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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my husband was closed down by fca june 2013 and he now cant

Resolved Question:

my husband was closed down by fca june 2013 and he now cant get a job becasse every time you goggle hes name the fca have put it on there website and its stopping him getting a job
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Why was he closed down please?

Customer:

bits very complicated you would have to goggle he's name its paul cable. he made a very big mistake and we have payed for it now we lost our company our home and everything now. and we are trying to get our life back together every time he applys for a job they check him out on goggle and he don't get as far as a interview.

Customer:

I have e-mailed the fca and asked them if they would remove it from there website now because it has been nearly a year and they have said no. so I just don't know what to do now.

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

ok thank you ben

Customer:

sorry my name is jackie

Ben Jones :

Hi Jackie, I completely understand the difficult position he is facing but the issue is that the FCA have no obligation to remove this information from their website. This is a factual matter so by publishing it they are not doing anything wrong – they are simply stating what actually happened, following a formal investigation and the decision that was made. Had they posted something incorrect about him, something that did not happen for example, then he would be able to argue that this information should not be visible to the general public. However, all they have done is provided details of things that actually took place and as such it is not in any way illegal to have these published. It is the same as having the newspapers comment on a criminal trial – as you can guess it would be very bad publicity for the person involved, but it is not in any way unlawful – all that they would be reporting on is factual matters and as such they have the right to publish it, just as they do in this case.


 


So he may feel that he has ‘served his time’ so to speak, but unfortunately this could come back to haunt him for some time to come and there is little that can be done to remove that information from the public domain.


 


What he could try and do is change his name by deed poll – this is a very simple and cheap procedure and it would legally change his name to whatever he chooses it to be and he can refer to himself under that new name and make the applications under it. He will have to change all other official documents in relation to this as well, such as passport, driving licence and so on, but if he applies for a job under his name, which he can legally do, as long as he is not specifically asked about previous names he could erase this link to his past. It is a last resort but one he may have to consider in the circumstances.


 


Hope this clarifies your position?

Customer:

yes I have thought about doing this . ok thank you very much

Customer:

jackie

Ben Jones :

You are most welcome, I hope you eventually get a happy ending with this

Customer:

thank you can I just ask if he was to change he's name how do you change your NI number,

Ben Jones :

The NI number won't change but HMRC would update their records to link the new name with the NI number

Customer:

ok thank you

Ben Jones :

no problem, all the best

Customer:

sorry can I ask one more thing I have just seen on the news that you can now ask Google to remove a link which I would like to do I know it will have to stay on the fca website but if I could get it removed from Google would be good. but I don't know how I would do that there is no contact number for Google and they didn't say on the news how to do it.

Customer:

jackie

Customer:

just wondered if you knew how to do it

Ben Jones :

Hi, Google would not just any page following a request for that. This is only done in certain limited circumstances. Their policy on this can be found here:

https://support.google.com/websearch/answer/2744324

You can also use this:

https://support.google.com/websearch/troubleshooter/3111061

Customer: Ok thank you
Customer: Hi Ben
Customer: thanks for your help
Customer: realistically I need to change my name by ddedpoll
Customer: not sure this solves the problem as employers still want references
Customer: can we do anything else?
Customer: best
Customer: paul cable
Ben Jones :

Hello Paul, not sure there is much more that can be done - the options you have are really as detailed above - it won't full solve this but it will at least try and reduce the negative effects this has on your future employment opportunities.

Customer:

thanks Ben

Customer:

on another matter we were evicted from our house last oct .we applied to the court to stop this and had to use duty solicitor on the day.He gave us 30 secs of advice and the magistrate ruled in favour of the natwestse hedmt

Customer:

we then complained to financial ombudsman and NatWest. The latter admitted writing they did not review our repayment plan and sent us £50 compensationrnp

Customer:

the matter is with the ombudsman.

Customer:

will we get compensation?

Customer:

they made us homeless having lived at the house for 12 years and a customer of the bankd for 25.n

Customer:

they admitted they did not respond but confirmed they rreceived our rprroposalsout

Customer:

proposals

Customer:

I contracted diabetes last aug and the did ask their solicitors to get details hey

Customer:

should I get a solicitor is there any point?

Customer:

I am angry how we were treated and most of our valuable items at the house went missingasf

Customer:

thanks for your help

Customer:

paul cable

Ben Jones :

Hi Paul, as this is an entirely separate query and outside of my area of law you will need to post it as a new question on our site, just like you initially did with this one, thanks

Customer:

ok no worries thank you anyway. paul

Ben Jones :

you are welcome, all the best

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