Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you have any form of contract with them?
Alex Watts : Who did the client records belong to, the business?
Customer: The business with groupon is registered to my name and to my business. And I receive payment from Groupon for the clients who book with us. This person is self employed who actions the treatment and I pay her a percentage of what I get paid from Groupon.
Alex Watts : Thank you, ***** ***** the details belong to you.
Alex Watts : This is a most serious breach of the data protetion act, she has taken customers details from the business without consent
Alex Watts : You can do several things, first get a solicitor to write a letter, asking her to destroy the details and agree not to contact.
Customer: so what can I do, do I contact the police, will they do anything about this.
Alex Watts : If she refuses or you prefer then you could seek an injunction demanding that she delviers up the details and does not directly or indirectly contacts customers
Alex Watts : You would need to complete form N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court would then list the matter for a hearing. If the Injunction is not contested the court can make it final.
Alex Watts : If It is contested the judge will give directions and set the matter down for trial. In the meantime the judge will consider whether to make an interim order.
Customer: Can I send these forms myself or would I need a solicitor to do all this, and what would the cost implecations be.
Alex Watts : If she disobeys the injunction then she is in contempt of court and can be warned, fined of sent to prison.
Alex Watts : The cost to do this yourself is £280
Alex Watts : The cost of getting a solciotor and a final hearing would be £5000, but if you win you can ask for costs
Alex Watts : Can I clarify anything for you about this today please?
Customer: Only where do I obtain the Ni forms and Ni6 forms
Alex Watts : online as per the links above
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Customer: Ok thankyou for your help
Alex Watts : Can I clarify anything else for you?
Alex Watts : Is there anything else I can help with?
Customer: Sorry Alex, ive just looked at the forms, once I fill them out how do I go about the court
Alex Watts : You can search your nearest county county here
Alex Watts : https://courttribunalfinder.service.gov.uk/
Alex Watts : Does that help?
Customer: Hi Alex what heading would I put the issue under, would it be Employment, or money claims
Customer: Also before I contact the court with the N1 and N16 does she have to have an official letter, or can I just start straight away with filling the forms out etc.
Alex Watts : It's not a money clam. You want a non money judgment
Alex Watts : You can do it straight away if you are concerned.
Alex Watts : Does that help?