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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi my name is Sue. Im a business owner and have been informed

Customer Question

Hi my name is Sue.
I'm a business owner and have been informed of a self employed person leaving my beauty business. This was done whilst on my holidays last week, they have taken all the client record details with them. I need to explain that the clients this person has been servicing have been supplied by groupon by running deals with them, this beautician hasn't brought these clients into the salon. The groupon deals are registered to my name at my business and payments are paid directly to my bank account, then it pay the beautician her percentage of what we agreed. I haven't got a written contract with this beautician. We're do I stand legally and what can I do about it.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you have any form of contract with them?
Customer:

No I havent

Alex Watts : Who did the client records belong to, the business?
Customer:

The business with groupon is registered to my name and to my business. And I receive payment from Groupon for the clients who book with us. This person is self employed who actions the treatment and I pay her a percentage of what I get paid from Groupon.

Alex Watts : Thank you, ***** ***** the details belong to you.
Alex Watts : This is a most serious breach of the data protetion act, she has taken customers details from the business without consent
Alex Watts : You can do several things, first get a solicitor to write a letter, asking her to destroy the details and agree not to contact.
Customer:

so what can I do, do I contact the police, will they do anything about this.

Alex Watts : If she refuses or you prefer then you could seek an injunction demanding that she delviers up the details and does not directly or indirectly contacts customers
Alex Watts : You would need to complete form N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court would then list the matter for a hearing. If the Injunction is not contested the court can make it final.
Alex Watts : If It is contested the judge will give directions and set the matter down for trial. In the meantime the judge will consider whether to make an interim order.
Customer:

Can I send these forms myself or would I need a solicitor to do all this, and what would the cost implecations be.

Alex Watts : If she disobeys the injunction then she is in contempt of court and can be warned, fined of sent to prison.
Alex Watts : The cost to do this yourself is £280
Alex Watts : The cost of getting a solciotor and a final hearing would be £5000, but if you win you can ask for costs
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Only where do I obtain the Ni forms and Ni6 forms

Alex Watts : online as per the links above
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Customer:

Ok thankyou for your help

Alex Watts : Can I clarify anything else for you?
Alex Watts : Is there anything else I can help with?
Customer:

Sorry Alex, ive just looked at the forms, once I fill them out how do I go about the court

Alex Watts : You can search your nearest county county here
Alex Watts : https://courttribunalfinder.service.gov.uk/
Alex Watts : Does that help?
Customer:

Hi Alex what heading would I put the issue under, would it be Employment, or money claims

Customer:

Also before I contact the court with the N1 and N16 does she have to have an official letter, or can I just start straight away with filling the forms out etc.

Alex Watts : It's not a money clam. You want a non money judgment
Alex Watts : You can do it straight away if you are concerned.
Alex Watts : Does that help?
Customer:

yes thankyou

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.


Hi Alex,


just a couple of questions, will the matter be dealt with on that day and a finalised outcome obtained.


What if she doesn't turn up what happens.


What if she doesn't give back what is mine if that's the outcome, were would I stand.

Expert:  Ash replied 2 years ago.
If she doesn't turn as long as the judge is satisfied she has the application then it's granted.

If she doesn't give it back you apply to commit her to prison for contempt!

Alex

Customer: replied 2 years ago.


Hi Alex,


How much would that cost

Expert:  Ash replied 2 years ago.
Another £280 in court fees.

But again added to any debt.

Alex

Customer: replied 2 years ago.


And does this count for if im told she has to return the property and doesn't, this is the action I can take. Thanks.

Customer: replied 2 years ago.

Would I use the same forms as the ones you already tagged earlier in the conversation. If I had to pursue for property, or non turn up.

Expert:  Ash replied 2 years ago.
No, there is a special form which you get from the county court office.

But one step at a time!

Alex
Customer: replied 2 years ago.


Thankyou

Expert:  Ash replied 2 years ago.
Happy to help

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