How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, My name isXXXXX am based in the UK, Me and my partner

Customer Question

Hi,
My name isXXXXX am based in the UK, Me and my partner recently had to cease trading from our Pub after 6 years we had 8 years left on the lease with one of UK's biggest Pub companies.

The issue we have is that over the two years are Regional manager when told of are struggles we had no support. The day after we ceased to trade he asked me to meet him at the Pub in Question, which I did.

Because of the manner of approach in previous meetings I set the CCTV to record to cover myself incase anything was to happen, as it was just the two of us in a empty pub, his approach to me was as I thought.

Below are some comments that where recorded which I think are in breach of there code of conduct.

We received advice from are accountant and insolvency people which advised we could not continue trading a insolvent company (this is not on the insolvent register as yet but we do not have the funds to wind the company up, we have informed all creditors that we are unable to do so)

I decided to type up the Conversation and have followed their grievance procedure with the pub company by sending the type up of the CCTV recording.

"Quote from Recording" (from there Regional Manager)
You can’t cease trading, that’s number one. Have you thought this through?
Your going to lose your house etc. etc..
He went on to say have I thought of a CVA, which i reply no, he then goes on the phone to a 3rd party to organize a company to come and see me to arrange this, in the call he discusses my debts company and personal. is this legal? data protection? Human rights?


After me sending my letter of complaint and a copy of the Recording via Text to his Boss to highlight things that had been said his response is as below.

"Quote From the Pub Company"
We have had legal advice for your attempt to entrap Mr ******* without Knowledge" and it has been breach of human rights and Privacy.

(In are License is does say CCTV should be on at all times in the Premises, and there signs on the doors on entry)

Currently they are looking to claim £28k from us mostly made up of dilapidation's and Rent, which we disagree with.

My Question to you is will my recordings stand up against this Company?
There discussion on the phone about my debts company and personal? is this allowed?
Them saying you can not cease to trade when i have been advised by professionals i should not carry on?



Thank you in advance

Bill
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

I would assume the recordings can not be disputed and it is obvious who the individual is and what they are saying and who they represent please?

Alex Watts :

I also assume the area is a public place in any event?

JACUSTOMER-drq8g6ow- :

Hi Alex glad to hear you will help on this, he answers the phone with his full name, it is a public place we were stood leaning at the bar.

JACUSTOMER-drq8g6ow- :

The Pub was closed at the time it was the day after we had stopped trading.

Alex Watts :

It is NOT a breach of Human Rights.

Alex Watts :

This is because Human Rights can only be against a Government Department.

Alex Watts :

You and the Company are not Government Departments, so no it is NOT against Human Rights.


Alex Watts :

This means if the matter went to Court it would be up to a trial Judge to decide whether or not the CCTV would be excluded as evidence.

Alex Watts :

As it is a matter of fact, ie you are adducing the evidence of the truth, my view in that a civil trial the CCTV would be permitted as evidence.

Alex Watts :

Therefore I am of the view your recordings would hold up in Court.

Alex Watts :

If the personal data is about you, then you can admit is as evidence and use it as proceedings.

Alex Watts :

You should carry on in my view.

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-drq8g6ow- :

do i reply to there last letter where they say i have "Quote From the Pub Company" We have had legal advice for your attempt to entrap Mr ******* without Knowledge" and it has been breach of human rights and Privacy.

JACUSTOMER-drq8g6ow- :

or just hold fire now and see if they want to take court action and hold all my findings till hearing?

Alex Watts :

You can if you want but I would not bother.

Alex Watts :

It is NOT a breach of Human Rights for the reasons explains.

Alex Watts :

I would wait until any hearing and they can object then to the evidence and try and exclude it.

Alex Watts :

Can I clarify anything about this for you today please?

JACUSTOMER-drq8g6ow- :

they will probably try to still pursue me still for the 28k, for a delap report and we dont make payment not that we can pay it they take court action

Alex Watts :

They can try and take Court action but then you could defend and counter claim against them,

JACUSTOMER-drq8g6ow- :

You have been very helpful, just few more things to ask if possible. they sent the departure statement which had the 28k on it and they asked for response in 14 days which we did saying we disagree with it, there letter will probably be the same asking 14 days to make payment etc... do we just ignore this letter?and so on... or respond saying we still disagree? when you say counter claim, would this be on how we have been treated?things that he said?

JACUSTOMER-drq8g6ow- :

is it data protection when discussing my details with third party?

JACUSTOMER-drq8g6ow- :

or company law?

Alex Watts :

It is a matter for you, if you disagree then you need to set out your position in writing.

Alex Watts :

The Data Protection Act would only apply if discussing personal details of the other person, rather than with a Company.

Alex Watts :

Does this help?

JACUSTOMER-drq8g6ow- :

Got to be honest am not fully clear with the human rights thing you say its only in Government repo, i have just found this which i think they refer to,

JACUSTOMER-drq8g6ow- :

The right to a fair trial and no punishment without law - you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you, in a court of law.

JACUSTOMER-drq8g6ow- :

department

JACUSTOMER-drq8g6ow- :

they meaning pub company

JACUSTOMER-drq8g6ow- :

Just want to be fully clear on this if we are taking it to the end.

Alex Watts :

Human Rights does NOT apply to the Company or to you.

JACUSTOMER-drq8g6ow- :

which we are happy to as we feel in breach

Alex Watts :

It only applies to a Public body which you and they are not.

Alex Watts :

They are a company and Human Rights does NOT apply.

Alex Watts :

"he Act applies to all public authorities (such as central government departments, local authorities and NHS Trusts) and other bodies performing public functions (such as private companies operating prisons). These organisations must comply with the Act – and your human rights – when providing you with a service or making decisions that have a decisive impact upon your rights."

Alex Watts :

Does this help?

JACUSTOMER-drq8g6ow- :

It does, thank you.

Alex Watts :

Thanks. Please remember to rate before you leave tonight please, which I hope has been excellent and that is how the site pays me! Thanks

JACUSTOMER-drq8g6ow- :

Can I just ask (sorry), as the cameras were set up on the day I had a meeting with the regional manager, as they always are, and I have informed them of the conversation that was had, the day after we ceased trading, I have been accused of entrapment. Am I right in saying that you can only accuse a law enforcement body of entrapment? or can it be used on a personal basis? What rights have I breached if I have his voice on a recording?

Alex Watts :

Its not entrapment - that is only used for criminal proceedings.

Alex Watts :

You have not breached ANY rights.

Alex Watts :

If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

JACUSTOMER-drq8g6ow- :

Thank you for the help on this matter, just to confirm then.

JACUSTOMER-drq8g6ow- :

Do they send me a court letter or is it a county court judgment against me?

Do I then reply against the court judgment? With counter claim?

Do bailiffs turn up at my home address before court action looking for funds?

My last question before I leave you feedback.

Have you had dealings with pub companies in a legal matter?

Thank you for all the help.

Alex Watts :

You would receive a County Court claim form, which you can defend and counter claim.

Alex Watts :

The bailiffs can NOT turn up at home before any Court action has taken place.

Alex Watts :

I have dealt with all sorts of matters, some companies are more reasonable than others

JACUSTOMER-drq8g6ow- :

i no you don't have the full details but do you think based on what you have i have a case?

JACUSTOMER-drq8g6ow- :

this is all new to us and bit worried of the outcome, but really nothing to lose....

Alex Watts :

I think you have a reasonable case yes.

Alex Watts :

But do not be worry about the outcome as you say you have nothing to lose and I think they are just trying to be bullies.

JACUSTOMER-drq8g6ow- :

I agree there is a lot of people in the same boat with the pub companies, oh well here goes!!

JACUSTOMER-drq8g6ow- :

Excellent service thank you.

Alex Watts :

Yes. Please do remember to rate my service before you leave today.

Alex Watts :

Just click the smiley face! Thanks

Expert:  Ash replied 3 years ago.
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.
Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions