Shop Direct/Littlewoods no agreement

[lizzy1]

I was looking for some advise on what I should do regarding Lowell. Portolia 1 who have started to harass me with letters and phone calls.

Back in May 2008 Littlewoods agreed not to pursue me due to not having a signed agreement this I have confirmed in writing.

On the 12 sept 2008 I got a letter from Shop Direct informing me they have passed my debt to lowells.

On the 15 sept 2008 I got a letter for Lowell informing me they have been passed my debt from Shop Direct and to call them to make a payment agrangement.

Both these letters are similer so I think they have come from the same office.

Now the question is what should I do?

First of all do Shop Direct have the right to pass my personal details onto a DCA when I haven't given them the authorization to do so i.e signed any agreement.

Should I just contact lowell's and tell them that Littlewoods had agreed not to pursue.

I wasn't aware at the time that this would happen otherwise I think I would have tried to have got the debt taken off my credit report.

It was great news at the time when they said they were not going to pursue but I didn't think it would come back knocking at my door.

Any ideas?

Lizzy1

[Guest]

Re: Shop Direct/Littlewoods no agreement

Write to Lowell and include a copy of the letter you were sent by Littlewoods and explain to them that they must now remove you from their database and never contact you again, save to confirm that they have done as you have requested, or you will take further action against them for harassment and offences under the Data Protection Act 1998.

[Curlyben]

Re: Shop Direct/Littlewoods no agreement

A nice s10 notice should do the trick for the DPA parts

Statutory Notice Pursuant to Sections 10 and 12 of the Data Protection Act 1998.
Data Subject Notice.

Whereas I have been a customer of XXXXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

Other than that I would simply ignore Lowells demands as they clearly don't have the agreement and as such they CANNOT take any legal action.

[lizzy1]

Re: Shop Direct/Littlewoods no agreement

Thanks for advice.

The s10 Statutory Notice Pursuant is a tongue twister!

On the first paragraph it says:

"whereas I consented in my contract with you to the disclosure by you of certain data to third parties"

However I never signed a contract or agreement so I didn't consent will this notice still apply - if yes do I send it to Shop Direct or Lowells?

Shop Direct seem to be the ones at fault as they passed my data on knowing that it is unenforceable or is it?

regards

Lizzy1

[Curlyben]

Re: Shop Direct/Littlewoods no agreement

You'll need to adjust it to suit as you have NEVER consented for Lowells to even have your information.