Cease & desist letter

[MRS T]

hello there,

thank you for the birthday wishes!

this is a slightly different problem i have.

can anyone advise me what can i do to stop my own sister! - harrassing me. annoymous calls, slander on the internet - you can imagine! she has even publicly accused me of murdering my father and sister - who sadly died of cancer. dad died 5 years ago and sister only 3 months!

very long story - police involved in the past few years on and off - but recently had another death threat from her daughter to my daughter! - lovely i know but it is getting serious.

can i send a cease and desist letter?

any help or ideas are greatly appreciated.

all the best

[Eloise01]

Re: Cease & desist letter

You involve the police again. Such threats are serious!

[Inca]

Re: Cease & desist letter

As per Eloises' post,,you must involve the police again,,and keep on involving them.

[MRS T]

Re: Cease & desist letter

police say get the solicitor
solicitor says get the police

stumped
thanks for replies

[bluebottle]

Re: Cease & desist letter

From what you have said, it may be time to seriously-consider obtaining an ex parte (without notice) injunction from your local county court under Section 3, Protection from Harassment Act 1997. This would legally-restrain your sister and niece on pain of being fined, sent to prison or both if they breach the injunction. On the day you apply for the injunction or within three working days, you must submit an N1 claim to the court against your sister and niece for any financial losses you have suffered as well as anxiety. This will then be heard by a Circuit Judge who will then make the injunction permanent. The application for the injunction will be heard, probably, by a District or Deputy District Judge.

I am attaching the requisite court form (PF39CH) to this post, along with a copy of the Protection from Harassment Act 1997. It will cost £175 in court fees to obtain the injunction, but this should be added to the N1 claim.

If you have previously sent a written request to your sister and niece to desist, whether directly or through an intermediary, e.g. a solicitor, this may be sufficient to warrant a request to cease and desist. However, the reality is that, sometimes, although desirable to send a cease and desist letter, it is not practical, for any number of reasons, to do this. As Eloise01 has said in her post, this matter is getting serious. If you do have to apply for an injunction, make sure you have sufficient copies to be signed and stamped by the court and served on your sister and niece and a copy lodged with the police. Once the police have a copy of the injunction, they cannot then ignore your sister and niece's behaviour.

[MissFM]

Re: Cease & desist letter

Hello Mrs T

What a horrendous situation.

The only thing I would add to the advice above, with which I agree wholeheartedly, is that even in this country, now, death threats are criminal and the police MUST take it seriously.

If it were me, I wouldn't faff about with a "cease & desist" - what's the point? They may be playing mind games, or they may have serious intent - whichever, this is a police matter and it needs to be stopped PDQ.

[CleverClogs]

Re: Cease & desist letter

One might wonder if the sister and/or the niece could be ever so slightly deranged, or if they're on drugs. :crazy: