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Address given out help

15 replies

roundthebend4 · 29/08/2010 09:47

Going do as separate one sorry as might get lost in other long post

ex h solictor has given him my address without even seeing if there's a reason why exh does not have it thought they would least have to check why rather than on his say so

nit exh worrying about it his current gf family they have records if ABH GBH and assult with knifed plus various other asbo's between them and she has already made it clear hates me ,

that's why exh only had mobile number and a seperat contact adress

Not

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Jaybird37 · 29/08/2010 15:06

OK. Firstly, you need to write to your XH's solicitor as a formal complaint.

Tell them that this is a breach of the Data Protection Act. You are entitled to damages, either through the court or the Information Commissioner.

Next you need to carefully assess the level of risk. Current GF may hate you, but that does not mean that she will want to or can persuade her family to hurt you or your kids.

If this really is a problem, it might be difficult to get an injunction, given that there have been no direct threats and that there are potentially a number of people you are afraid of, but this is something you can explore.

The other alternative is that you move house.

Potentially your XH solicitor is liable for the costs involved, so do not talk about settlement figures until you know what expenses you will have.

Hope that help

LucindaCarlisle · 29/08/2010 15:57

How is it a breach of the data protection Act?

roundthebend4 · 29/08/2010 16:14

I moved here to get away from the trouble and refused to give him address though gave mobile number and my mums address with her permisson

can't move again were settled now

it was just th suprise of solictor writing and said can't see no reason why he could not have it and gave it straight out without even writing for response

I have made it clear to xh that he could see dc but at first just needs to be him and that he needs some training before letting him have ds3 without me being reasonably close ie in the zoo but not with them .ds is physically and mentally disabled does nit talk he signs but xh won't do course plus ds has epilepsy

Am going to speak to solictor on Tuesday as xh refuses to talk to me .We have had cordial relationship in pass but after last time phoning xh to arrange contact was screamed at down phone by gf told xh to call me when she's nit around but he then sent message telling me not to contact himss but 2 months later solictors letter,

Sadly there's is record of harrasment though can't proove who it was even police admit who probably was but less caught in act can't do nothing .it invol ed stones at window dog much through door etc

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roundthebend4 · 29/08/2010 16:15

That's dog muck sorry on iPhone

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mumblechum · 29/08/2010 16:17

Jaybird, are you legally qualified?

roundthebend4 · 29/08/2010 16:18

Ty Reading letter they said xh said was no reason for him not to be given my address so did it on his say so

xh won't talk and won't do medation have asked him so we can sort out contact

Hope I can least get legal aid to assist on this can't really afford solictor as ds full time carer

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roundthebend4 · 29/08/2010 16:20

Not worried about compensation but just annoyed they gave out without care in the world on his say so

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mumblechum · 29/08/2010 16:21

I'm afraid that unless you specifically instructed the court and/or your solicitor not to divulge your address, you're not going to get anywhere against your ex's solicitor, who owes you no duty of care.

If anything happens, then the correct procedure is for you to apply for a non molestation injunction.

roundthebend4 · 29/08/2010 16:32

I not even got a solictor did not need one we always till recentleu been able to talk this letter came out the blue

No court order xh is threating one if I don't sort out contact I offers him weekly which he had been having till Few months ago but ds1 used to go to care for ds3 and dd age 6 used help ds3 communicate as she can sign xh choice as he struggled to care for dd and ds3

Xh is asking for 4 hrs monthly I phoned him said fine you can see when ever weekly if likes ,but needs to do signing course as ds1 is busy and not fair on dd to be responsiable then by all means can take them out on his own .Could do with a break

Oh and he sent me message few months ago telling me not to contact him after I asked him to call me at better time so can talk without the background yelling .Hard to have conversation when all you can gear us that bitch you owe her nothing why you talking to hershes a money grabbing cu** I wish I get £2.50 a week for the 2dc used to pay all costs when ge took them out

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Jaybird37 · 29/08/2010 16:36

It is personal data and so should not be disclosed without consent.

roundthebend4 · 29/08/2010 16:36

Sigh this is going to get messy isn't it .I just want things back to when could talk discuss things

Oh solictor found my adresss and handed it straight to him .They have been up here and parked outside house said nothing but then drive of

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mumblechum · 29/08/2010 16:39

OK, well, as I said, you have to let the address thing go now. If there are any incidents, eg if she comes round to your house & smashes a window, threatens your or your children, then you should, in the first instance, go to the police, and if nothing is done, apply for an injunction against the girlfriend (I'm assuming the ex isn't a threat).

So far as the other problems are concerned, clearly you can't let your child go to her father if they can't communicate and you should put in writing the fact that you will start contact between them once he has done the signing course.

On the money side, I presume he's unemployed, in which case you'll have to wait for him to get a job before you see any maintenance other than the bare minimum which it sounds as though he's paying (though I couldn't quite work out what you were trying to say in your last post about that.)

LucindaCarlisle · 29/08/2010 17:00

Jaybird, I think that you are wrong about data Protection Act in this case.

Roundthebend should have requested her solicitor not to disclose her address to the other (XH) solicitor in the first place.

I guess that the other solicitor forwrded a letter with roundthebends address on it to the XH.

I do not think that the Data Protection Act is relevant in this case.

roundthebend4 · 29/08/2010 17:19

Erm can I clear up my solictor did not forward anything with my address on it as never had solictor or court etc

his solictor got hold if my address guessing through is or council tax or something as till now we used my parents house for mail which has worked and used to meet in netrual place fir contact after I moved si I was around if needed but not in the way ds1 was always good about looking after ds3 but at 16 he rather nit go though if needs ge will as loves ds3 .dd at 7 is to young to take on being responsable for ds3

ds1 and ds2 are mine from previous relationship

oh the £2.50 was talking about his gf calling me money grabber when called xh to discuss contact

Xh went on sick due to back problem when married .he then got another job but money not went up as his outgoings to much and income to low

he then quit job due to depression and headaches following an assult to be honest don't think he will ever work again .assult was to fo with his afffair with 16 year old they moved in together apparently as friends in a bedsit share but he then admitted what had happened as she made complaint about him but he never got police involved .in his own words he has made some silly choices and done some stupid things

This was same afair which made things very hard for dc in small town and caused a lit if unpleasentness all round

But that's neither here or there I'm not moving again and shall seek a solictor to write and request befire having ds3 he gets some training mind he always had one exscuse or another why could not go before even when I gave him details

but think this is more to do with wanting see dd than ds3 as he sent text asking that I sort contact out for her as easier and can sort out ds3 at later date :( which means never :(

My kids were told your dads a peado etc spat at part of reason I moved

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roundthebend4 · 29/08/2010 17:21

Going to leave solictor to deal with it now once I find one that is

And how tell dd that her beloved ds3 won't be going on contact with her

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