Marc Gander - The Consumer Survival Handbook


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  1. #1

    Default Please help with urgent appeal and potential harassment claim

    I am new here but desperate for some advice and help so please bear with me on what is an extremely difficult and complex case.

    There are several elements to my case, but I will try to summarize as best as I can.

    I need advice on pursuing a claim for harassment against a former landlord and potentially a appeal against civil court proceedings concluded last week.

    I took a civil claim against him because when I fled his property quickly (to a refuge) as a result of his threatening behaviour which culminated in a threat of sexual violence I left belongings behind.

    I returned to collect them 28 days after fleeing to find that he had destroyed all of my possessions.
    I spent 3 months at the refuge which had a massive impact on my health and I have subsequently taken civil court proceedings.

    The Defendant used to refer to me as "slut" or "bitch" even though I asked him several times not to.
    I have evidence of this from text messages from him which state "I own you slut" etc in them.

    Just for clarification, he propositioned me a few times and took offense when I rejected him.
    There was never any sort of intimacy between us.
    I made it clear that I was not interested.

    What transpired after I left the property was that the Defendant had been taking covert video recordings of me around the home and posting these online with "fat slut" or "bitch broke my washing machine" alongside. I feel SO violated.

    Unfortunately as a litigant in person the court proceedings were extremely difficult and when I filled in the original Particulars of claim formicon (N1) I merely listed the belongings that were destroyed or retained.

    I made reference to the harassment element of my claim, but didn't specifically mention it
    (although I was specific in my witness statement and expressly stated that I was making the claim for damages for harassment and damage to belongings under the torts interference with goods act) So therefore when we got to the final hearing, the judge refused to hear the harassment element of my claim.

    Additionally the Defendant failed to comply with deadlines, Mediationicon or anything throughout the entire court proceedings and was allowed to make a mockery of me and of the system.

    During the final hearing last week, I tried to get his Witness Statement struck out as it was NOT verified by a statement of truth, was not compliant and was full of glaring inconsistencies, but the judge refused.

    I was also seeking costs due to the unreasonable behaviour of the Defendant, but because the claim was on the small claimsicon track the judge even refused that. I was as annoyed and I feel so badly let down.

    So that brings me to the reason why I am here.
    The purpose of taking these proceedings is that I wanted the Defendant to face some consequences of his abhorrent behaviour and although I won (£480.00 of my original claim of £1,800 not including £524.00 costs) I don't feel that he has suffered any consequence.
    He was arrogant and cocky in court as usual and needs to be brought down a peg or 2 to realise that his behaviour is not acceptable.

    I am wondering what the next steps might be; do I issue a separate harassment claim (and how do I quantify the harassment element in money terms) or appeal against the decision made in the court last week and how do I do this with no legal representation?

    Just to clarify I am also considering making a legal aid exceptional case funding application because I don't feel able to represent myself in such a difficult and emotive case.
    Any help, advice or tips would be SO gratefully received and appreciated.
    Thank you

    My apologies, I also forgot to mention that I would like to bring contempt proceedings as well.
    His claims and witness statement was full of the most hideous, offensive claims.
    As an example he claims that I am an alcoholic, I was rarely sober!

    He also claims that i damaged his home and owed him rent. I therefore provided bank statements that showed this was false and screenshots of messages saying "thanks for cleaning the house, it's spotless" or "thanks for (his) children's Christmas gifts" etc.

    The most disturbing and disgusting comments of all included that the threat of sexual violence (rape) was in his words "banter".
    And that I discussed dates that I had gone in with him and certain sexual preferences including a sexual assault fantasy with him (his words written in his Witness Statement)

    I can't even begin to convey how sickening and frightening this is. I am appalled and disgusted by these comments and the fact that he has written them in a legal document that is not verified and is completely bloody false is evidential of his nature.

    Please anyone who can offer any help do so. If I lodge an appeal I believe that I have 21 days from the date of the court hearing so there are urgent time constraints

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  2. #2

    Default Re: Please help with urgent appeal and potential harassment claim

    Have you been to the police about the harassment and videos ?

    The videos could possibly fall withing the remit of the Information Commissioner's office and they may be interested in bringing a case of their own.

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  3. #3

    Default Re: Please help with urgent appeal and potential harassment claim

    @Mr .P
    Thank you for your post. I did contact the police when he initially made the threat. They assisted me to get to the refuge and thereafter said that they made sure I was 'safe' so did what they were supposed to do.
    Thereafter I asked for police to be present when I collected my possessions, they turned up for all of 2 minutes, spoke to him and then said that they were leaving.
    Then I contacted them again and tried to get them to press charges of criminal damage but even though I had evidence in the way of 15 photos of my possessions damaged and in the garden soaking wet they said not enough evidence and kept saying it was a civil claim.

    I then presented evidence of messages and the recordings to them. They issued a harassment pin warning but continually said that is all they could do.

    I felt very let down and took my complaint to the Inspector, asking for a review and when they stated not enough evidence I didn't know what else to do. I didn't feel emotionally strong enough after all I had been through to take on the Police.


  4. #4

    Default Re: Please help with urgent appeal and potential harassment claim

    Someone must be able to assist me, please?
    There have been over eighty people who have viewed my thread, but none have any constructive help or advice to offer??


  5. #5

    Default Re: Please help with urgent appeal and potential harassment claim

    Hi.

    I know you're anxious for advice, but not all the legally minded people are here all of the time. Please bear with us, people should be along later.

    HB

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  6. #6

    Default Re: Please help with urgent appeal and potential harassment claim

    Quote Originally Posted by honeybee13 View Post
    Hi.

    I know you're anxious for advice, but not all the legally minded people are here all of the time. Please bear with us, people should be along later.

    HB
    My apologies HB.
    Today is an extremely stressful and anxious day for me and I am trying to stay ‘busy’ and focused.
    It is my darling Grandmother’s funeralicon tomorrow. I loved her dearly, a truly amazing lady. There is some family issues and conflict going on and I am extremely anxious to say the least so seem to be grumpy and ‘jumping on’ everything today.

    I will do my best to stay calm.


  7. #7

    Default Re: Please help with urgent appeal and potential harassment claim

    Please can anyone help? I would really appreciate some help and advice.

    At the end of the hearing last week, the Defendant stated that "he won't be paying me" so I was wondering if it is advisable for me to send a copy of the order and other information and evidence including both witness statements to the Defendant's commanding officer (he is in the Army) or the Military Police?
    I have been informed that they will act as 'enforcement' and take money owed out of his wages.
    It will also demonstrate the behaviour of the Defendant is not that of an '''upstanding officer' and that he was dishonest about his tour of duty/deployment (as an excuse for failing to comply with deadlines) I can't imagine that they would be very impressed with his behaviour. The core principles of the Military code of conduct is integrity and respect. My evidence will demonstrate that he has not adhered to these at all.

    - - - Updated - - -

    Also how do I challenge the lack of action by the police and ask for a review?


  8. #8

    Default Re: Please help with urgent appeal and potential harassment claim

    Your creditor can't apply for an attachment order if you're:

    self-employed
    unemployed
    in the army, airforce or navy
    in the merchant navy

    We could do with some help from you

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    If you want advice on your thread please PM me a link to your thread
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  9. #9

    Default Re: Please help with urgent appeal and potential harassment claim

    @Andyorch
    Thank you, I am aware of the rules regarding attachment orders. There are other enforcement action I can take though. As I said, the commanding officer is one of those options.


  10. #10

    Default Re: Please help with urgent appeal and potential harassment claim

    I wouldnt...your involving a third party not involved in the claim.....the debt is between you and the defendant.Consider other options though but not a AOE or writing to his Commanding Officer

    We could do with some help from you

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  11. #11

    Default Re: Please help with urgent appeal and potential harassment claim

    Quote Originally Posted by Andyorch View Post
    I wouldnt...your involving a third party not involved in the claim.....the debt is between you and the defendant.Consider other options though but not a AOE or writing to his Commanding Officer

    Please would you elaborate as to why I shouldn't?
    The Defendant has caused enough delays and issues and has now said he isn't paying me? Why shouldn't I enforce by any means I can? The Defendant deserves all the potential consequences of his behaviour. I am going to ensure that he faces said consequences.


  12. #12

    Default Re: Please help with urgent appeal and potential harassment claim

    You asked the following....

    " is it advisable for me to send a copy of the order and other information and evidence including both witness statements to the Defendant's commanding officer (he is in the Army) or the Military Police?

    I have been informed that they will act as 'enforcement' and take money owed out of his wages. "


    I have given you my advice..perhaps you could elaborate on how on they can act as 'enforcement' and take money owed out of his wages ?

    I did state " Consider other options though but not a AOE or writing to his Commanding Office "

    Have you not considered a Third Party Debt Order...2 ways to skin a rabbit.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  13. #13

    Default Re: Please help with urgent appeal and potential harassment claim

    Quote Originally Posted by Andyorch View Post
    You asked the following....

    " is it advisable for me to send a copy of the order and other information and evidence including both witness statements to the Defendant's commanding officer (he is in the Army) or the Military Police?

    I have been informed that they will act as 'enforcement' and take money owed out of his wages. "


    I have given you my advice..perhaps you could elaborate on how on they can act as 'enforcement' and take money owed out of his wages ?

    I did state " Consider other options though but not a AOE or writing to his Commanding Office "

    Have you not considered a Third Party Debt Order...2 ways to skin a rabbit.
    I am unsure of how the process works, and I am not really that concerned. What I DO know is that he has breached the Military Code of conduct on several different elements one of which is 'Irresponsible debt' so I assume that on that basis and on the basis that I can prove that he owes me the money via a court order, they either pay it and recover from his wages or just simply punish him and take it out? As I said I don't know how it works.

    Yes I have considered a Third Party Debt Order, but he has so far effectively wormed his way out of almost every avenue with lies and deceit. I don't want to give him the opportunity to do so again. Do I have to wait until the deadline for payment has passed or can I make the TPDO application immediately?


  14. #14

    Default Re: Please help with urgent appeal and potential harassment claim

    It would be advisable to wait...otherwise it could be a waste of time and fee (£100) if payment is made.

    https://www.justice.gov.uk/courts/pr...l/rules/part72

    Also have you not considered requesting a Warrant ? (fee £100)

    https://www.justice.gov.uk/courts/pr...ral-provisions

    We could do with some help from you

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  15. #15

    Default Re: Please help with urgent appeal and potential harassment claim

    Quote Originally Posted by Andyorch View Post
    It would be advisable to wait...otherwise it could be a waste of time and fee (£100) if payment is made.

    https://www.justice.gov.uk/courts/pr...l/rules/part72

    Also have you not considered requesting a Warrant ? (fee £100)

    https://www.justice.gov.uk/courts/pr...ral-provisions
    @Andyorch The last time I requested a warrant/writ of control to commence enforcement, the LL had the default judgment set aside and now that the final hearing is done, I have to pay a £100 fee, was unable to recover costs due to the unreasonable, useless Judge and the company have told me that they don't enforce any debt under £600. So by making a rightful claim for the cost of my possessions, it has actually cost me money.
    Civil law in the UK is an absolute joke, pathetic.


  16. #16

    Default Re: Please help with urgent appeal and potential harassment claim

    Thats for HCEO (HIgh Court Enforcement Officers)....I am referring to county courticon Bailiffs

    We could do with some help from you

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  17. #17

    Default

    I guess that could be an option, but imo they are about as effective as the court which is why I took the matter to HCE and lost!

    The legal aid exceptional funding forms are an absolute nightmare!! Do I need to send 6 month's bank statements for all my accounts?? Any help or tips please?

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  18. #18

    Default Re: Please help with urgent appeal and potential harassment claim

    I am still considering whether I should (as well as making a new claim) appeal against the judgement, failure to strike out a mess of a WS, failure to award costs etc?
    i am running out of time on this..... Only have a week to lodge the appeal so have to do so quickly. I wondered if it's worth me doing this while I wait to see if I get exceptional case funding from the Legal Aid department?

    If I don't get funding or funding doesn't cover the appeal process, is this something that a litigant in person could handle?
    What are the implications and what happens if I lose? Any help appreciated please?


  19. #19

    Default Re: Please help with urgent appeal and potential harassment claim

    Any help on the appeal process please?


  20. #20

    Default Re: Please help with urgent appeal and potential harassment claim

    Appeal what.....? You was considering an Attachment of Earnings only the other day to enforce your judgment.

    " although I won (£480.00 of my original claim of £1,800 not including £524.00 costs) "

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    If you want advice on your thread please PM me a link to your thread
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