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Please help with harassment claim & potential appeal against civil proceedings

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  • #61
    I forgot to add that I was exceptionally proud of my WS! It was set out in the proper format, each event in chronological order with the entire bundle paginated. The exhibits mentioned in the WS were bolded and I even made sure that the margins met the guidelines (3.5mm)

    I took weeks to get it right. I quoted the CPR guidelines at appropriate points in it and made sure that I ended it with the statement of truth. I had no recognition for any of that or the distress that the Defendant put me through.

    Comment


    • #62
      As for the Defendant breaching the court order, or about to, I've made an application for a Third Party Debt order and if that doesn't work I have a copy of the order together with some information that his commanding officer or military police may be interested in.

      Comment


      • #63
        I also forgot to mention that in this part of the UK we've been a little left behind! There are no Pro Bono centres here to my knowledge and law clinics are few and far between. I've been to the Cit advice and they gave some help, but weren't that useful

        Comment


        • #64
          Originally posted by Peace1 View Post

          Whilst I appreciate all the help you have given, to be honest I find your post a little assumptive!.
          I DID everything I could as a litigant in person. *** I read the CPR rules until I was sick of rhem****..... I researched and found relevant case law, quoted it in my statement of case and included it in my bundle, I read and found information on The Protection from Harassment Act and Torts Interference with Goods Act. I did EVERYTHING that the Defendant didn't do.
          I also had a consultation with a litigation solicitor and paid a legal expert to provide advice.

          Was that enough do you think??
          When the Defendant didn't comply, I made applications to the court for him to 1) Produce evidence 2) Defence to be struck out and 3) witness statement to be struck out. ALL three of those applications were refused.

          So in summary thank you for your help but I know darn well that I did everything and your comments are not helpful
          as i said, sorry to sound harsh but litigation can be a very very harsh arena to play in. My point was that if the party didnt comply with the rules and there were no sanctions in the Order that they breached it falls on the party affected to apply to the Court. Im sorry if that is something you find unhelpful but let me tell you as someone who has a large amount of experience in the senior courts including the Court of Appeal, the Courts will not be sympathetic , now you said that the otherside had failed to comply with Court orders, you will struggle appeal if you didnt ask the Court using the correct channels to hold them to account.

          I shallnt post any further on this thread, i wish you good luck with an appeal
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #65
            Here is part of my application for exceptional case funding (Legal aid)
            Any thoughts, tips or advice on how I have written it would be welcome please.....


            '' I do not feel that I am in a position, nor capable of representing myself in this case. Being a litigant in person in the Civil Court proceedings regarding my personal belongings, which was on the small claims track was exceptionally difficult and caused tremendous and unmanageable anxiety.
            I had to personally fund a advocate (which was unaffordable and a cost I did not recover) to manage the final hearing as it was so emotive and stressful and I didn't feel capable of effectively handling it.
            This (harassment) element of my case is extremely complex and will invoke feelings of panic and bring-about distressing, traumatic memories of the way that the Defendant behaved.
            This will be a fundamental breach of my Human Rights which have already been not only breached, but trampled over incredibly by the Defendant.
            The behaviour of the Defendant was frightening and abusive. I am confident that he will repeat this behaviour towards another female that he may come into contact with in the future and she will endure the same fate or worse.
            I have already had to navigate a difficult and complex system with absolutely no prior knowledge whatsoever. The Defendant needs to face consequences of his actions and I need to obtain some justice and closure.
            I with long term health issues including chronic pain and anxiety/depression, the later in part due to the actions of the Defendant which makes pursuing this myself almost impossible. If I am not able to obtain the justice I deserve and ensure that the Defendant is punished this will further exacerbate my low mood and depression.
            I recently also sadly suffered the sudden passing of my dear maternal Grandmother who brought me up. I was exceptionally close to her and loved her dearly. This has impacted my emotional and mental health massively. I could not endure representing myself, but it should not follow that my HR's should be denied and disregarded.
            Additionally I have the added anxiety of making a complaint to the Police commissioner and requesting a review.


            Any tips on this would be welcome, is it enough and the sort of thing they would expect ??

            Comment


            • #66
              Afraid I can't comment on the suitability of your application but you might get some pointers from this website; https://publiclawproject.org.uk/wp-c...ut-a-rep-2.pdf
              they don't unfortunately deal with individuals unless referred by a lawyer

              Comment


              • #67
                Originally posted by des8 View Post
                Afraid I can't comment on the suitability of your application but you might get some pointers from this website; https://publiclawproject.org.uk/wp-c...ut-a-rep-2.pdf
                they don't unfortunately deal with individuals unless referred by a lawyer
                They have a 'direct' form which states on it that it is for individual applications??

                Comment


                • #68
                  On their contact page they state;Unfortunately, the Public Law Project is currently not accepting new enquiries from individuals. We cannot respond to individual messages and are sorry not to be able to help (https://publiclawproject.org.uk/contact/).

                  Try them and see what happens....don't ask doesn't get!

                  Comment


                  • #69
                    Originally posted by des8 View Post
                    On their contact page they state;Unfortunately, the Public Law Project is currently not accepting new enquiries from individuals. We cannot respond to individual messages and are sorry not to be able to help (https://publiclawproject.org.uk/contact/).

                    Try them and see what happens....don't ask doesn't get!
                    Exactly...... I think that may relate to the usual type of applications? The purpose of exceptional funding is to provide funding for those that are unable to access it so surely they can't remove it completely for individuals?
                    ohhhh well the app is going in!

                    Comment


                    • #70
                      it is Public law that do not accept individual applications for assistance.
                      Legal Aid Agency of course do consider individual applications for exceptional funding

                      Comment


                      • #71
                        This claim is really important and is reliant on my ability to obtain help or funding so anyone who could help or comment on my information for the Legal Aid exceptional funding application above please do. Your help, advice and objectivity will be so appreciated.
                        ​​​​​​Thank you

                        Comment


                        • #72
                          Wasnt intending on posting anything else, but have you considered crowd funding? Pages like Crowd Justice or Go fund me can put funding in place to support legal claims, done that a few times so know it works
                          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Pt@roachpittis.co.uk .

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #73
                            Originally posted by pt2537 View Post
                            Wasnt intending on posting anything else, but have you considered crowd funding? Pages like Crowd Justice or Go fund me can put funding in place to support legal claims, done that a few times so know it works
                            I had not thought of that, thank you, I will consider it.

                            Comment


                            • #74
                              I also wondered if there are any tech-savvy people on here please?
                              I was not on the landlords social media so when he posted video recordings etc I didn't know.
                              I discovered after I had fled the property from a mutual acquaintance.

                              This person told me, sent me one of the covert recordings, but she did not have more than one as they were on Snapchat or Facebook and she hadn't saved them,
                              .Some were also on Instagram so I emailed them to try and obtain some of the deleted media that he posted.

                              Does anyone have any idea at all about how I could recover further evidence??
                              As I said I wasn't a member of the social media pages that he posted on/,not one of his 'friends' on Facebook so I didn't know about the content.
                              I have asked a friend who he doesn't know to search his profile but everything appears to have been deleted.

                              Particularly on Snapchat as I think that is where most of the content was posted. Do the posts vanish after 24 hours or is there a server or somewhere that they are held?

                              Any help as usual would be appreciated. The more evidence I have for a breach of privacy or harassment claim the better!

                              Comment


                              • #75
                                So today I received a letter from the court. The Defendant has made an application to vary the Judgement and pay in installments!!!!!!
                                installments of ........... £30.00 per month!!!!

                                He is again massively taking the p**s.

                                He has put his wage as £2,490 per month on the form and then massively inflated his outgoings..... Who spends £380 per month on housekeeping and food especially when they live alone and procur food from the kitchen of his workplace (he used to bring home big boxes of cereal and trays of 24 eggs, big slabs of cheese and bottles of sauces etc)

                                if he wants to play silly beggars and not act reasonably after everything he's put me through, I think it's time to report his behaviour and a couple of other things to his CO.

                                I've have already sent a request for a third party debt order to the court and emailed the form received today stating that I do not agree with the proposal and I want payment made in full by the date specified in the court order.

                                Your thoughts on the above points please?

                                Comment

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