Harassment and small claims help

[Just234]

He is on bail. Has been since last year but it’s complicated. The non contact covers the person he sent the threatening letters to not us - the person he is pretending to be in the letters. Eventually we would get that non contact protection but that’s seems a long way off.

[efpom]

If you are intent on getting an injunction to prevent (further) harassment of you, one way of doing so as you do not know the address of the subject of a harassment Order could be to file that application with the court when, or shortly after, you file your defence and annex.

see cpr 65 28 but also and importantly, 65.29

https://www.justice.gov.uk/courts/pr...art65#IDAFVZIC

If you do get an injunction, with a power of arrest attached, you would have to call the cops to make the arrest, which given the history of this matter, if you call the cops to tell them you are being harassed again, without an injunction they will very likely arrest him anyway.

In the result it seems to me that you are wasting your money - see my post 58.

The only peace of mind you will get with this gent is if he is imprisoned.

If you are, nevertheless, determined to get an injunction, you would be well advised to consult a solicitor about that. As a minimum you are unlikely to get much change out of £3,000.

https://www.gov.uk/guidance/solicito...e-hourly-rates

[efpom]

Do remember that should this gent be charged, you would be a witness at trial.

If he harasses you before then, your status is a potential witness during a police investigation.

The the cops will arrest him and he will likely be charged with witness intimidation.

https://www.cps.gov.uk/cps-page/witness-intimidation

[efpom]

Is this the same claimant?
https://legalbeagles.info/forums/for...ction-protocol

[Just234]

No not the same claimant
but mixes in the same cirles, linking them would be impossible
to prove.

[Just234]

Re #62
so I file an order (is that n244) along with the annex and defence asking for the claimants address?
Please can you explain this in more detail



Also to give context to the police email can I include in the annex the claimants past criminal offences/ newspaper reports on him as he uses the same Modus operandi?
or include this info in the defence?

[efpom]

I am unable to assist with obtaining an injunction against the claimant.

The purpose of the confidential annex is to alert the court of the fact of a police investigation - nothing else should be included in that.

Any defence should be aimed at answering the assertions on the claim form and particulars of claim.

But here, the POC does not address on a point by point basis, the assertions written on the claim form. In consequence you are unable to plead a positive defence, and are therefore unable to admit or deny the assertions.

[Just234]

Ok perfect Thankyou

[efpom]

Ref your post 65 - What is the status of that claim today?

https://legalbeagles.info/forums/for...ction-protocol

I am surprised, to say that least, that a police officer, armed with a solicitors letter turned up at your door to collect a debt owed by you to a prisoner!

[Just234]

The solicitor discontinued the claim as he had no evidence to prove payment was ever made. Another totally bogus claim.

It wasn’t actually a police officer he just claimed to be one so we would let him in. He wasn’t any official at all. All part of the ruse.

[efpom]

Yesterday, the High Court handed down judgment in Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023) which at 1 to 6 give an illustration of how the court dealt with poorly pleaded particulars of claim

https://www.bailii.org/ew/cases/EWHC/Ch/2023/169.pdf

[Just234]

Ive had a good look over some of the letters that the claimant has provided in the bundle of supporting evidence.
he has fabricated these to paint a picture of an agreement between claimant and defendants, promise of repayment and demand for repayment.
due to dates and other elements included in the letters it is possible to prove without doubt that these documents are fake.

this being the case Is it possible to add into the defence that this person has forged these documents to deceive and mislead the judge/court with the intent of extorting money for their own personal gain therefore is committing a fraud?

[efpom]

Not in my view.

It seems to me that you are becoming confused about the so called claimant's "bundle" which is not before the court, because the only way that documentary evidence can be properly before the court is as exhibits to a witness statement.

I suggest that you get cracking on drafting your defence and posting it on here. What is the latest date for that to be filed with the court & served on the claimant?

[Just234]

Also in the draft defence the points 12,13,14 where it says the defendants are unable to admit or deny……
is this entered because the particulars of claim aren’t written properly?

( it is uncomfortable for me stating I am unable to admit or deny when I absolutely deny. The It feels a bit flip-floppy, like a casual I’ll decide later, Which having seen the rest of the documents enclosed I can determine the basis of his claims to which I very strongly deny.)

[Just234]

And another area where any help would be appreciated
Counterclaim? Where do I start with counterclaim for harassment?