Littlewoods catalogue won't return an item sent to them by mistake

[Pixidust]

I'm not sure whether this is the right place for this, so apologies if I'm posting in the wrong place.

 

I'm pulling my hair out with this problem. Basically, my Son's friend is the account holder for a Littlewoods catalogue. My Son ordered some items from him and had them delivered here for convenience. At the same time I'd ordered a raincover from Mothercare, both of which arrived together. The items for my Son needed returning as they were the wrong size, so collection was requested, but when the driver came to collect the items my youngest son handed over my Mothercare raincover by mistake.

 

I have the item tracking number and telephoned Littlewoods to request my item be returned, but they advised they also needed the Account Holder's account number. So, I obtained this and phoned back, but now they're saying they can't investigate due to Data Protection.

 

I've pointed out that I'm not requesting data, I'm simply asking them to return my property and supplied the account number to help them locate it quicker, but they refuse to do anything unless the account holder contacts them directly.

 

However, because the account holder is not exactly a friend, and it'll cost him money on his mobile phone to chase this up, he is saying that this is a matter between me and the catalogue company, So I'm running around in circles, The fact is Littlewoods have an item belonging to me and I want it back.

 

Any advice on how I resolve this would be greatly appreciated, especially as the raincover cost me £30 and also needs to be sent back

[rebel11]

Thread moved.

[Pixidust]

Well I'm getting nowhere fast with Littlewoods. They refuse to discuss this with me and keep quoting the Data Protection Act when in fact this is not a Data Protection issue at all. They're simply misrepresenting this Act to retain property that doesn't belong to them. And yes, I'll be reporting this to the ICO as this practice is frowned upon.

 

Littlewoods continue to insist that they will only discuss this matter with the account holder, despite the fact that I've pointed out this actually has nothing to do with the account holder. They shouldn't have to refer to the account holder's account at all to resolve this and they certainly don't need his permission to return it. I've therefore given them 7 days notice to return my property or I will take legal action against them to recover the cost of the item

 

I know I can do this and I'm fairly certain they don't have a legal leg to stand on, but I've never done this before. So, does anyone know how I go about this? I assume I'd have to take them to the small claims court and I'm fairly sure this is a civil matter rather then criminal, so I won't get any help from the Police (although I'd to interested to find out whether misrepresnting the Data Protection Act to unlawfully retain items that do not belong to you crosses the line).

 

What happens if Littlewoods cave in before the Court date and simply return the raincover? Do I then get left with any costs I've incurred submitting the legal paperwork to force them to return my propery or can I still request that they pay the costs on the basis I've given them more than enough time to return my property and they only did so after I commenced action against them?

Edited March 15, 2011 by Pixidust

[perplexity]

If your son was negligent, it is the son who you need to take the action against.

 

Who requested the collection?

 

I fail to see how that would happen if they refuse to deal with anybody but the account holder.

[Pixidust]

It isn't a case of negligence, it's a genuine error. It should be a simple case of "oh dear, we've received this by mistake, would you like us to return it by post, or would you prefer to collect it personally"? But Littlewoods, in my opinion, are being deliberately obstructive.

 

My eldest son lives with the Littlewoods account holder who ordered items for my son (correctly) from Littlewoods catalogue. The account holder requested the items be delivered to an alternative address (mine) because it was convenient (my son was staying in the area at the time).

 

At the same time I ordered an item from Mothercare and they both arrived together. My youngest son was told to expect my item so signed for both (he would not have questioned the fact that he signed for 2 items instead of 1 because he was not specifically told only one item was arriving - communication error on my part here).

 

My eldest son and the account holder collected their items and as far as I was concerned that was the end of it. However, the items that were ordered (by the account holder) from Littlewoods were the wrong size, so the account holder arranged for Littlewoods to collect the items under their returns policy, but as they (my eldest son and accoount holder) now had possession of the items, he (the account holder) arranged for the items to be collected from HIS address, not mine.

 

However, because the items were delivered to an alternative address (mine), the courier called to collect them from the alternative address (mine). This was a genuine error, I accept this. Mistakes happen!

 

My youngest son, who is 17 with registered learning difficulties and legally classed as disabled was confronted at the door by someone asking for the Littlewoods return items. Not knowing any better he handed over my mothercare item by mistake. I could argue that my youngest son should have been treated as a minor and the courier should have refused to accept returns from him, but my son's learning difficulties are not always obvious within the first few minutes, so again I accept that this was just a simple mistake and it happens!

 

The other items (that the account holder ordered for my eldest son) have now also been legitimately returned to Littlewoods by the account holder from his own address. NOBODY owes Littlewoods anything. But every time I try to speak to Littlewoods to get my item back they refuse to discuss it and preach Data Protection to me.

 

This is not a Data Protection issue. Littlewoods are simply using this as an excuse not to communicate with me, and I really can't understand why as they clearly know the item they received does not belong to them and any attempt to retain it is surely unlawful?

 

As a side note, my job requires me to be well versed with the Data Protection Act, so I know what Littlewoods can and can't do (it's the other stuff I'm struggling with). From the second Littlewoods received my item they had a Buisness need to access the account holder's account (the tracking number would require them to log receipt of the item and it would have been linked to the account holder). You are directly in breach of Data Protection if you so much as ACCESS an account without a legitimate reason for doing so (no breach here then).

 

Indeed, the fact that Littlewoods were able to furnish ME with the account holders name (not once did I ever give them his name) shows they must have accessed the account. So if Littlwoods genuinly believe they cannot locate my item due to Data Protection, they shouldn't have accessed the account in the first place. If Littlewoods are accessing cases they believe they have no business cause to access then breaches could be occuring (just an observation, not an accusation). Of course, Littlewoods could simply be misrepresenting DPA in order to avoid dealing with legitimate complaints, which I'm not sure they're allowed to do either.

 

I'm fairly certain if I had items belonging to Littlewoods and was refusing to pay for them I'd be receiving all sorts of threats by now.

 

Sorry for long-winded reply. This is why I condensed my original post, but maybe the full facts are needed in order to see how messy this really is and how obstructive Littlewoods are actually being

Edited March 16, 2011 by Pixidust

[MARTIN3030]

I think they are entitled to say that they will only deal with the account holder,since they have no contract with third parties.Their citing of Data Protection,is in consideration of them having to process data which is not your own.

He could give permission for them to deal with you,and it may be an idea for him to do this in writing.

These things need to be done in writing though as you will find that things get dealt with much quicker.

[Pixidust]

They've finally agreed to trace my mothercare item and return it to me. It appears the threat of legal action did the job.

 

All I wanted was my own personal property returned. It never had anything to do with the account holder. They should never have turned up at my property and took something belonging to me.

 

They have advised me it "should" be redirected to me within 14 days. So fingers crossed.

[Crapstone]

I think they are entitled to say that they will only deal with the account holder,since they have no contract with third parties.Their citing of Data Protection,is in consideration of them having to process data which is not your own.

He could give permission for them to deal with you,and it may be an idea for him to do this in writing.

These things need to be done in writing though as you will find that things get dealt with much quicker.

 

If you read the thread they have taken goods that don't belong to either Littlewoods or the account holder, they are from Mothercare and belong to the OP so the DPA doesn't play any part.