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    • a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx  
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    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Being harrassed


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I have a feeling the court case will only be the beginning of an increase in his actions. This harrassment has been happening for three years now with him and its only now its gone to court. The people before me who took him to court said he is still harrassing them and still making false accusations against them 10 years after the case. I really think he is ill. Still havent heard back from the solicitors this morning, but fingers crossed.

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Jeez-o, Hadenough. This is such a nightmare situation.

 

I've looked everywhere, and all I can say is that an injunction looks a) like an uphill struggle and b) very expensive.

 

At this point, I'd make another complaint to the Police. If they do nothing, then make a complaint ABOUT the Police. Assuming it's upheld, this will leave a paper trail in the event the harassment worsens, and it could make them more amenable, shall we say, to doing something in the future. From everything I've read, it's not easy to get the Police to act on Harrassment and to do so, you have to be persistent.

 

I found this site, which may be of help:

 

http://www.stalkinghelpline.org/

 

Other than that...and I'm not being facetious here, I promise...have you thought of moving? I know you may think that means he's won by forcing you out of your home, but if this is likely to drag on for a decade it's something I'd seriously consider in your position. It's a question of picking your battles. If he is mentally ill and has a history of doing this to other people, it may not be worth the aggravation of fighting him if moving is an option.

 

I feel for you, I really do. We were harassed for a couple of years by ex-employees of the business my partner worked for (and their entire, extended family which was huge), one of whom was paranoid schizophrenic. It was a complete nightmare, and took over our lives for a while. We've realised since then through several similar events with other people that what they were trying to do was goad us into physically attacking them. Basically, they'd have that person charged with assault and then ring them and demand money in order to drop the charges. I'm not suggesting that's what's happening here, but it may be worth having a think if there could be some other ulterior motive that's driving his behaviour.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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I've thought of that and I do agree his motive is money, it was with the other two people who took him to court. He also tried to get large compensation settlements out of them. I do intend to move once this is all finalised, far away, but I know he will still find us. He did the other people. My daughter got a call at 6am this morning, which hung up as soon as she answered it. She has even changed her number, but he seems to get the new ones somehow. I do fully believe he is ill and do believe he is psychotic as suggested by the other lady who had dealings with him. She said he is very voilent and unhinged. I just don't know how to stop him. I am concerned if this all goes against him in court what he will do. I have tried everything to get the police to do something, but they just see it as minor. I think it will take one of us to be harmed before anything is done.

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PS If he's hoping one of us will hit him, he's barking up the wrong tree. I'm a disabled woman, whose been in a wheelchair in one form or another for 10 years and my daughter is tiny, under 5ft and the size of a mouse. He is ex military and huge, so she's not going to swing at him lol. I have no other family in the area.

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Have you actually made a complaint to the Police about the way they are treating your case? I mean actually, officially gone through their complaints procedure?

 

There have been quite a few cases over the last couple of years where inaction by the Police in so-called "minor" harassment cases has resulted in a nasty outcome. I think I'd look at making an official complaint. The fact that he's managed to find out your daughters number after she's changed it shows a degree of intent on his part in my opinion. How old is your daughter?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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She's 20 and at college. They may have taken it more seriously had she been a minor. I dont want to aggrivate the police by making a complaint, what if when it comes down to it he does something and I need them. They wont act too quickly knowing I have made a complaint about them.

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Really? I tend to think the opposite - if they know there's a paper trail of an official complaint, I think they'd be more inclined to heave their bums into gear. That's just my opinion though, and others may be able to tell you differently from experience.

 

I wonder if any of the disability charities would be able to help you with legal advice or support?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Sorry, double post.

Edited by LaughingGirl
Double posting

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Good afternoon Hadenoughofthis

 

This dickhead is the claimant, therefore, the burden of proof as to his cause of action complained of against you falls upon his shoulders. You are the Defendant and are not required to prove his case, based upon the facts you simply deny his (clearly false) allegations pleaded against you, it would appear that you have filed a Defence and so claimant must produce tangible evidence to substantiate his claims in order to succeeed.

 

Based upon your postings here, I would say that you ought to make an application into the High Court seeking an injunction against this sick mental tormentor under Section 3 of the Protection From Harassment Act 1997, this is a civil remedy available to you and your daughter, I have no doubt that the said injunction would be granted by the High Court in the circumstances of your case described here, if he breaches said injunction then he commits an offence and the police then have powers to arrest him immediately and bring him before the Court to face the punishment that the High Court Judge sees as a fitting one based upon the facts of the matter.

 

What are the contents of his Particulars of Claim made against you?

 

Kind regards

 

The Mould

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£48,000 for work completed, which he didnt do he is claiming he done more than he did. He has no real evidence that I can see, only what he is claiming. He broke it all down for the court. £2,800 for taking the rubbish away (old plaster), £7,000 for plastering the entire room, the list goes on like that.

 

How do I get this High Court injunction, do I need a solicitor as I cant afford one I only have my disability as an income and a daughter who gets a grant. Oh this would be great, it would give me some feel of protection from him.

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£48,000 for work completed, which he didnt do he is claiming he done more than he did. He has no real evidence that I can see, only what he is claiming. He broke it all down for the court. £2,800 for taking the rubbish away (old plaster), £7,000 for plastering the entire room, the list goes on like that.

 

How do I get this High Court injunction, do I need a solicitor as I cant afford one I only have my disability as an income and a daughter who gets a grant. Oh this would be great, it would give me some feel of protection from him.

 

Hello Mrs H

 

Thank you for the above.

 

You do not need a solicitor in order to apply and obtain and injunction under s.3 of the said Harassment Act. Such an application will cost you a Court fee of £85 and you will need to fill out an Application notice - form N244, given the severity of the course of conduct this man is pursuing against both you and your daughter, you can make the said application on a 'without notice' basis, without notice for obvious reasons.

 

You will need some tangible evidence to support the said application, I seem to recall that you have said that the police have cautioned this man under s.1 of the said Harassment Act - is that correct to say Mrs H?

 

If you go to the Ministry of Justice Website and look under Civil Procedure Rules you will see a link to Court forms, scroll down the list of Court forms and you will see the N244 Application notice form. Download the said N244 form and save it to your desktop, open it therefrom. You can type in the details of the Court order that you are seeking (injunction under s.3 of the Protection From Harassment Act 1997) against the named offending individual and the reason why. OK, Mrs H, download the said N244 from the Ministry of Justice website or obtain a N244 from your local County Court and then come back to me here and I shall guide you through it.

 

As to this maniacs claims, I am certain that such will be struck out, since he must produce evidence of a contract agreed to between you and him and evidence of the alleged works undertaken by him on your property pursuant to any such contract, it would appear, again, from your posting here, that no such evidence exist and that his claim is unfounded.

 

Come back here when you have acquired the said N244 form, if you need any further help, advice or support then come back here and we will defend you and help you and look after you until this matter is resolved, you are not alone. This is Sparta.

 

Godzilla (which in my world means a very good and pure and excellent greeting from the middle of one's heart)

 

Kind regards

 

The Mould

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OMG this could finally be over. I just phoned the court and they are sending me an N244 and a court fee's exeption form as I may not even have to pay the fee's as I receive IS.

 

Evidence I have on him re harrassment:

 

He has had a part 1 Harrassment order put on him last year

Proof he reported me for benefit fraud

Proof he reported me to the police for harrassment and threatening behaviour

Proof of 4 other similar false allegations he has made about me

Things written on the internet about me, which are related to the above and which is clearly by him as a matter of their content.

False accusations in the claim he has made and the number of times he has lied in the claim.

Proof of some of the lies he has told the court, given to me by neighbours

 

Will this be enough to get the order. I cant prove the Pizzas or taxi's are him. Will have everything we need on Monday, so will post back then.

 

I am sure there will be typos in this as I am actually crying my eyes out now, this could finally be over, thank you all so very much from the bottom of my heart.

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Well, that's some bloody good news. :-)

 

Bravo, Mr Mould!

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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OMG this could finally be over. I just phoned the court and they are sending me an N244 and a court fee's exeption form as I may not even have to pay the fee's as I receive IS.

 

Evidence I have on him re harrassment:

 

He has had a part 1 Harrassment order put on him last year

Proof he reported me for benefit fraud

Proof he reported me to the police for harrassment and threatening behaviour

Proof of 4 other similar false allegations he has made about me

Things written on the internet about me, which are related to the above and which is clearly by him as a matter of their content.

False accusations in the claim he has made and the number of times he has lied in the claim.

Proof of some of the lies he has told the court, given to me by neighbours

 

Will this be enough to get the order. I cant prove the Pizzas or taxi's are him. Will have everything we need on Monday, so will post back then.

 

I am sure there will be typos in this as I am actually crying my eyes out now, this could finally be over, thank you all so very much from the bottom of my heart.

 

Superb Mrs H

 

Right, please forgive me but the s.1 Harassment order threw me of course somewhat, who made and obtained the said Harassment order, you or the local police?

 

Fear not with regards to your answer to the above. You may need to issue a claim against this dog of a man using the CPR Part 8 procedure which is a requirement of CPR 65.28 for claims under s.3 of the Harassment Act 1997, so please, forgive my mistake on the N244 aspect of this matter.

 

The evidence that you have posted is more than sufficient in order to secure the required injunction for your's and your daughter's protection. As to the pizza and taxi nonsense orchestrated by the nasty man, the civil standard of proof, that is, the balance of probabilities will hold in favour of your claim based upon the evidential value of this nasty man's history of intentional Harassment against you, which you have referred to in your above post.

 

He (the thing) will of course not be happy (who cares) that you are taking this action against him and he may increase his criminally disturbing behaviour towards you and or your daughter, so be on guard and keep your wits about the both of you.

 

Such an action under the said s.3 of the 1997 Act would (should) be commenced in the HIGH COURT OF JUSTICE Queens Bench Division.

 

This may seem like a stupid question, do you and your daughter feel threatened by this nasty man's behaviour?

 

In such an action as this, you can claim damages from him for the mental shock, fear and anxiety that he has and, undoubtedly is still causing to you and your daughter, although the reality is a claim such as yours is not founded for monetary purposes it is the protection that is the primary objective of the claim.

 

Come back on the above Mrs H, Roger - over.

 

Godzilla

 

Kind regards

 

The Mould

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The police charged him with a PART1 Harrassment order after they looked at some of the evidence we had on him nearly a year ago. It was very touch and go. ALthough there was lots there the police said he knows how to stay within the lines of them proving their case, but he slipped up once and the police jumped.

 

He has already punched or headbutted me on the back of the head as we left the case management hearing. Unfortunatly it is a very small town court and there was no video cameras to prove such. Yes we fear this man. I have been on anti-depressants now for about a year, whilst my daughter is in councilling and gets sleeping tablets. It's hard to get over how he psychologically damages you with the lies he tells. He doesnt need to walk up to you in the street and physically threatening for you to be affraid. Even the man before who was involved in the court case against him is terrified of him. I asked him to come to court as a witness, he said he would only if the court summons him to court so he had no option and the police gave him protection while in the area as he is so worried about him. There is a pattern to this behaviour.

 

What form do I need now then..... I wont be able to get one now till Monday.

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The police charged him with a PART1 Harrassment order after they looked at some of the evidence we had on him nearly a year ago. It was very touch and go. ALthough there was lots there the police said he knows how to stay within the lines of them proving their case, but he slipped up once and the police jumped.

 

He has already punched or headbutted me on the back of the head as we left the case management hearing. Unfortunatly it is a very small town court and there was no video cameras to prove such. Yes we fear this man. I have been on anti-depressants now for about a year, whilst my daughter is in councilling and gets sleeping tablets. It's hard to get over how he psychologically damages you with the lies he tells. He doesnt need to walk up to you in the street and physically threatening for you to be affraid. Even the man before who was involved in the court case against him is terrified of him. I asked him to come to court as a witness, he said he would only if the court summons him to court so he had no option and the police gave him protection while in the area as he is so worried about him. There is a pattern to this behaviour.

 

What form do I need now then..... I wont be able to get one now till Monday.

 

Good evening Mrs H

 

This alleged 'man' will not be able to outsmart a Judge of the High Court. From the details you have posted here you clearly have enough evidence to justify making a claim under the stated CPR Part 8 procedure seeking an injunction under s.3 of the Harassment Act 1997.

 

If you are willing to take a leap of faith and put your trust in me (a total stranger to you I know) I will send you a pm with my email address and if you are willing to send me an email I will send you an email back with attached Court documents for you to become acquainted with, you would see (from the Court forms) that you will need to set out the facts of this matter - known in legal parlance as 'Particulars of Claim'. You can type the details of your claim onto the Part 8 claim form, save the form on your computer and print the same off therefrom ready to file to the High Court by Royal Mail special delivery (when you are ready to commence the action against this 'man').

 

By the way Tryinhard, I am a man.

 

Well Mrs H, if you feel that you can trust me, then take that leap of faith, however, I must add, please do not feel obligated, I will not be offended in the slightest and I think you ought to know, you and I will never meet, I am not trying to hook up or anything like that and you will not be asked by me to pay any money. I sincerely hope that you will trust me.

 

Godzilla

 

Kind regards

 

The Mould

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If you PM me your email address, I will email you under a different email address if thats ok. I will file them first thing Monday morning, I so want a worry free night, where I can get to sleep without worrying what he's going to pull next. Someone knocks the door and fear shoots through me, I dont think anyone will ever realise how badly something like this can mentally scar you.

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If you PM me your email address, I will email you under a different email address if thats ok. I will file them first thing Monday morning, I so want a worry free night, where I can get to sleep without worrying what he's going to pull next. Someone knocks the door and fear shoots through me, I dont think anyone will ever realise how badly something like this can mentally scar you.

 

Hello Mrs H

 

I am not the maniac causing your suffering, I am not offended though with regards to you thinking that I could be him, I completely understand how you feel, my wife and I have suffered over 17 years of 'silent harassment' - 8 years at our previous address, we moved away from it....or so we thought and for just over the last 9 years we have been subjected to the same 'silent' mental torture.

 

I will pm you with my email address, this is my personal email, I am married and have been with my wife for 22 years, we married in 2003, my wife suffers from Multiple Scleroris Secondary Progressive, we have two young super children.

 

Godzilla

 

Kind regards

 

The Mould

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Mrs H

 

Looks like madness to me, have you considered gearing your case toward having this numpty tagged as a vexatious litigant....... there aren't many but he looks like a prime candidate.

 

Could you post his poc and your defence less any obvious identifiers please.

 

Gez

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Apologies if that wasn't altogether clear...... you've been drawn into this pursuant to part 20 and the following should apply re: service

 

Gez

 

Procedural steps on service of an additional claim form on a non-party

 

20.12

 

(1) Where an additional claim form is served on a person who is not already a party it must be accompanied by –

(a) a form for defending the claim;

 

(b) a form for admitting the claim;

 

© a form for acknowledging service; and

 

(d) a copy of –

(i) every statement of case which has already been served in the proceedings; and

 

(ii) such other documents as the court may direct.

 

 

 

(2) A copy of the additional claim form must be served on every existing party.

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