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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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We have a small shipping company and recently discovered a

Customer Question

We have a small shipping company and recently discovered a former senior member of staff had been stealing to the tune of £35,000 over a 3 year period. By the time we found out we had already parted ways and did see scope for what could be done as he primarily resisded overseas. Recently, he has stolen customer data and sent a letter to our customers claiming to be us with a new name. The letter uses our premises as an address, wht I asssume is his contact number and uses our current contracted staff as contacts offering their personal information. What is within our scope in terms of action we can take? This is damaging and is causing a great deal of stress to our customers.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello does this person reside overseas now?
Customer: replied 10 months ago.
No he is in the UK.
Customer: replied 10 months ago.
We have also applied to trademark the company name, and are nearing the end of our 2 month assessment period if that is helpful.
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Sorry I clicked the call by accident.
Expert:  Ben Jones replied 10 months ago.
Have you contacted the police about the theft?
Customer: replied 10 months ago.
It was mostly via our international offices, so we have made complaints there. He made some non business related payments in the UK but we do not know what can be done about those if anything.
Expert:  Ben Jones replied 10 months ago.
ok I will have to refer this to a colleague of mine who will be better placed to help, there is no need to reply in the meantime and you will get an email when they have replied, thanks
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I have been asked to look at this.
Have you made a report to the police?
Customer: replied 10 months ago.
Hi, Any luck?
Expert:  Jo C. replied 10 months ago.
I need the information I asked for?
Customer: replied 10 months ago.
Hi Sorry my reply was to Ben, I did not see you have taken it over. We have been in touch with the police in the country the money was taken; not much has been done. We have not been in touch with the police over stolen data and misrepresentation of our company, do you think there is scope to do so?
Expert:  Jo C. replied 10 months ago.
Not really. They will almost certainly say those are civil matters.
Obviously the theft of the money is in an entirely different category and should be reported and pursued.
You could try to make a report about the stolen data. Nobody can stop you doing so but I would be surprised if they were willing to act upon it I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
Our biggest qualm is that he has stolen customer data and sent a letter and texts to our customers claiming to be us with a new name. The letter uses our premises as an address, what I assume is his contact number and uses our current contracted staff as contacts offering their personal information. What is within our scope in terms of action we can take? What can we do to prevent him damaging our company image with this false association and causing stress to our customers. There has to be something against this misrepresentation or to prevent it further.
Expert:  Jo C. replied 10 months ago.
That would be a civil matter.I suppose there might be a passing off argument. It isn't a criminal offence though.
Customer: replied 10 months ago.
What I am looking for is a clear idea of what can be done. I'm sorry I do not know what you mean by "passing off argument" if that is a solution you are giving.
Customer: replied 10 months ago.
Any more information?

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