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    • Thank you for the reply.No, he still lives there.   
    • What I would love to know is whether anyone has gone the small claims route for infringement (failing to supply all the data)...I'm going to start a fresh thread asking this now.... By the way, my former employer asked for a £900 fee to find all emails with my name included in them. I have had a rather tumultuous 11 months since then but am now back on this so will report them to the ICO tomorrow. 
    • might have been the same address althrough the mortgage but has he moved since?   if not doesn't need ctax copy.    
    • Also, I use 'Live chat' with the ICO and it's really helpful. They advise that it can take up to three months for them to investigate...but it is hugely beneficial to go to court with that judgement behind you! Best to be safe than sorry!   I had this helpful post from mrabody on my other thread regarding quantifying compensation: Take a look at Halliday v Creation Consumer Finance Limited. The claimant was awarded £750 for distress for what the court held to be a minor breach.    https://www.hempsons.co.uk/news-articles/damages-distress-awarded-breach-data-protection-act/   In your case I would suggest the breach is considerably more serious as HSBC has lost your data.   They think it may have been destroyed but they have no proof. The fact is they have no clue as to where it is or who has it.   So in addition to the potential loss of your PPI refund I think the distress component is considerably higher than in Halliday. How much higher I cannot say - but you need to start canvassing the case law on damages for distress.   
    • Hi King 12345,   I'm running a similar thread (but haven't used the word punish...but I guess I should have, Lol)   I've been doing a lot of research on this and I will post two items that you may find of help. I believe they have 'infringed', rather than 'breached':   Link here, text below: https://gdpr.algolia.com/gdpr-article-82 Art. 82 GDPR Right to compensation and liability Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 1Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 2A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
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I wonder if there is anyone who can help me please


I was made redundant a couple of years ago by my former employer as he said it would be cheaper to outsource my role to an outside agency

At the time, the employer was falsifying invoices to the factoring company he used and was in debt up to his eyeballs

He was stopping pension contributions from staffs wages and we were forever getting emails from the Pensions regulator saying that pensions had not been paid. I was better off out of it to be honest but he failed to pay me my redundancy and just after I was made redundant he rolled the company.

He has since re-opened under a different name, had his friend put his name to it as he has done this numerous times and cannot be a director anymore

I took him to a tribunal for non payment of redundancy and I won the case but he wont ever have to pay anything as the company is in liquidation


Since then, I have discovered after bumping into an old colleague that he is still taking a pension contribution from his staff and still not paying it over - how is he allowed to get away with stealing staff wages like this and nothing be done even after all this time?!


He is now being taken to court by an old client as he said they owed him a large amount of money which is why he had to close the company but they didn't, he in fact owed them hundred of thousands in lost and damaged items.

I have been sent his witness statement and he has named me personally stating that I wasn't performing my role correctly and it is my fault that the invoicing was incorrect (even though it was him raising dodgy invoices) 

He has stated in this court paper that I was dismissed because of this! I never once was called into a meeting to dicuss poor performance or anythign like that!


I now want to do something about this as it is defamation of character

Am I legally allowed to ask for my personnel file if I email him and the liquidators?


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I think he will have shredded your file, if he ever even had one. I would simply write a short statement to the court refuting the claims.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Dont they have to be kept by law for so many years?

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What on earth makes you think he's going to be doing anything legal after the way you describe him?


Best to recognise a fool's errand early, and stick to helping the other side in the case if you can.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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This is very true! Word sof the wise


I wouldn't be getting the other side into trouble will I if I send a statement tot he court refuting his claim?

Are they allowed to have sent me his witness statement?

Also, is there anything I can do about his defamation of character?

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If you have details of the other side you could ask them if you can help in any way.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You can't just send statements to courts. Courts don't accept "evidence" from random strangers. As Emmzzi suggests, you could ask the other side if they could use anything from you. But I'd caution you to be clear headed about the fact that your actions are motivated by revenge, not justice. That much is clear from your language. And there's that old saying about digging two graves to remember. Your version of this is clearly absolutely true. You knew all about this employers illegal activities and shady dealings - which you can evidence; and which, of course, you reported to the appropriate bodies at the time, didn't you? You are alleging clear criminal activity which would not be protected even in a phoenixed company. Company status does not protect directors from action which is illegal. 


So when you are on the stand in that court, their lawyer will be asking you for your evidence, for the details of the reports you made, and the outcomes. And if you do not have those, then your are a lying disgruntled former employee. If you do have evidence but did nothing, you are a complicit former employee. In other words, almost every way you cut it, you end up looking as bad as the person you are accusing. Or worse. 


Besides which, if the company no longer exists, who on earth is the former client suing? There's no personal liability unless they can prove - prove - that he acted illegally or negligently. That's a very high standard to prove on current activities, never mind historical ones. 


Get involved, and you invite attack on you. What he claims has no validity unless he has evidence. Lawyers can twist and turn your involvement- you could easily have the opposite effect. 



As for defamation. If you could afford defamation proceedings, you wouldn't be on a free anonymous website asking for legal advice. There's a £10k court deposit for such proceedings.


Really, sometimes anger is best left in the past.

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Telling lies is 50%  of any court case.

Write to the other party and give them a statement about what you did and didnt do at work regarding this issue only , how you left and that you are still owed monies ( claim reference for court case) and that you will attend as a witness if asked to. You dont write or give any opinion or go into things that you cannot prove.

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