Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Injunction to prevent someone touching a grave?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2521 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I hope someone can offer some advice regarding a huge problem myself and my family are having regarding a nuisance who is constantly removing and covering up things on my sisters grave.

 

To cut a very long story short,

 

my sister used to be in a relationship a long long time ago with a man

who during the time they were together was very violent and abusive towards her,

resulting in various injunctions and arrests.

 

When their daughter was 12 (she's now 30) my sis finally managed to end it once and for all and started to move forward with her life.

 

Over the years that followed he reared his ugly head every now and then making various threats towards my sis and their daughter but nothing came of it and he was just ignored.

 

Sadly after fighting breast cancer for 7 years she lost her battle and died last August.

Shortly before she died she was really concerned that once she'd gone he would start causing trouble for her daughter and husband (she had been in a very happy relationship for 9 years) and asked me to do all I could to prevent this happening.

 

Not long after she was buried my niece and brother-in-law started receiving vile threatening message from him and tributes left by family and friends on her grave were being moved and hidden.

 

The police were contacted last November and details taken regarding the messages but nothing was done, my niece was just advised to block him (there are reasons she's reluctant to do this which is another story.....)

The messages have continued and over the past month have got worse as has the messing with the grave.

 

He's hiding the tributes her husband's left,

usually thrown behind the headstone

and as there's a picture of my sis on the stone in her wedding dress,

 

he's moving the vase my mums bought with a tribute to her daughter on it, in front of the pic on the stone to hide it.

 

Today I went up there and he'd removed my vase and placed it in someone else's grave!!

 

We spoke to the police yesterday regarding all of this and the officer said that even though the messages are vile and unacceptable it doesn't amount to enough as an arrestable offence,

 

but he is going to go with a colleague to have a word with him and tell him to stop or he will be nicked.

He also advised to get a civil injection regarding the threats but was uncertain if anything could be put in place regarding him moving stuff on the grave.

 

This is my question (at last!)

is it possible to obtain an injunction preventing someone from touching items placed on a grave even though he's not damaging it?

 

I've spoken to my local council who own the cemetery and as the plot isn't owned outright it's not classed as trespass but could be perceived as anti social behaviour.

 

Is this correct and if so is this enough to get an injunction?

 

Thanks for any help

Lisa

Link to post
Share on other sites

interesting. it is council land, yet you have the plot?

what is the law re cemeteries, is it entirely public.

anti social may well be a way forward. an injunction might not work re if its deemed public. not sure

Link to post
Share on other sites

interesting. it is council land, yet you have the plot?

what is the law re cemeteries, is it entirely public.

anti social may well be a way forward. an injunction might not work re if its deemed public. not sure

 

Perhaps the owner of the cemetery can do something about this ! Byelaws that apply or other law specific to cemetries.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites

You can have them arrested if you can prove it. It happened at the cemetary at the top of the hill near me when a local lad desecrated a memorial to a popular man

 

http://www.dailypost.co.uk/news/north-wales-news/man-banned-hawarden-graveyard-five-8617802

 

Bit of an extreme example but it shows the law is there.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

it seems to be an old link

is this still current re

section 18 re offences

http://www.legislation.gov.uk/uksi/1977/204/contents/made

 

If this is still deemed to be law then he is definitely committing an offence under rule D - wilfully interfere with any grave or vault, any tombstone or other memorial, or any flowers or plants on any such matter.

 

I will speak to the police again referring to this and see what they say as I think they just can't be asked to get involved!

Link to post
Share on other sites

If police dont do anything, go speak to the chief superintendent at your local main station. If hes reluctant to help, then time to get MP involved.

 

But try and get proof if you can.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

If police dont do anything, go speak to the chief superintendent at your local main station. If hes reluctant to help, then time to get MP involved.

 

But try and get proof if you can.

 

They have very good cctv up the cemetery so it won't be difficult proving what he's doing. I will speak with the police again tomorrow and point this legislation out to them and see what they say.

Thanks for your advice

Link to post
Share on other sites

Dont speak to the front desk guys, if its a local station. Theyre usually volunteers and not full officers. You need to speak to a sergeant or higher

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Are they a Member of 'Federation of Burial and Cremation Authorities'? http://www.fbca.org.uk/what-we-do

 

Burial Grounds: Guidance for Managers: https://www.gov.uk/government/publications/burial-grounds-guidance-for-managers

 

The Local Authorities' Cemeteries Order 1977: http://www.legislation.gov.uk/uksi/1977/204/contents/made

 

Local Authorities Cemeteries (Amendment) Order 1986: http://hansard.millbanksystems.com/lords/1986/oct/08/local-authorities-cemeteries-amendment

 

Report a stalker: https://www.gov.uk/report-stalker

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

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

Link to post
Share on other sites

Are they a Member of 'Federation of Burial and Cremation Authorities'? http://www.fbca.org.uk/what-we-do

 

Burial Grounds: Guidance for Managers: https://www.gov.uk/government/publications/burial-grounds-guidance-for-managers

 

The Local Authorities' Cemeteries Order 1977: http://www.legislation.gov.uk/uksi/1977/204/contents/made

 

Local Authorities Cemeteries (Amendment) Order 1986: http://hansard.millbanksystems.com/lords/1986/oct/08/local-authorities-cemeteries-amendment

 

Report a stalker: https://www.gov.uk/report-stalker

 

Thank you for this it makes very interesting reading, especially the document Burial grounds: Guidance for Managers as it clearly states that local authority cemetery's have to be aware of the law and follow the Local Authorities’ Cemeteries Order 1977.

What's now really pee'd ne off is that I've spoken to my local authority three times in regard to this matter and each time I've been fobbed off that there's nothing they can do, but it clearly sates in the order that rule 18 d "No person shall wilfully interfere with any grave or vault, any tombstone or other memorial, or any flowers or plants on any such matter"

 

After reading this I'm now of the understanding that the local authority have to take some kind of action? I really need to know exactly what rights we have before I call them back tomorrow demanding something needs to be done.

Link to post
Share on other sites

Youll find that many authorities simply dont care. Thats why you need to keep pushing, get your MP involved, also the local newspapers etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

the document Burial grounds: Guidance for Managers

thanks stu007. that was the doc i linked (broken link) in #4.

 

note also 19 in the order re penalties; poss summary conviction/fine

Link to post
Share on other sites

Thanks for all the advice it's all really helpful.

I've come to the conclusion I'm going to email my local authority and include relevant documents regarding the law in relation to the local authority cemetery order and also the guide for burial ground managers and point out it is their duty to progress my complaint and take whatever relevant action, otherwise I will escalate as appropriate..

 

Just out of interest do you know if its them or me who would get the police involved?

Thanks

Link to post
Share on other sites

 

I will speak to the police again referring to this and see what they say as I think they just can't be asked to get involved!

did you speak to them?

as it potentially involves an 'offence' re a penalty of a conviction (ie criminal) then they shld be obliged to make enquiries at least...

Link to post
Share on other sites

Could the actions constitute an act intended to cause distress?

Would these (as they are repeated) then be harassment?

 

Harassment can be both a tort (civil wrong) and a criminal offence.

If prosecuted (so as a criminal offence) the OP wouldn't have to fund it, and the offender may get an ASBO (so the OP also wouldn't have to pay for an injunction).

Link to post
Share on other sites

did you speak to them?

as it potentially involves an 'offence' re a penalty of a conviction (ie criminal) then they shld be obliged to make enquiries at least...

 

did you speak to them?

as it potentially involves an 'offence' re a penalty of a conviction (ie criminal) then they shld be obliged to make enquiries at least...

 

The police came to see my niece regarding the vile and threatening messages last Saturday and we spoke to them regarding the nuisance he's causing at the grave and was told that they didn't think there was much they could do about it! They are going to "have a word" with him tomorrow (Tuesday) and warn him off of making any more contact with my niece or he'll be arrested and they'll also try and warn him off about the grave, but again said if he continues to interfere with it we'll have to seek a civil injunction as there's nothing they can do unless he damages it, (I wish I knew then what I know now!)

 

I find it so annoying and also worrying that these authorities that are supposed to be there to protect and help the public either just can't be asked and fob you off at the first opportunity or are so uninformed regarding various rules and laws they fail to do their duty correctly!

If it wasn't for this brilliant forum and the wealth of knowledge about literally everything you need to know helping people like me, so much more injustice would take place

Link to post
Share on other sites

Sorry to hear about this.

 

It sounds to me like this person's conduct constitutes harassment, which is a criminal offence under the Protection from Harassment Act 1997.

 

It sounds like the police are taking action, so hopefully that stops it.

 

It is perfectly possible to seek an injunction against this person in circumstances such as this. I suppose the injunction might restrain him from contacting specified individuals; or from going within a 20m radius of the grave. Although I am unclear why he has not been blocked if he is sending abusive text messages - the judge would want to know the answer to that question.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...