Jump to content

Paradiselost73

appeal and potential harassment claim

Recommended Posts

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 form ( 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, mediation 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 claims 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

Share this post


Link to post
Share on other sites

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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

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.

 

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??

Share this post


Link to post
Share on other sites

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 funeral 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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.

 

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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

@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.

Share this post


Link to post
Share on other sites

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.

 

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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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/procedure-rules/civil/rules/part72

 

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

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions


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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

@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.

Share this post


Link to post
Share on other sites

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


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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

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?

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

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?

 

Any help on the appeal process please?

Share this post


Link to post
Share on other sites

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 EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

To appeal the decision/judgement, see the post immediately above the one you just made

Share this post


Link to post
Share on other sites

You was the claimant and you won (to a certain degree) and you wish to appeal...you own judgment ?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52


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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

@Andyorch

Yes I have judgement, but it was a hollow victory, the Judge did not comply with guidelines, he should never have allowed the WS that was not verified and I didn't get the result I wanted.

A Claimant can appeal any decision of the guidelines haven't been adhered to.

Share this post


Link to post
Share on other sites

Of course they can (either party)...its a rare as chickens lips though but possible...see how you get on and let us know.


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

 

    Donate button Give something back to the Consumer Action Group   

 

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

Share this post


Link to post
Share on other sites

As a personal note. Taking people to court for revenge, is never A god idea, and usually ends in disaster. I know it is easy for me to say. but, I think you need to move on with your life and ignore the idiot.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Share this post


Link to post
Share on other sites

It is not about revenge, it's about consequences which is different and it is also about getting 'justice'. 

I have 'moved on' and I have a lovely home now, but what you suggest isn't an option for me. If we all 'gave up' on rightly pursuing action against criminals and abusive thugs like this, there would be no need for prisons and there would be anarchy, with people doing exactly as they please!! Do you think that is a good thing?? People like this need people to make them accountable. 

Share this post


Link to post
Share on other sites
On 2/12/2019 at 11:56 AM, Andyorch said:

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

I have just checked on the court/gov UK website and the £600 limit applies to both County Court enforcement and high court.

I am all out of enforcement options and he is now in breach of the order. I can't do an attachment of earnings, can't use enforcement officers etc. My only option is a third party debt order which I have asked for but the (useless) court is taking an age to process. 

It really agrevates me that he gets away with his behaviour, gets away with making a mockery of the so-called justice system, commits contempt and pejuury with no consequence and now is getting away without paying me the pathetic, paltry sum that he owes me. 

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Posts

    • whatever it was you need the date and the rebate. then you enter that as a MINUS figure in the spready same as a PPI payment on the date they made it.  
    • Thanks dx, one more question 😕   the final payment I paid 6014.71 after 6 months, presumably because the ppi was front loaded and the loan was only 5000 that final payment included the rest of the total ppi (1174 added at the beginning)   if i got a rebate would it of shown on the statement as i cant remember from so many years ago!? 
    • Sangie5952   Thanks that has clarified what the ET1 form represents. We haven't made disclosures yet so I can include the relevant evidence then. Appreciate your help many thanks.  
    • The “fact”, and I use that term guardedly, is that you allege a breach of contract so significant that it justified your resigning - "constructive unfair dismissal". That is the fact that you are claiming. You are discussing evidence here - something that proves the fact. Evidence does not need to be included in the ET1, and few would include anything more than a cursory overview. The tribunal does not "hear" your ET1.  They hear your evidence supporting the allegation you made in your ET1. Do you understand the difference? So evidence may still be collected and may come to light. Technically, right up to the hearing, although, in practice, you need permission to include any evidence not disclosed in the exchange of bundles.    If you have already exchanged bundles, although seems unlikely, then you would need the permission of the tribunal to add further evidence. 
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...