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Dear Legal Beagles
I foolishly paid an up front fee of £500 to an individual who was operating a website which provided advice and guidance to families pursuing NHS Continuing Care for their relatives. At the time coping with full time work, a young family and elderly parent proved very challenging and emotionally draining. I therefore paid the fee to this chap who said he would act on my behalf as I had enough on my plate and thought someone who was not emotionally involved would be able to act more efficiently.
Since receiving the fee he sent only two very brief emails, i.e. no more than two sentences [on the back of my emails] to the relevant health authorities and that's it!
I've chased this on and off over the years [whenever I've had a burst of energy] with him but when he does reply he fobs me off. I sent him an email this month asking for the return of my fee which did elicit a response along the lines of he passed this case on to someone else [I never gave him permission to share personal details with a.n.other] but they were no longer around, etc.
Two questions:
1. Can I pursue a claim for the return of the £500 [via the Small Claims Court] given he has not fulfilled his part of the agreement. I can post this up redacted and also the email he sent me setting out his proposal if that helps.
2. Does he, as an individual, have to comply with the DPA [soon to be GDPR on 25.05.18] as I would like confirmation that he has destroyed all my personal data [and that of my relative] given I sent a comprehensive case file to him back in 2007] or does DPA/GDPR not apply to individuals and only organisations?
I feel foolish for sending him the money but he sounded plausible and I was exhausted and although I appreciate to some people £500 might not be a huge sum of money I could certainly do with it and I also think it's the principle of the thing too. Or is there a time limit for this sort of thing that I've missed too?
Any advice gratefully received.
Many thanks
Yorkie Lass
I foolishly paid an up front fee of £500 to an individual who was operating a website which provided advice and guidance to families pursuing NHS Continuing Care for their relatives. At the time coping with full time work, a young family and elderly parent proved very challenging and emotionally draining. I therefore paid the fee to this chap who said he would act on my behalf as I had enough on my plate and thought someone who was not emotionally involved would be able to act more efficiently.
Since receiving the fee he sent only two very brief emails, i.e. no more than two sentences [on the back of my emails] to the relevant health authorities and that's it!
I've chased this on and off over the years [whenever I've had a burst of energy] with him but when he does reply he fobs me off. I sent him an email this month asking for the return of my fee which did elicit a response along the lines of he passed this case on to someone else [I never gave him permission to share personal details with a.n.other] but they were no longer around, etc.
Two questions:
1. Can I pursue a claim for the return of the £500 [via the Small Claims Court] given he has not fulfilled his part of the agreement. I can post this up redacted and also the email he sent me setting out his proposal if that helps.
2. Does he, as an individual, have to comply with the DPA [soon to be GDPR on 25.05.18] as I would like confirmation that he has destroyed all my personal data [and that of my relative] given I sent a comprehensive case file to him back in 2007] or does DPA/GDPR not apply to individuals and only organisations?
I feel foolish for sending him the money but he sounded plausible and I was exhausted and although I appreciate to some people £500 might not be a huge sum of money I could certainly do with it and I also think it's the principle of the thing too. Or is there a time limit for this sort of thing that I've missed too?
Any advice gratefully received.
Many thanks
Yorkie Lass
