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Legal matters

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Unauthorised photography within my home and sharing of the photographs

538 replies

Changerofthename1 · 09/11/2022 19:08

I found out that a contractor has taken photographs of the inside of my home that I did not authorise, one of them has got my child in the corner I’m fucking furious about. Obviously it’s gone from one employees phone to another and then it’s been forwarded onto who is thinks is me but actually I’m using an email address that isn’t the one that he would have on my contract if that makes sense so I think he’s on thin ice with that.

This can’t be legal surely ?

OP posts:
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LaGioconda · 09/11/2022 23:58

You invited them into your home so they could see it all. I struggle to understand how taking a photograph of what you invited them to see is a breach of privacy.

1POTUS · 10/11/2022 00:00

Of course the reason is relevant.

It's probably something entirely your fault and you're using this completely lunatic reason that they took a picture (probably as evidence and you know it can't be contested against)

And you're raging your kid photobombed a pic?

Red herring here can smell or a mile.

Changerofthename1 · 10/11/2022 00:01

LaGioconda · 09/11/2022 23:58

You invited them into your home so they could see it all. I struggle to understand how taking a photograph of what you invited them to see is a breach of privacy.

They were not invited to see, this was not at the quote stage.

OP posts:
LaGioconda · 10/11/2022 00:04

Of course they were invited to see. As soon as you invite someone into your house you know they are going to see it. You don't expect them to go around with their eyes shut.

LaGioconda · 10/11/2022 00:06

Changerofthename1 · 09/11/2022 23:46

Because its irrelevant to the OP.

The legalities sounding their breach are open and shut, black and white. They dont have the capacity to provide the service they have retained a deposit for. End of story. That’s it. Nothing more exciting.

People aren't asking whether the reason they gave was valid, they are asking what reason they gave. Because that is apparently why they took photographs, so it's central to the issue you have raised.

Changerofthename1 · 10/11/2022 00:07

LaGioconda · 10/11/2022 00:04

Of course they were invited to see. As soon as you invite someone into your house you know they are going to see it. You don't expect them to go around with their eyes shut.

I don’t expect them to take a photo though. Whilst my back is turned. Is that what you do when you’re invited to someone’s home ?

OP posts:
Changerofthename1 · 10/11/2022 00:08

LaGioconda · 10/11/2022 00:06

People aren't asking whether the reason they gave was valid, they are asking what reason they gave. Because that is apparently why they took photographs, so it's central to the issue you have raised.

I’m trying not to be snappy but it’s gone midnight and it’s been a long day. They don’t have the capacity to carry out the job, it’s bigger than they thought when they quoted for it having been on site and carried out a survey.

OP posts:
GarlicCrackers · 10/11/2022 00:10

@Changerofthename1 For clarity - 99% of my day job is advising public sector on data protection.

The photographer needs a legitimate interest in order to take the photograph. In this instance it sounds like they'd be saying, I took the photograph to evidence x y z why I can't start the job. That is permissible. Child should be cropped out of photo. If photo is sent from employee a to b that's permissible but the argument that the child should not be in the photo is 100% valid and you can request the company remove the personal data of your child. Meaning photo should be deleted/cropped/face blanked out

They are entitled to obtain/use photographic evidence of why they can't do a job however I'm saying that for instances where its above board and I'm not commenting on your particular circumstance as it sounds a trifle dodgy

Changerofthename1 · 10/11/2022 00:12

@GarlicCrackers and for absolute clarity that still applies within a private home without permission does it ? Thank you

OP posts:
Eastangular2000 · 10/11/2022 00:14

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toomuchlaundry · 10/11/2022 00:29

What were they photographing to show they couldn’t do the job?

Suemademedoit · 10/11/2022 00:31

If ever a case called for Judge Judy, this is it. She’d have cut to the chase within 2 minutes.

So, having pieces it all together, these cowboys have £5k of yours, totally underestimated the amount of work involved, took photos to show their boss the place is bigger than they expected. Now they’ve said they can’t do it because they only allotted 5 weeks but this is going to be a much longer job, and they’ve still got your deposit. You’re pissed off. Work was supposed to start, they’ve strung you along to today’s start date and now you don’t think you’ll see them until the new year. As it is, you want shot of them.

To add insult to injury, they were underhand in taking photos of your house when your back was turned. These strangers, in your house, treating it like a building site and not your home. They also had your kid in one of the pics. They’ve basically got your money, not upheld their side of the bargain, treated you disrespectfully in your home, given you the run around and YOU’RE PISSED OFF.

I get it. But you’re going about this all wrong. You’re angry and pissed off but you won’t get what you want - your money back and photos deleted - by shouting and throwing around breach of privacy accusations and threatening court action. I mean, you could. But wouldn’t it be quicker and cheaper and better for your blood pressure to just, like, ask them in the morning? Calm down, catch your breath, talk to them calmly and say when you’re pissed off with and what you want? Maybe hold the threat of court action over them, silent assassin-style?

There’s really no need for all this shouting and anger. I’ve had shitty men treat me like a nothing in my own home (looking at you, Liebherr repair man), but shouting isn’t as effective as a well planned phone call and follow-up letter to the right person. And, if this is a cowboy outfit with no proper person to complain to, I’m afraid you only have yourself to blame. You won’t see that money again (or you will but be net down after costs, time and stress that you can ill afford with a toddler and a job).

kirinm · 10/11/2022 00:33

Supercal00 · 09/11/2022 22:49

The OP is ridiculously reactive to posts. Doesn’t sound like a pleasant person at all so maybe the builder has done a good thing not working with her! If you post asking questions on here don’t expect it to all go your way of how you expect it to. No need to be so aggressive and such a smart arse with people.

And what do you think you're being? The OP has had posters calling her unhinged and nits. She doesn't deserve the abuse she's getting.

stuntbubbles · 10/11/2022 00:39

Changerofthename1 · 10/11/2022 00:08

I’m trying not to be snappy but it’s gone midnight and it’s been a long day. They don’t have the capacity to carry out the job, it’s bigger than they thought when they quoted for it having been on site and carried out a survey.

Did they quote sight unseen and this was the first time they’d been to the house?

marblemad · 10/11/2022 00:45

Give them an allotted number of days in a written formal letter addressed to the manager or company and state if the monetary value is not returned - on the grounds they have failed to perform the task, then legal proceedings will commence in the form of small claims court. If they do not respond within 14 days and/or begin processing refunds then seek to log a case through small claims court. Gather all of your evidences and as stated above be short, concise and coherent. Potentially approach no win no fee's or citizens advice for additional advice and you should have your money returned. Also look up whichever regulatory and licensing bodies they are reporting to and state in your letter you are notifying those bodies regarding the ongoing fraudulent situation. Not providing an advertised service and withholding the refundable amount breaches the consumer rights act so look into that and state that too. Good luck.

marvellousmaple · 10/11/2022 00:49

Why didn't you just say it was a misquote in the beginning OP? So much drama .

MissMaple82 · 10/11/2022 00:57

Changerofthename1 · 09/11/2022 22:23

Can you PM me your address them please so I can pop round and take a snap of your living room and any of the kids that you’ve got in it at that moment ? I may distribute those photographs within my organisation but I’m sure you’d be totally cool with that.

Say it again.. fruit loop alert ⚠️ 📢

BlackBarbie · 10/11/2022 01:28

toomuchlaundry · 10/11/2022 00:29

What were they photographing to show they couldn’t do the job?

it’s totally irrelevant. Apparently

WiddlinDiddlin · 10/11/2022 03:29

I don't take photos randomly of the inside of someones house, toddler or not - because when I am invited through the course of my work, into someones home, the inside of their home bears no relevance as to whether I can do my job, nor do I report back to anyone else.

Of COURSE a contractor is going to photograph the reason they can't start the job, to protect themselves against you declaring whatever it was didn't exist.

Of course they sent that photo to their boss - because their boss needs to know.

What did they say though - did you see the photo taking and freak out (because earlier you appeared unaware until the photo was sent to you), did they say 'we can't do x because of y', did they just walk out?

This drama within this thread is entirely caused by you presenting a snippet of the available details without context - it immediately leads people to think you are hiding something.

The fact remains, they've done nothing wrong in taking a photo and sending it to their boss.

Wherediditallgo · 10/11/2022 06:19

So they’d been to the house previously. Measured up, got organised, bought materials, then were unable to start the job for a reason that you won’t tell us.
I would be mightily pissed off if I was a builder in that position, expecting to begin what sounds like quite a big build, and then be unable to proceed. Your builder has employees to pay and the cost of materials has skyrocketed in the last few months. I’m not surprised one of the workers took a photo to show their boss the issue.

So, once again, why were they unable to start? Or is this just a massive wind up?

Anotherguy · 10/11/2022 06:51

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Changerofthename1 · 10/11/2022 07:23

Wherediditallgo · 10/11/2022 06:19

So they’d been to the house previously. Measured up, got organised, bought materials, then were unable to start the job for a reason that you won’t tell us.
I would be mightily pissed off if I was a builder in that position, expecting to begin what sounds like quite a big build, and then be unable to proceed. Your builder has employees to pay and the cost of materials has skyrocketed in the last few months. I’m not surprised one of the workers took a photo to show their boss the issue.

So, once again, why were they unable to start? Or is this just a massive wind up?

@Wherediditallgo I’ve told you why they couldn’t start, it is entirely there own fault.

@Suemademedoit nobody shouted at anybody but thank you very much for the tips appreciated.
@marblemad okay thank you for the breakdown and the advice.

OP posts:
Mulhollandmagoo · 10/11/2022 07:26

So you're not in breach of contract then? They are?

Igotjelly · 10/11/2022 07:28

Fuck me is this thread still going?

medicatedgift · 10/11/2022 07:35

How were they supposed to do the job without opening their eyes 😂😂😂😂