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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
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Crazy story: Being harassed by neighbor, Housing association AND Police when I am the victim


katiekatss
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I have been harassed by a neighbor because I wont be his friend.

 

I am from a domestic violence background came out of a refuge and I am an attractive woman in my 20s with mental health issues of anxiety and depression (also recently diagnosed with PTSD due to current events)

 

The HA placed me between two older men, this wouldnt usually be a problem but they both became obsessed with me. I had to tell both of them to please stop knocking on my door, I am private.

 

This is when the false noise complaints from downstairs firstly came however I wasnt the victim because he was elderly means he automatically will be believed despite having noise recorders with no evidence and me going out my way to put thick underlay and carpet which nothing in my tenancy states I must do so still I was apparently harassing him with noise.

 

when I told upstairs to leave me alone and not knock on my door he would purposely make noise. He use to pretend to be someone from outside by ringing my doorbell because I never answered when he knocked on my flat door.

 

I found this really weird and after he knocked on my door for about 20mins I told him to leave me alone, he was only knocking to ask me personal questions.

 

After I complained about upstairs noise this is when his counter claims came to avoid prosecution. Said I threw things on his door and slammed doors. Agin he has noise recorders and nothing.

 

I however had noise recorders and it stated he made loud bangs like I said however the HA did nothing and suggested rugs.

 

The neighbor upstairs was also caught liasing with the one below me to make up complaints about me, which was admitted by the one downstairs to the manager (now the manager hates me she is denying he ever admitted this to her)

 

the manager was fine with me until she spoke to the man above then suddenly she turned against me, I have no idea what I did to her but she started to ignore my complaints and be really rude to me on the phone.

 

She also denied he not allowed laminated flooring and cannot provide me with the apparent previous tenancy which states he can have laminated flooring.

 

the HA have been blocking me from going to the Housing ombudsmen by longing out my complaints and not allowing me to escalate or give me replies.

 

This neighbor however went on to key my car, write die on my flat door, push me (when I was pregnant), kick my door whilst threatening me, put dog poop on my car handle and make several false complaints about me.

 

I got the police involved who were useless to the point I made a complaint about them this they did not like then their harrassment against me came.

 

I asked for the neighbour to be issued with A Harrasment order and the police reluctantly did so. However around a week later i was also issued with one based on his false complaints.

I have challenged this, how is this proper procedure?

 

The police gone on to make false claims I making reports to crimestoppers about the neighbour and told the HA this.

 

the police also have come to my address several times banging on my door and invited me for an interview on neighbor false allegations.

 

The police tried to bring charges against me for court.

However when it got to court even the CPS said it is clear I am the victim due to the amount of calls and dates ect and they told the court they did not want to pursue the case against me as it is very one sided and seems like a witch hunt.

 

Even the prosecution saw what was going on.

 

of course the police did not like this because I still have a complaint against several officers with strong evidence of harassment and breaches of the law and data protection.

 

However now after some weeks the police have again come to my address this morning to "deliver" me a letter from the housing associaiton, since when are police used as personal post men for housing associaitons?

 

I know the HA manager was ....

I never got convicted or it even went to court,

she hates me and wants me out and I know the police are also ....

 

I do not know what this letter is but I am guessing an ASBO because they can issue these based on the police word and HA word alone.

 

If it is this how do I challenge this?

 

The HA manager I have a complaint against her with several organisations due to her breach of data protection and harrasment against me so she is also trying it with me.

 

The HA or the police wont even let me present my strong evidence or prove my innocence that this neighbor is a liar, they dont even care they just want to shut me up for complaining about things they have choosen to do which are against the law and human rights rather then just deal with the case against the neighbor.

 

I know they are trying to break me but I cannot lie it is working, I am broken.

I feel like maybe I should of just given into this mans advances because then I wouldnt even be going through this

 

and despite sending them proof of my medical evidence they refuse to move me, they want me out. It is bullying and I do not know where to turn because they are blocking everything.

 

(there is another thread on here from 2011 which someone else complained about this HA and their bullying tactics so I know I am not alone)

 

I know I need to stay strong but it is hard, they are now trying to issue with me an ASBO which means even on medical grounds I cannot move because before i couldnt move because i had "court proceeding" against me, now I dont they need to make something else so i cannot move and the complaints about me keep coming or I break and leave and be homeless.

 

I hold a lot of paper evidence, witnesses and recordings.

I have several complaints with the professional standards with police.

I have a complaint with the housing ombudsome who obviosuly cannot help until The HA complaints has finished

I have a complaint with the ICO due to data protection breaches

 

By them issuing me with an ASBO I can go to prison and since the man makes false complaints it is likely i will so another way to get me out and ruin my life.

Edited by katiekatss
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Hi

 

Welcome to CAG

 

That thread from 2011 is old so the advice is old so please don't use it.

 

Please bear with me as I need to ask some questions.

 

1. What type of Tenancy Agreement do you have with the Housing Association (HA)?

 

2. Have you exhausted the HA Complaints Procedure?

 

3. Have you considered registering for a house swap? (I know this may not be suitable or even why should you but something to consider)

 

4. Have you kept a good papertrail so you have evidence?

 

Now with the HA write and ask them for copies of the following Policy Documents:

 

1. Complaints Policy. (if they send you the basic tenat complaint leaflet insist that you have asked for the policy)

2. Customer Care/Standards Policy.

3. Anti Social Behaviour Policy.

4. Communications Policy.

5. Equality and Diversity Policy.

6. Neighbourhood Management Policy

7. Mutual Exchange Policy.

 

Now when you get these sit down with a highlighter pen and read the documents and take your time, just think to yourself did the HA do that s your read them and if not highlight it.

 

use there own policies against them

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hey,

I have an assured tenancy,

they wont allow me to take complaints to next stages

I have not yet, my friend suggested this but I do think they will try block it if I did get a swap

I have all the emails/letters ect from 2014 and a couple phone recordings

 

I am going to write to them tomorrow asking for the things you suggested thank you

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Could you please expand on why the HA wont let you complain to the Ombudsman? (they have a complaints procedure which they must follow which has time limits for each stage then off to Ombudsman)

 

Housing Ombudsman Service link: http://www.housing-ombudsman.org.uk/

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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Hi

 

I am going to move your thread to our Residential area as this is a Housing Association issue.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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So what the HA have applied for is an injuction against me based on false evidence.

The police have told them lies about me even brought up arrest (no conviction) that i have had in the past and this info has been included in the injuction

They stated i have 15 names and go by 4 DOB and 7 phone numbers

All info coming from the malcious neighbour and no evidence

 

Also found out they have been trying to dig around my medical records stating i am a "risk"

Even my GP stated they were shocked at the info coming from them

 

Anyone who sees me as the victim this HA try to turn them against me.

They done it so far with mediator, my ex solictor now my doctors they are trying to do it with.

 

Because they couldnt get me criminal courts now they are trying civil courts.

 

No evidence just a bunch of malcious idiots who i made complaints about and fear losing their jobs so are trying everything in their power to get me done for something so they can say their actions were acceptable.

 

I am disgusted my personal medical records have been discussed though

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Hello Katiekatss,

 

Firstly, I am so sorry to read of your story.

 

Have you thought about contacting Shelter, they may have some advice regarding housing. http://england.shelter.org.uk/contact_us (NB: Link is from Shelter England, if you are based elsewhere, there may be different contact details).

 

Your local Citizens Advice Bureau may also be worth considering, as is getting in touch with your local MP.

 

Stu007 has given you the list of the policies you need to ask your HA for, but if they are so insistent that they will not take your complaint through the whole process, they need to send you a deadlock letter saying that, as far as they are concerned, your complaint has been addressed and that should at least give the Ombudsman the go-ahead to start their investigations.

 

HAs have to go through a set process of evicting someone, which includes going to the courts, as they have not started this process, then I would like to think that they realise there is some wrong in the campaign they have against you. http://england.shelter.org.uk/get_advice/eviction/eviction_of_housing_association_tenants/eviction_of_assured_tenants_of_housing_associations. Keep building that log of evidence as you will probably need it.

 

Finally, please try to look after yourself as best you can. Speaking as someone who also has a mental health condition, I know that this is easier said than done. You sound very strong, but you have to look after yourself in order to preserve that strength.

 

Please let us know what you decide to do and keep us posted along the way. Us Caggers will do our best to help you.

 

Good Sister.

  • Haha 1

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

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Hi

 

You say the HA has applied for an Injunction but have you received any court documentation? (on what grounds)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Good sister thanks for advice I will get my solictor to send them a deadlock letter.

 

Stu i have recieved the paperwork. The injuction is listed in 4 different names i have never been known by. This is them trying to devalue my character.

The only evidence they have is the neighbors diary sheets. The diary sheets have complaints in them on dates when i was abroad so i will be proving i was not even in the country when certain complaints were made.

 

Both these neighbors have had noise recorders yet it came back as nothing which is why they are not supplied in the evidence.

 

Also the upstairs neighbor has said things like "dragging something on the floor" "moving furniture" "stomping around"

 

I have carpet and thick underlay and he lives upstairs how is this to anyone with common sense how can they not see its malcious?

 

He said things in his diary such as:

"She has opened her door and is outside my door listening to me"

"She is throwing something at her cat"

"She left the house"

"She was talking on the phone then when i came in she stopped"

"She is talking to someone i cant hear who"

"She has friends over they are laughing and talking"

 

I have complained about this neighbor stalking me, how does anyone not think what he has written is weird? He is also a cannbis smoker.

 

The neighbor downstairs who has now moved out apparently due to me put things in his diary such as:

"She is walking around"

"Hoovering in the kitchen"

"Sqeaky boards going off"

"Stomping and dragging something"

 

Most of their complaints are also within non anti social hours.

 

The police have also added their two cents claiming i was arrested in 2013 for throwing paint on a neighbors car.

Again false.

An ex friend of mine who lived nowhere near me threw paint on my car and i had my insurance write my car off.

 

After i reported her to the police she made counter claims that i smashed up her car with a baseball bat. She did not even own a car and the charges were dropped.

 

The police have stated several other lies and edited reports about me.

 

The manager also claimed i have no mental health issues but in the same evidence pack and what i have semt to the HA it clearly states i am on anti depressant.

 

She has lied in her summary to the judge.

 

I am going to write a letter to the judge and supply some evidence asking it to be dropped.

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i am already planning to sue the police how they cannot think i am being stalked i do not know

just hope a decent officer comes along and actually deals with my case and th officers who have been harrassing me get sacked

it is torture what they are doing to me

 

and i went to them as a victim this is what makes the whole thing worse

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Hi

 

I think you need to concentrate your efforts dealing with the Injunction that the HA are applying for. (post#7)

 

What type of Injunction have they applied for? (i.e. Anti-Harassment and restrictions)

 

Have you received any Court Documentation about the Injunction?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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