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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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On Wednesday this week an email came to my attention from a

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On Wednesday this week an email came to my attention from a guy who worked for us on marketing as a freelance for over five years. He no longer works here and we have been as constructive as we could be in not cutting him off completely, however, he is both using our mailing lists and issuing paperwork purporting to be Vinalith. I have found evidence where he has written to a customer telling them he is freelance and it OK to accept an invoice from him, using our address and our name.

Worse than this, one of the guys who has been with us for years internally is feeding him emails and on Wednesday helped him process a job through our factory and load it in the other guy’s car. I’m now monitoring emails trying to understand how bad the situation is.

Clearly this needs to stop, I could call the Police, but that won’t get my data back. What they are doing is Fraudulent and the goods or services are Theft. I’m wondering if we can issue a Legal Notice for the actively to cease and for the return of Data destruction of any Vinaith emails, file, or correspondence and the return of any hardware, phones, dongles, or computers.

Is there any injunction that could stop them using our data and passing off as us?

I've written a list of things for them to desist from as I think it might be a solution and need it written correctly.

Anyone in a position to help me?

Best regards, Tim…
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today.

You are right about the criminal aspect. Dishonestly making a false representation intending to make a gain or cause a loss is fraud. Both you and the end customer are being subjected to false representions and you could ask the police to investigate.

But the fact that he is passing off as your business does give you grounds to obtain an injunction to stop his activities and claim damages for the loss of profit to your business. But rather than write and send the letter yourself, you ought to get a solicitor to do this - to get the terminology correct and also to show that you are seriius about your position.

Unfortunately as we are not a law firm - we are a Q&A site with qualified lawyers - you will need to find a solicitor to do this work for you. You can find a list of commercial solicitors in your area if you look on the Law Society website www.lawsociety.org.uk or 0207(###) ###-####or you can do a Google search.

Hope this assists. Happy to discuss further if needed.

Alex
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