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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am a contractor and the company (ABC Ltd) i was previously

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I am a contractor and the company (ABC Ltd) i was previously contracting to never gave me a formal contract for any project i worked for them on.
One of the previous clients offered to pay mileage to which ABC Ltd said they have not, nor would not ever claim for those miles as it was still a journey to work, and therefore by not claiming them, its a way of keeping them happy as such.
The client (123 Bank) told me directly that ABC Ltd had in fact invoiced for 3142 miles at 50p a mile and this was paid.
I confronted ABC Ltd and they revoked my email access and access to shared files and folders immediately. I deleted everything I had as formally requested by ABC Ltd, but they are now threatening legal action against me for theft and loss of documents because they did not make adequate copies and I held the MASTER FILES.
The cloud account where they WERE stored is still holding them in the TRASH area. So I could reinstate these and pass them on. However, I have completed a signed and sworn letter to say I have permanently deleted all documents and files from previous clients and all emails etc from ABC Ltd.
If i now recover those files, will I in some way be making my original statement one that would no longer hold up in court?
I genuinely had no idea about the trash folder holding items for 30 days. Today sis day 29 so am really sure of what to do and cant see a solicitor until day 31.
I dont want a legal battle, or even the expense money back. I just want the company ABC Ltd to leave me alone but I'm unsure where i stand when there is no formal contract, and how long i have to reply etc
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if they have now offered to pay the mileage and if not if this is something you wish to pursue or have you decided to write off the matter please?
  2. Do you still have a written request to delete all files held by you?
Customer: replied 1 year ago.

Joshua, I keep replying but it doesnt seem like my responses are submitting.

I do hope I dont get charged per reply and my previous replies are counted!?

ABC Ltd have not offered to pay the mileage to me. I was going to pursue it but I'd rather he/them just leave me be. If they choose to defraud a company, steal from me and commit what I assume is some sort of tax evasion, then I'd rather have no further dealings with them whatsoever.

I have a copy still yes. As I stated I did in fact delete everything from the cloud storage facility, my email account, and my laptop itself, however, i discovered yesterday that deleted items in the cloud storage facility are held in a trash file for 30 days after deletion so they can be recovered. I had no idea. But now, I have the ability to recover them. Since yesterday he has threatened to notify the police for theft of documents and is treating it as a criminal matter rather than employment matter.
As a business, he has had read/write access to these folders and all their contents since April 2014 and December 2014 respectively. But at no point has he chosen to back those documents up or make copies. Now he is holding me responsible for that.

I have been on sick leave since the 25th February 2015 until the point of this incident which was 29th April 2015 (when I opted to not continue our business relationship in light of what i found out).

In theory, ABC Ltd has had over a year to make adequate copies of one folder and 4 months for the other. Plus I was off for 9 weeks and in that time nobody in his company, nor he, decided to make copies.

Apologies for the lengthy response but i assume its better to have more info than less

Expert:  Joshua replied 1 year ago.
I am very sorry you have been having difficulties with the system. Please let me know if thee difficulties continue and I will notify the site engineers.If the company requested you to delete all of the documents you held and you complied with this written request the company cannot now complain that you did so. The threats appear to be increasingly desperate in nature and without basis. There can clearly be no criminal element as you have not stolen anything. You may wish to revert to the company to refer them to their written request that you delete everything you held and that you duly complied with that request so cannot assist them further. Furthermore you may point out that if their baseless threats continue you will consider your own complaint for harassment and will consider whether to bring a claim against the business for unpaid expenses and if you consider they are also engaged in tax evasion will consider making a report of your knowledge of their tax affairs to HMRC.If you are minded to restore the documents to them if you believe this is possible you could add that you are willing to see if there is any way to retrieve the documents following their deletion by contacting the cloud service provider, but are not prepared to carry out any further work for the company given their present attitude. You could ask them to provide you with a written indemnity that they hold you harmless from any further claims and cease and desist all further threats (and if you wish undertake to pay you the expenses you are owed) whereupon you will be prepared to contact the cloud provider to see if there is any possibility the files can be restored though if you have the above written request to delete then there is no requirement to do so and the company cannot bring a complaint against you for complying with their request.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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