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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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My property suffered a big flood in 2014. I found out

Customer Question

Hi, my property suffered a big flood in 2014. I found out through a FOI that a malicious call had been made to my insurance company, stating (incorrectly) that I hadn't had a flood and that a fraudulent claim had been made. The insurance still hasn't been sorted out as a result of this claim so clearly the phonecall had the intended effect to cause me trouble. I would like to take a private prosecution out against the individual who made the malicious call, as the police don't seem to be interested. I spoke to the insurer and the FOI and they said they would release the tape of the phonecall if an order was made by a judge. The FOI said this was done quite often but they were unable to give me legal advice. Please can you give me the details of how I would do this through a local court, or how I would apply to have the tape of the phonecall released so I can take further action? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you prepared to bear the cost?

Customer: replied 1 year ago.
I think so, I am still out of my house and would like to know who made the phonecall.
Customer: replied 1 year ago.
I just need to know how to make the application, as suggested by the FOI, thanks!
Expert:  Jo C. replied 1 year ago.

It is never really that simple.

The only way to force the information is to seek an injunction from the civil courts. That is easy enough in legal theory. It is a matter of showing that you have an argument that is valid that you cannot bring without this information. Usually data controllers are perfectly happy to hand it over when there is a court order as then there is no allegation of breach on their part.

The problem is that even if you get the anonymous call it wouldn't normally identify the caller unless you were able to recognise the voice. It might be all an expensive action to achieve nothing.

But if you are intent then you need to seek an injunction from the county court. It will cost about £350-£500 if you appear unrepresented.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Do you know what form I need to fill in? Does it have a number or a reference?
I am certain that I will know who the person is as they knew personal details about me, so it is someone known to me.
Expert:  Jo C. replied 1 year ago.

Yes, but you have to prove it was that person.

You can use the N20

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=421

Customer: replied 1 year ago.
do i need to use a pre-action protocol form?
Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

Not for an injunction.