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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to serve papers on an NHS Trust regarding

Resolved Question:

Hello, I need to serve papers on an NHS Trust regarding DPA breaches against myself. I need very urgent advice, as my usual law firm have said this week that they 'have no capacity' to help me with this stage, even though I've been with them since April 2011. The six years in which to make a claim against the Trust runs out on 29th September, next week. Many thanks, ******* *******

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

Hi Alex,

I was PA to the CEO of **************, was also my **********, when I returned from sick leave following a ********** episode in Sept 2009. She asked me to make up a form which stated what time I was at work, and what duties I was performing. As a final column she asked me to write down 'how I physically felt' each day, as she wanted to print this out and put it up on her notice board each day. I firmly refused to allow that, but reluctantly agreed to make up the form, so long as I emailed it to her (knowing that only she read her emails). I would put comments such as "felt really tired, and crashed out for an hour once I got home", etc etc.

Two weeks into this agreement, she 'let it slip' that she had been emailing the said 'form' to a PA colleague, whom she wanted to put in place as 'Superviser' to me. I was very angry at breach of confidentiality and put in a grievance.

The Trust denied any 'wrong doing' and at Appeal stated "************** did not send any email with confidential information, nor did colleagues receive such".

Freedom of Information proof has been received by myself of two emails being sent on 29th Sept 2009 and 1st Oct 2009 with said form attached.

************** (DPA Specialists) have acted on my behalf and sent letters to the Trust, asking for compensation. The Trust have offered no substantive reply, and Coopers said yesterday that 'they do not have capacity to serve papers to Court until November this year'.

I would like advice on how to receive basic legal advice on the wording of an appropriate application to Court, and Service of Documents to the Trust please.

Many thanks, **************

Expert:  Ash replied 1 year ago.
First of all you dont need to worry about the proceedings yet. You just need to have the Claimant's name/address and the Defendant.
Once the claim form is sealed then you have an additional 4 months to serve the claim and particulars of claim itself. So you can get the claim form issued to stop the clock - this is called protective proceedings. That will allow you to instruct the firm of Solicitors so they can draft the Particulars of Claim for you.
This gives an additional 4 months.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hello Alex, first of all it is a HUGE relief to know I can extend by four months!!!

How do I go about getting the basic form to allow me to confirm my details as claimant, and forward information about the Defendant?

Is it something I can do on-line, and how much does it cost to start this initial 'basic step' claim form to initiate 'protective proceedings'?

Cheers, **************

Expert:  Ash replied 1 year ago.
Its form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You just need to have the basic details, no particulars or anything. You can't do it online as you just want to issue protective proceedings and nothing else to stop the clock.
Issue proceedings a week before its due, so you can get the most out of limitation and the extra 4 months.
Does that help?
Alex
Customer: replied 1 year ago.

Hi,

To be absolutely clear on this first stage, is it best I ring the local Court Office in Darlington tomorrow to ask them for a form - I'd make a special 40 mile round trip to collect one if necessary!

I work in **************, so could probably collect the self-same form from their Court Office, ready to complete and take to **************?

I'm sorry to show my complete ignorance on such matters! Is the protective proceedings form to be handed in to the Court, and they in turn will inform **************Trust of what I've done?

Cheers, **************

Expert:  Ash replied 1 year ago.
You can download the form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You can take it to your local county Court and issue protective proceedings. The form will come back to you and they will NOT inform the Trust.
It is up to you to then serve it within 4 months.
Does that clarify?
Alex
Customer: replied 1 year ago.

Thank you Alex, I've just printed off two copies of the form, and will contact the most local Court Office tomorrow.

So, to be clear, once I've completed the form and submitted it by this Friday (25th September), does this mean that I have 'issued protective proceedings', which gives me the additional four months?

If this is so, then RT Coopers could do the paperwork in November (according to their email today) to actually 'issue proceedings'.

The six years from the first email sent to my colleague is 29th September 2015, so proceedings need to be issued on 21st January 2016, one week and one day before the six years and four months are up - is this the recommended timescale to which you refer?

As a complete aside, I've received confirmation from my son in Sydney that his wife's pregnancy is continuing well - they sadly lost their first pregnancy last year. So that's two lots of brilliant news :0)

Cheers, ***********

Expert:  Ash replied 1 year ago.
Yes if you issue 25th September then you have issued protective proceedings and you have 4 months to issue the particulars of claim.
If you issue on Friday 25.9.15 then proceedings need to be issued by 24.01.16
Congrats on son's wife.
Does that clarify everything?
Alex
Customer: replied 1 year ago.

Hi Alex, it really does clarify everything I need for my urgent action this week.

I am angry with R T Coopers in London for not giving me the same expert advice! They've had difficulties, owing to personal distress with their Manager's health, but I still feel they've let me down.

I will contact them tomorrow to say what my plan is, and I'll let them know how I've come to this important conclusion tonight, with your expert advice.

One final point, is it in order for me to inform Darlington Trust that I have issued protective proceedings? I feel this may benefit myself, as it will confirm to them that I'm very much 'still on their case' and am not allowing any deadlines to block me from proceeding?

Cheers, Christine

Many thanks for your congrats! My eldest son and his wife had my first grandchild in Melbourne 8 months ago, a little boy. My second son confirmed that he and his wife have a healthy pregnancy this time around and are expecting a little girl on 22nd December, so all is wonderful tonight - I can sleep easy for lots of reasons :0)

Expert:  Ash replied 1 year ago.
Indeed. Good luck with this.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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Customer: replied 1 year ago.

Many thanks Alex, I will now complete the ratings section, which is 'excellent' - and I won't hesitate to contact you again! I've made a note of your profile for future purposes.

Cheers, Christine

Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex