contract is of the form of: i agree to certain conditions and they provide me with certain things. This didn't happen. So there is no contract so i shouldn't be bound by them (their t & cs) surely?

 

[Mynight]

Would have to read the T&Cs to be sure. I would have thought that there's a stipulation that they can share data given via contact or use of their website. Regardless of goods contract if you "have read and accepted the T&Cs and privacy policy" then you've entered into a contract afaik.

Have you being contacted by marketing or something?

 

[Surfer]

It doesnt matter what their t&cs say though that's what i'm saying...t&cs only apply if i enter into an agreement (ie 2 parties) with them. I didn't so that should be that ....i think.

I will maybe need to look at a couple of legal cases regarding the subject (yay for Westlaw/Lexis Nexis)

 

[Stretch]

It doesnt matter what their t&cs say though that's what i'm saying...t&cs only apply if i enter into an agreement (ie 2 parties) with them. I didn't so that should be that ....i think.

I will maybe need to look at a couple of legal cases regarding the subject (yay for Westlaw/Lexis Nexis)

Some T&C stipulate that the information can/will be used by third parties.

 

[£15]

It could be that the simple fact you contacted them was sufficient for a contract to be in place, regardless of you going on to become their customer?

 

[Vanquish-Storm]

It doesnt matter what their t&cs say though that's what i'm saying...t&cs only apply if i enter into an agreement (ie 2 parties) with them. I didn't so that should be that ....i think.

I will maybe need to look at a couple of legal cases regarding the subject (yay for Westlaw/Lexis Nexis)

Surely if they say by contacting us you agree to our T&Cs you are entering a "contract".

 

[Surfer]

It could be that the simple fact you contacted them was sufficient for a contract to be in place, regardless of you going on to become their customer?

Surely if they say by contacting us you agree to our T&Cs you are entering a "contract".

Ohh i know what you're saying and yep it probably does say these things but....just because it says it in their policy does not make it binding. I think it would come under unfair terms in contracts or even fraudulent terms.

Both parties have to agree in a contract.. there is no contract here just their policy. Which to my mind is very dodgy... Will wait and see if i get bombarded by junk mail/phonecalls.

They shouldn't be able to profit on my private information merely because i made an enquiry. They do not have the right...regardless of what their "policy" states. Their policy and whatever else only applies if you do sign up with them ie to their customers.

Its a bit like when you buy something from a shop and the shop has a policy of "all sales are final..no returns possible" or even " the shop is under no obligation to supply any goods at all"

Do you think such policies or t&cs would hold any water at all? No they wouldnt because consumer law would overrule any waffle or bumfluff jargon they think to come up with....