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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There are records held about me and things I have supposed

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There are records held about me and things I have supposed to have done that are untrue and slanderous. The records were created to cause my reputation to be damaged and to extract me from a persons life. I can prove that the people that have committed the hearsay are likely lying, that is I can discredit their word and likeliness of any of what they have said being true. I can prove with evidence some of the things are definitely not true, but I cannot evidence everything, such is the nature of the comments. How can I get the records removed if they are likely to be untrue or hearsay presented as fact?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today.
What are these records and where are they being held? Who has created them?
Customer: replied 1 year ago.
The records are a combination - emails, meeting minutes and reports, all created by a case manager and carers. They say all manor of lies about me, to make out I was causing conflict and to discredit me. This was because the case manager was not doing her job properly and the carers were neglecting my best friend/ex partner who lives with me and has a 24/7 package of care delivered privately from compensation. The carers were delivering really bad care and each time I complained to management they would all just make up more lies about it. They got progressively worse lies, trying to make out I had a drinking problem, having a breakdown, I was shouting at them, stealing food, logging of the computer so they couldn't access the care records and timetable, just about anything. They even made out that I was distressing my ex partner, even though his distress was caused by them not treating him well.
I was so stressed I went off work with stress for several months as I was so worried about my best friend I was scared to leave him alone for long periods. The neglect got worse, the lies got worse and I was taken to court to try to be extracted for the care process and to an extent, his life. I was the only one that was there for him after his accident, setting up all the care and providing a house for 8 years!!!
Meanwhile I installed covert CCTV and caught them all neglecting my ex partner, falsifying care records and behaving generally dishonestly, badly and doing none of his rehab programmes, just sat around all day ignoring him. All 5 were suspended for gross misconduct and the case manager stepped down. There is also a POVA and the Police were briefly involved. The judge said I was vindicated. Problem is these records still exist. So whilst I and other health professionals know that I did the right thing and always had his best interests at heart, when no one else did, including his family, who believed the lies, if you read the records alone, it makes me look terrible. I am really not happy for them to remain. It's all hearsay, I can prove a lot of it is not true and in any case they are all completely discredited by their actions, I.e. there was a reason they made it up to cover up what was really happening. What can I do? Surely this breaches DPA rules. Can I sue for slander and damages, the anguish we have been through and I have lost over £13 k in lost wages. He's had to go into hospital as there are no carers left and he is being completely reassessed because of the damage they may have done in declines.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You want to achieve compensation?
Customer: replied 1 year ago.

I want for records to be deleted. They have inaccurate information in them, and a lot of it is just lies. I do not want these damaging records to remain. I want anything that is hearsay to be challenged and if it cannot be proved, deleted. I cannot believe anyone can say what they like about you and it becomes a record, and worse, it is shared, potentially forever. These could be used against me at any time in the future, after the good people who know it is crap are no more.

I would also like to sue for compensation, for money that I have lost, damages for the loss to my reputation and all the stress it has caused and compensation for my ex partner, who has had to suffer going into hospital, has had to pay £30k for a case manager's intervention, when she just ruined his package and for damages for him given the carers caused physical declines in his disability.

Expert:  Ash replied 1 year ago.
You need to write and ask that they are deleted or say you will go to Court. If they refuse then you can apply to Court under Section 14 of the Data Protection Act which states:
If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
You need to use form N208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court will issue the claim and hear the application. If granted the Court can order that it is deleted.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Do I have to be explicit in what records are deleted, or just ask for all records that contain unsubstantiated claims in them?

Could they claim that they are warranted in keeping them for some reason?

Also, does it make a difference, but these are not my records. Whilst they are about me, I am the one who has suffered damage, they are stored on my ex-partner's file, as they are related to his care.

My worry is they are damaging and unfounded. The difficultly I see is whilst I can prove beyond doubt a lot of it is definitely untrue, some of it I cannot actually prove, but it still is not true, it's more the nature of the allegation that is the problem. For example, two ex-carers claimed I had a drinking problem. I don't, but of course how do you go about proving this? They only said it to make out I was unstable. I don't want this on file, there is not a grain of truth in it, it is inaccurate. This is the kind of thing.

Expert:  Ash replied 1 year ago.
No you have to say which ones you want deleted.
They would have to show they are warranted and correct. Does that help?
Alex
Customer: replied 1 year ago.

It does, but one last question, just to home in on the allegations - if I cannot prove they are untrue, but of course equally, they cannot be proven as true -where does that leave us? Is it enough that I am saying that this is not a fact about me? Is the burden of proof then on who alleged this? I'm really unclear. How can/will a court decide?

Expert:  Ash replied 1 year ago.
You bring the claim, you must prove on balance they are untrue. If you can not then the Court wont order the change,
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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