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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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An ex-employee and ex-director of my husbands company came

Resolved Question:

An ex-employee and ex-director of my husbands company came back into the office after they resigned and took computers and other equipment that didn't belong to them. They were contacted by the police and received a letter from my solicitors asking them to deliver up the goods back to my solicitor. They delivered the goods with a letter to say that they had returned everything including the database of the company. We subsequently found out later that the memory stick they returned of the database, was a copy and there were various other lies within the letter they signed and sent back to my solicitor. What I need to know is.....a) Is signing a letter to a solicitor as the "truth" a criminal or civil offence as it is a blatant lie and b) is the theft of the database a criminal act? They have since set up their own businesses poaching our clients using the database.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : For now please let me know if the items were delivered up as a result of a court order?

No. It was by way of a phone call from the police to the ex-employee and ex-director (the ex-employee is ex-police too) and by a solicitors letter

Alex Watts : Have they since delivered this up?
Alex Watts : i am just on the train so my reply may be delayed

Yes, they delivered the goods up within a day but they opened the computers and uploaded the database to a memory stick which wasn't the one they gave to the solicitor (we had the computers professionally looked at). They said they had clients files and keys (we are an estate agent) because the clients had dis-instructed us. This isn't true as we still have a specific client that they mention in their letter.

Alex Watts : Ok. Potentially it could be fraud by making a false representation


Alex Watts : So you could complain to the police but they may consider this a civil matter
Alex Watts : If so if you wanted to persue it that could only be through the county court
Alex Watts : You can't make the police prosecute sadly
Alex Watts : But you could only sue for the additional work caused
Alex Watts : Can I clarify anything for you about this today please?

would the fraud be the fact that they said on the letter that they were telling the truth but in actual fact they were blatantly lying?

Alex Watts : Yes it could be
Alex Watts : irs not perverting the course of justice or anything like that
Alex Watts : I think at most fraud
Customer: I've got to give it a try with the police and see what happens? I've already got a complaint going on against the officer that took my original theft statement as he didn't arrest them to start with......(maybe something to do with being an ex-police officer).

Alex Watts : Ok. Yes it must go through the Police
Alex Watts : Can I clarify anything else for you?

No, that's perfect. Thank you

Alex Watts : Great. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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