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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 guarantee protective proceedings by this Friday.

Customer Question

I need to guarantee protective proceedings by this Friday. Alex W gave good advice last night, but I now urgently need to clarify some points raised by a County Court Office local to me when I rang them today.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know?
Customer: replied 1 year ago.

Hi again Alex - before I forget, firstly I need to ask for any part of my queries from last evening not to be displayed on your site, as it has just occurred to me that I named the person and the Trust, which could land me in really hot water if anyone else from the same Trust happens to see my queries. I would be prosecuted under the Confidentiality Clause of the Trust declaration which I signed when I was employed with them. Could you kindly confirm that any reference to last night's query is removed?? Many thanks for that.

Now down to the queries posed to me by my local Count Court office. She asked what the claim was about, to which I said "A claim of up to £59,000 damages as a result of being called a liar by the Trust and severe worsening of my cardiac condition, leading to a Pacemaker being fitted".

She went on to say:

1. I would need to have funds to cover 5% of the 'claimed fee' to pay the day I complete the application form, i.e. this Friday. I was shocked at the amount I would need to find, and alas cannot afford to pay out such an amount this week. I would be able to pay £1,500, which would limit my claim to a max of £30,000.

2. I would need to put the exact details of my claim on the form, as details of the claimant and defendant would not suffice, and it may be that I could not make such an application at a County Court Office. They said I need to check with the CCMCC as to what the maximum would be with such a form.

She also said I would need to speak with my solicitor to ask for advice on how to accurately complete the form, as any error could end up as an extremely expensive error. I rang my solicitor today, who is in a leading DPA Legal Team in London. She said she has no knowledge of a protective proceedings claim!!!!!

What advice could you kindly give me to ensure I fill the correct form in (i.e. is the form you let me have sight of last night an N1 form, as it doesn't give any code number on it, and is that the only form I need to complete?

Thanks, **************

Customer: replied 1 year ago.

Hello, I am awaiting an urgent reply due to the very tight deadline this Friday.

Are you going to reply tonight??

Thanks, ***** *****

Expert:  Ash replied 1 year ago.
This is a public so everything you say can be seen unless you pick the additional service to chat by phone.
It is form n1 for a claim. However you need to consider the real value of the claim, is it that someone called you a liar or you can show you lost more than that?
If it is just a liar then you need to issue proceedings in the High Court and show you have suffered serious harm. If you can show you have lost other things, ie lost wages or loss of chance then County Court N1 is the way forward.
County court fees to issue a claim are here:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=264
All you need to have is name/address, value approx of the claim and a very brief summary of what it is about. You are asking them to ISSUE only to stop the clock, nothing else.
You then have 4 months to put together and issue the particulars and claim form.
Does that help?
Alex
Customer: replied 1 year ago.

Hi Alex,

Rather than calling me a liar, they found nothing to uphold in my grievance against her for sending any emails. I then went to Appeal and asked a second time for them to retrieve the email evidence. The Appeal reply letter states "Ms J says she did not send the emails, nor did your colleague receive them" - which in fact makes me out to be a liar - or does it not for the purpose of a legal case??

Thanks, **************

Expert:  Ash replied 1 year ago.
To be honest I don't think so. You need to show you have suffered serious harm.
Does that help?
Alex
Customer: replied 1 year ago.

Hi Alex, which is why I'm going for loss of earnings at the higher PA level since our working relationship broke down, following all this 'difficult to work through' event etc.

She of course is now aware that did eventually gain the evidence that she did breach her own Trust's DPA policy. It also proves that she is the liar, and I strongly suspect that she (as CEO of a **************) will not wish her name to be made public in such a case! Hence my plan to carry on trying to negotiate avoiding Court action; it is well worth a try to the bitter end. Your advice on protective proceedings has allowed me to gain an opening into gaining extra time which is critical to me at present..

Within a year of leaving my PA post, I had a severe worsening of my original cardiac condition, needing to have a pacemaker fitted etc, so my claim is for 'damages'. I have been able to list the detailed salary loss since working as her PA, and I also have extensive medical evidence to confirm my worsening cardiac condition.

With that in mind, the N1 form is the best way forward, and I will go to my local County Court tomorrow and process the application, using the very basic details you advise.

Is it best to name the Defendant as the ....... Trust, rather than name her personally??

Thanks, **************

Expert:  Ash replied 1 year ago.
Ok. Yes you name the trust personally.
Does that help?
Alex
Customer: replied 1 year ago.

What is the difference between naming the Defendant as

D.........**************,

rather than Ms ****.................................... ?

Expert:  Ash replied 1 year ago.
An employer is vicariously liable for the actions of the employee.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks Alex once again for your invaluable advice.

Regards, **************

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
Customer: replied 1 year ago.

Hello Alex,


I took your excellent advice and followed through the protected procedure plan - even the Clerk at the Count Court didn't know what PP was!!!!! She went and asked her senior Clerk, who confirmed I was correct in my request and the N1 form was accepted.

I found CCMCC very helpful too with my query re the fees needed; they advised I reduce my 'claim' figure to between £1,500-£3,000, thus only needing to pay £115 fee. When papers are actually served, I am free then to amend the amount to the original higher claim I wish to pursue.

Many thanks again, you've 'saved the day' literally, and I have recommended your services to a couple of people since, and of course will do in the future.

I spoke with a local solicitor recently, who advised I contact the DPA Regulatory Office in London. I did that yesterday, and they confirmed there is a breach, as I have the evidence, and also evidence that the particular individual chose foolishly to lie about it. I am going to fill in an online form for the DPA RO and they could well end up approaching the ********* from their own point of view, to raise such a serious failing. They also informed me that I may well be able to make a claim for compensation under Section 15 of the DPA!!!!

Regards

****************
Expert:  Ash replied 1 year ago.
Happy to hear it!

Alex

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