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Overwhelmed, what do I do now?

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  • Overwhelmed, what do I do now?

    A company relayed information about me as fact and naming me, and all that is said carry's absolutely NO TRUTH.
    This company named me as violent, abusive and have said "I forced my partner into sexual activity with my friends against her will".
    I have this in writing, both me and my partner know this is not true, and in all likelihood, a mix-up of her ex-partner many many moons ago. I have no criminal record or police cautions ect.
    I wrote to the company many times, including providing copy's of the said statements naming myself, in hope to resolve this, without any response from them.

    I notified them of intended prosecution, to which they finally replied "our response remains the same, we are not at liberty to discuss this".

    I then issued a money claim online, and today received a response from they'r solicitor.

    Why they disagree with the claim
    The Claim - procedural irregularities We understand the Civil Money Claims Service is an online service for all specified money claims valued below £10,000. The Claimant is claiming damages not limited to £10,000 (We refer to section 3 of his online form,) The Claimantís claim is not for a specified sum.

    The Claimantís claim should have been issued under part 7 of the CPR. Under part 2.9 of the CPR, a claim for damages defamation may not be started in the County Court and must be issued in the High Court.

    Finally, the allegations must comply with the detail required by Part 53 and the accompanying Practice Direction for defamation claims. The Claimantís online claim form does not comply.

    The Claimant has referred to a statement made by the Defendant. He has not set out where, when or by whom this statement was made and whether it was in writing, verbally made or both and how this statement has caused the alleged losses.

    As for the claim not being limited to £10,000, I don't know where they got this from..
    Any advice please, are the just trying to confuse me with jargon?

    Thanks in advance...

    Tags: None

  • #2
    Oh how awful for you.

    Where have this company stated the allegations against you?

    It would be a defamation claim by the sounds of it that you need to make, and this should be filed in the high court (except by agreement between the parties) and the pre-action protocols followed so the defendants defence/application to strike will be correct - really need to take a step back, see what the actual situation is and what you have issued as your claim, to know what you need to do to correct things.

    Did you obtain any advice at all prior to issuing the claim ( did you issue via the beta Moneyclaim online service through gov.uk ?)

    How much is the claim for ? ( what court fee did you pay?)

    These are the practise directions and CPRs referred to... although there have been some changes on 1st October which I haven't yet had chance to look into... when did you issue the claim ?

    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
    Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps


    • #3
      Ok, so they passed the incorrect information on to social services, social services have moved my partner and new born son (born 10th September) 50 miles away, we are both devastated. They took them away the day he was born. Iívee not seen them since. I only want them to admit there mistake, to get my partner and son home. I payed £410 costs. Can I get any of this money back? I used money claim online beta.


      • #4
        Okay. £410 is for Greater than £5,000 but no more than £10,000. You might have written something in your particulars of claim that indicates damages not limited to £10k... would probably need to see the particulars, but I'm not sure a claim of defamation is the right way to be dealing with this.

        Were Social Services involved throughout your ex's pregnancy ? and were you involved and have any input into the decision making process ? Has anything been through the courts ?

        Are you actually suing Social Services ? someone like CAFCASS ? If not who, and why are they involved?
        Did you dispute the documents naming you at the time you received them, if so how, and in what context ?

        If they moved immediately following the birth I assume you aren't on the birth certificate (if registration has taken place as yet) ? You could take some advice (from a Family law specialist) to look at applying to the courts to be added/included on the birth certificate, for parental responsibility and for contact.

        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps


        • #5
          Thanks You AMETHYST, for even reading, it helps a lot in this impossible time of my life...

          Firstly, she not an ex, we love each other very much.
          yes, social services has been involved in her past, long time ago. I only found that out since this started. I have never had dealings with these evil people.
          The people I was claiming against, are a domestic violence rehab. My partner has worked with these too, many years ago. We have tried to explain to SS that the information they have is not about me. They say they have to act in the information they have. Domestic Violence Services (DVS), as I have said, will not leaise with me.
          My partner has signed a working agreement with SS, I will not on principle. They not very nice or fair people to deal with. They have stolen my partner and new son, and I canít do anything about it.
          Ironicaly, as part of the agreement they want me to sign is to do a domestic violence course with DVS, 2 evenings a week, 4 hours and evening, for 6 months.
          I will not have anything to do with SS.



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