Jump to content


  • Tweets

  • Posts

    • 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).
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies

Recommended Posts

Hi

 

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?

 

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...