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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7062
Experience:  Solicitor
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We are a direct mail house. We mailed some magazines for our

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We are a direct mail house. We mailed some magazines for our client in June last year however the company was purchased by an asset stripper, the company went into liquidation and we were not paid.The assets of the company were bought by another company who is threatening us with legal action for not giving him a copy of the data list we were sent for the mailing we were not paid for.As you can imagine due to experiencing a loss on this client we are not in a position to pay for legal advice on this occasion. Are we legally bound to send him a copy of the data list supplied by the liquidated company?

Hello my name is ***** ***** I will help you with this.

Did you have a contract with the previous client?

Customer: replied 4 months ago.
Hi Jamie,
We didn't have a contract, our client was free to use a different mail house at anytime.

Sure. Well if the list was supplied to you by them, only they can request it back.

You would have had an implied contract - it can only be with them
So only they can request it, no-one else.

They are liquidated so unless the new purchases has brought this list, then they would not be entitled to it.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 4 months ago.
We are a data processor and do no hold the original copy of the data. The liquidator appears to have sold the data list as one of the assets but was not in possession of the data.
Does the new owner have any case against us as a data processor?

No. None whatsoever.

Does that clairfy?

Customer: replied 4 months ago.
That’s great this definitely clarifies the position. Many thanks for your help.

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