not sure if this is the right place but i am

[Mrkakaka]

not sure if this is the right place but i am suffering harrasement from my neighbour
over the past 3-5 years she has sent my family letters trying to take us to court for various things 1 being my fence which was broken by her children in the first place playing football and pulling the fence apart then she tried to get me in trouble with environmental health dept of my local council over a compost which wasn't really there and never really got off the ground as all our garden waste goes to recyclilng she said it was atracting rats at the time we had 3 cats and 2 little dogs who would have loved to chase away rats then just this week she spotted a loose piece of concrete which I hadn't even seen and said she wanted compensation for this I have removed the dangerours bit but I know want this to stop and am ready take this to court the police were involved but know after this last letter they have said it is a civil matter and that I needed legal advice I have contacted and am meeting CAB and have been though the law society website but the solicitors don't seem to be taking on any more legal aid cases in north essex as I am unemployed and have been made redundant twice in a year so I can't pay for it I had my fence redone costing me £900 which i got from some insurance but this should have gone on keeping up with my mortgage. what can I do I should be claiming compensation from them not the other way round both me and my wife are receiveing couselling for depression and my wife hasn't been in the garden for 3-4 years
so any help v much appreciated

[Amethyst]

Re: not sure if this is the right place but i am

Hi Mrkakaka

Welcome to Beagles. I just wanted to say I understand how depressing this kind of action can be. I didnt go in my garden for over a year due to a neighbour continually hassling me in an argument over use of a right of way for vehicles behind our houses. I ended up being accussed of assault (she came into my house to view the deeds of the properties which evidenced the right of way and I felt extremely threatened by her behaviour) and having to give a statement to the police at the local police station under caution which was extremely distressing.

It sounds like a good idea to meet with CAB - take along some photographs of the supposed problem with you if possible. Also with regards the broken fence, was this fence your responsibility (you should be able to see on planning office maps or your deeds) ?

Someone else may be able to help with cease and desist type applications but it is outside my area of knowledge I'm afraid. I know keeping full records and photographic evidence of any thing they complain of is a good idea.

What has this person threatened in the letter ?

Ame
xx

[Mrkakaka]

Re: not sure if this is the right place but i am

Hi Mrkakaka

Welcome to Beagles. I just wanted to say I understand how depressing this kind of action can be. I didnt go in my garden for over a year due to a neighbour continually hassling me in an argument over use of a right of way for vehicles behind our houses. I ended up being accussed of assault (she came into my house to view the deeds of the properties which evidenced the right of way and I felt extremely threatened by her behaviour) and having to give a statement to the police at the local police station under caution which was extremely distressing.

It sounds like a good idea to meet with CAB - take along some photographs of the supposed problem with you if possible. Also with regards the broken fence, was this fence your responsibility (you should be able to see on planning office maps or your deeds) ?

Someone else may be able to help with cease and desist type applications but it is outside my area of knowledge I'm afraid. I know keeping full records and photographic evidence of any thing they complain of is a good idea.

What has this person threatened in the letter ?

Ame
xx

she always says she has contacted a solicitor but a solicitor would say don't write hand written legal letters she threatens court action saying that there kids might
get hurt on the fence which they were breaking up and the chimney I didn't even notice the piece of concrete had come away i have made it safe and removed this
but it wouldn't have landed on there property anyway. I am going to see what I can find out from the land registry but my previous neighbour did put the fence in the first place. thanks for your quick reply

[Amethyst]

Re: not sure if this is the right place but i am

Have you checked out the name of the solicitors she is claiming to be using ?

http://www.lawsociety.org.uk/choosin...asolicitor.law

[Caspar]

Re: not sure if this is the right place but i am

As Ame said, keep the letters and anything else you can gather as evidence. The more you have, the better your chances!

It must be distressing. I'm lucky - fortunately all my neighbours have always been great.

[Mrkakaka]

Re: not sure if this is the right place but i am

Have you checked out the name of the solicitors she is claiming to be using ?

http://www.lawsociety.org.uk/choosin...asolicitor.law

sadly can't find the first as my wife said it was making her too depressed this had the name on but it I have the 2 other letters which mentions the contents of the first anyway I think it was something Caldwell if I remeber correctly. what can I do as I am sure this isn't normal to put the name anyway of a solicitor that they were using but she probably only got a free half hour with him if she saw him at all.

[Tools]

Re: not sure if this is the right place but i am

MrKakaka

This constitutes harassment if they are complaining unreasonably, if they have valid concerns about the issues they have raised then they should in the first instance approach you informally.

If they continue to make unreasonable demands and persistently threaten you with court action then they are guilty of committing an offence under the Protection from Harassment Act 1997.

1 Prohibition of harassment. (England & Wales)

(1)A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a)that it was pursued for the purpose of preventing or detecting crime,
(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

2 Offence of harassment. (Enland & Wales)


(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

The remainder of the Act can be found here Protection from Harassment Act 1997

The police are correct in saying it is a civil matter, however, if you make repeated report/requests to them outlining the extent to which it is causing you concern, they may appoint a community officer to visit and have a "quiet word".

For information, are either of the properties rented ?(Local Housing or Privately) Do you have legal cover included with your home insurance? If so then contact your provider and see if they can assist with legal matters.

Another remedy, one which you may not feel able to try, is simply to ignore them and call their bluff, if you suspect they have not or will not start proceedings then the next time they threaten it say "I will wait for your solicitors letter to arrive and deal with them instead of you". If a solicitors letter does arrive, do not panic, come back and we can advise further.

I noticed you mentioned that the cost of the fence should have been paid towards the mortgage, does this mean you have fallen into arrears with this or any other creditor.

[Mrkakaka]

Re: not sure if this is the right place but i am

Thanks very much for your reply i am very grateful.
The police are correct in saying it is a civil matter, however, if you make repeated report/requests to them outlining the extent to which it is causing you concern, they may appoint a community officer to visit and have a "quiet word".
ans: A PCSO has been involved but know as she has been cited in the last letter I think the police have given up a person behind me had taken a photo of there boys climbing my fence she told my neighbour who wrongly assumed I had taken them so she put it in the last letter she also wittnessed the boys kicking the ball at my fence and the force of the kick.

For information, are either of the properties rented ?(Local Housing or Privately) Do you have legal cover included with your home insurance? If so then contact your provider and see if they can assist with legal matters.
ans:both are privately owned no I don't have legal cover I went for the budget insurance and it has know come back to haunt me,
Another remedy, one which you may not feel able to try, is simply to ignore them and call their bluff, if you suspect they have not or will not start proceedings then the next time they threaten it say "I will wait for your solicitors letter to arrive and deal with them instead of you". If a solicitors letter does arrive, do not panic, come back and we can advise further.
ans: for my wife's sake I can't just do nothing her hands are mess and she can't sleep I can't have her health get any worse
I noticed you mentioned that the cost of the fence should have been paid towards the mortgage, does this mean you have fallen into arrears with this or any other creditor.
ans: yes and i am on suspened order but it has been caused by the government cutting interest payments water gas council tax tv. and I have about £300 of bank charges I am paying back which as I am out of work I don't know how I will pay them back.
thanks again for informing of the acts of law involved.

[Tools]

Re: not sure if this is the right place but i am

ans:both are privately owned no I don't have legal cover I went for the budget insurance and it has know come back to haunt me,

That is not a problem, was just an option if you did have it

ans: for my wife's sake I can't just do nothing her hands are mess and she can't sleep I can't have her health get any worse

If it is causing health issues then it definitely constitutes harassment. Make sure you keep a detailed account of events. I would make an appointment with a solicitor, being in receipt of benefits you may be able to receive legal aid, however, I am not sure if this cause of action would be covered, the solicitor (or someone else on here) would advise you better than I can. Above all, do try not to let this get to you or your wife, I know it can be difficult to ignore but trust me, it does help. If you receive any further threats/complaints/demands then post them up asap without responding to them. Ask them to put anything they wish you to do in writing before you will respond.

ans: yes and i am on suspened order but it has been caused by the government cutting interest payments water gas council tax tv. and I have about £300 of bank charges I am paying back which as I am out of work I don't know how I will pay them back.

Prioritise your debts,
Mortgage
Council Tax
Water
Gas
Electric?(How are you doing with that?)
TV
Bank charges

Mortgage
How much are the contracted payments, the arrears, and the additional payments on top to clear the arrears?
This is your main priority, do not default any further on this.

Council Tax
Have you contacted them to make repayment arrangements to clear the arrears? Again, this is a priority that you should keep up with.

Water, Gas, Electric
Have you contacted them to make repayment arrangements to clear the arrears? Not ranked as high a priority but still needs to be dealt with

TV
Do you mean TV Licence or an entertainment package such as Sky/Virgin? If the latter then you may need to consider downgrading your package as soon as possible to save money.

Bank Charges
Could you give more details please, if you are unemployed (also does your wife work?) are benefits paid into this account? If so you need to set up another account elsewhere, my best recommendation is a Post Office account. Then arrange for the benefit payments to go into that account so the bank cannot use it to set off against charges, giving you more control of the money you get to repay priority arrears rather than bank charges. The bank charges can be repaid by coming to an repayment arrangement with the bank.

If you have Direct Debits, cancel these and where possible make manual payments.

Consider completing our I/E Sheets as accurately and as truthfully as possible and email it to admin@legalbeagles.info . With this we can better advise you to deal with your finances to prevent further stress and illness.

[Mrkakaka]

Re: not sure if this is the right place but i am

went to CAB but they only suggest waiting till we actually receve a real solicitors letters then just compile all my bits i would and then the judge should give them a shock.
When I went back to the PCSO she said if I recieve another hand written letter they will pursue for harrassment if the letter is bad enough so as I can't afford a solicitor and legal aid seems unavailable till the new year which is sad surely they should allow for some in every quarter of the year but beggars can't be choosers or what ever they say.

[Tools]

Re: not sure if this is the right place but i am

Which is why I stated that you should request any complaint they have is put in writing

[Mrkakaka]

Re: not sure if this is the right place but i am

Which is why I stated that you should request any complaint they have is put in writing

i do have the old letters but what the police are asking is that should they send any more letters of which I have 3 already but for some reason they need one more then they will take on the harassment case so i'll just wait thanks for your advice so far all who have replied I was going to look through hmcs website to find the right option to use but couldn't find which one i should use and my wife really doesn't want to go through the court ordeal but could well have to sooner or later.