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Defamation / Libal / Slander Claim By bully and solicitor friend advise needed below

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  • Defamation / Libal / Slander Claim By bully and solicitor friend advise needed below

    Hey, i recently sent an email, Using the Word "without prejudice" in a cease and desist email, now had a letter off a solicitor that he going to sue me for defamation in court. I made a claim on his public liability insurance for £12,000 as he and his staff used sand blasting and ruined disabled adapted vehicle, he has bullied me ever since too drop the claim..


    I been harassed by the person and nearly assaulted (phone of call logs calling me), footage of him shouting I'm going ****ing kill





    Dear Mr P,


    Since your involvement it seems very coincidental that Mr ********* now knows my whereabouts.


    CC CEASE & DESIST TO YOUR CLIENT MR J *****, of*******************.


    self explanatory:-




    J ************
    10 ***********
    ***************
    CF************


    Without Prejudice


    Saturday 11th June 2016


    RE: Cease and desist from stalking harassing


    Dear Mr. *************,


    This CEASE AND DESIST ORDER is to inform you that your persistent actions including but not limited to stalking and starring outside my house yesterday afternoon whilst my partner was cleaning her vehicle and again today 3.30pm, on further two occasions which have been documented, these events caught on CCTV and witnessed have become unbearable. You are ORDERED TO STOP such activities immediately as they are being done in violation of the law, evidence being passed to Police.


    I have the right to remain free from these activities as they constitute harassment and stalking, and I will pursue any legal remedies available to me against you if these activities continue, to include but are not limited to: contacting law enforcement to obtain criminal sanctions against you, and suing you civilly for damages I have incurred as a result of your actions.


    Again, you must IMMEDIATELY STOP your stalking and that you will stop such activities. You risk incurring some very severe legal consequences if you fail to comply with this demand I have already made a formal harassment complaint logged with Police.


    This letter acts as your final warning to discontinue this unwanted conduct and other people your involving to shout abuse whilst passing in there vehicles a black Subaru which I believe is your sons vehicle with blacked out windows, before I pursue legal actions against you and your family or any other third parties. At this time, I have contacted the Police, as I don't think we can resolve this matter without authoritative involvement. I am not under any circumstances, however, waiving any legal rights I have presently, or future legal remedies against you by sending you this letter. This order acts as ONE FINAL CHANCE for you to cease your illegal activities before I exercise my rights further.


    To ensure compliance I have asked the Police to talk to you over this harassment and this stalking, and to halt any further legal action I may take against you, I require you to stop this stalking. Failure to do so will act as evidence of your infringement upon my legal rights, and I will immediately seek legal avenues to remedy the situation.


    Sincerely,




    J Phillips




    The get a letter replied back from his friend "a solicitor" who is very rude and threatening response:- all on headed paper etc


    Private and Confidential
    By email to: ##########
    By Email only
    13th June 2016
    Our Ref: ***********************
    Dear Mr.........................
    Our Client***********************
    Allegation of Harassment
    We refer to your email of Saturday 11th June 2016, a copy of which has been passed to us for our attention.
    Our client takes the allegations being made extremely seriously and is alarmed to read the comments therein. We have been instructed to investigate this matter and take any action as is necessary in the circumstances.
    Addressing your email you state:
    "Today at 3.30pm, on further two occasions which have been documented, these events caught on CCTV and witnessed have become unbearable",
    "This letter acts as your final warning to discontinue this unwanted conduct and other people your involving to shout abuse whilst passing in there (sic.) vehicles a black Subaru which I believe is your sons vehicle with blacked out windows, before I pursue legal actions
    against you and your family or any other third parties"
    Kindly let us have copies of the CCTV evidence so that the vehicle in question can be properly identified.
    Your email suggests that you have incontestable evidence of a series of events which affirms beyond doubt that our client has acted in a manner towards you that either invades your privacy or causes you harassment and or distress, resulting in you making a formal complaint to the police. To that end we look forward to sight of your evidence so that we may take our client's further instructions.
    For the avoidance of doubt your allegations against our client are denied and you are put to strict proof in respect of the same. In the event that your allegations are proved to be either unfounded, untrue or wholly misrepresentative of the position then our client reserves the right to bring an action under the Protection from Harrassment Act 1997 on the basis that:

    • Your actions have otherwise caused alarm, harassment or distress on more than one occasion to our client;
    The conduct towards our client has been a combination of verbal and non-verbal communication causing our client to feel alarmed, harassed and distressed by your actions;
    As a result of previous action taken against our client which caused our client a fear of violence, resulting in a report to the police, our client is not prepared to be subject to the same action again. For the avoidance of doubt your conduct has caused a fear of violence and or imminent potential harm.
    We are also aware that you have copied your allegations to other parties, noteably our client's insurers and agents. Our client has a long standing relationship with these people and your allegations, if found to be without substance, will potentially be deemed defamatory and wholly lacking in merit. The same will have a signficiant and detrimental impact upon our client's relationship causing irreparable harm to our client's standing. Our client's position on bringing a claim for defamation and malicious damages remains fully reserved.

    Our client also hereby puts you on notice that:
    I. Any further communications regarding your vehicle and/or its repair are to be sent to our client's insurers;
    2. Under no circumstances are you to communicate with our client, or his family, attend his place of business or home address;
    3. All further communication regarding this specific matter is to be sent to us quoting our reference accordingly.

    This letter is written in the spirit of the overriding objective and with a view to ensuring that the matter is dealt with reasonably and proportionately. To that extent, the spirit of any pre-action protocol applies and we shall be adhering to the same in so far that it is practical to do so.
    With the above in mind, should you bring any proceedings against our client or seek any form of without notice order from the court, before addressing the evidential points raised in our letter, we have instructions to immediately take steps to protect our client's position and bring any fu rther application deemed necessary and appropriate to facilitate the same.
    We will also reserve the right to bring a copy of this letter to the attention of the court on the issue of costs and seek the same on an indemnity basis. You are strongly advised to take legal advice if you have any concerns about the content of this letter.

    We look forward to hearing from you.
    Yours faithfully,


    This letter is threatening and can I complain about the solicitor? is this not professional I'm on benefits too, he has bullied me and because he is a millionaire, he throws his weight around, he friend in this email is a close friend of 11 years as stated to my partner.

    I am scared of this man and now I have deal with this, he hoping I drop the claim against him. so then I can't get my vehicle repaired. im not very intelligent or can defend this claim and he knows it.

    im going to go bankrupt as some point too, some said if he successful and I g bankrupt all his legal costs and awards if awarded would be written off under the bankrupty so he wasting his money and time.

    whats ts his chances of getting warded costs over 1 X email to cease and desist

    Last edited by jphillips25518; 16th June 2016, 14:19:PM. Reason: spelling
    Tags: None

  • #2
    Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

    The conduct towards our client has been a combination of verbal and non-verbal communication causing our client to feel alarmed, harassed and distressed by your actions;
    As a result of previous action taken against our client which caused our client a fear of violence, resulting in a report to the police, our client is not prepared to be subject to the same action again. For the avoidance of doubt your conduct has caused a fear of violence and or imminent potential harm.
    Is this the case ?

    Think we need a little more background to see how you came to this point. You both seem to be claiming harrassment against the other.

    So you had a disability vehicle which 'J' did some work on? in doing the work he sandblasted the vehicle, damaging it - you claimed against his insurance for the damage ? ( did that pay out or is that still in progress ?)

    You have evidence of the harrassment you have received - what have the Police said?


    ( btw Without Prejudice is of no consequence unless it is a genuine offer to negotiate or settle )
    #staysafestayhome

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

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

    Comment


    • #3
      Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

      my vehicle was in for repair in the next unit to his, he decided sandblast and paint outside his commercial unit, wind cause a dust cloud and my vehicle was covered in sand blasting and paint, all that back up by witnesses.

      He has hounded me by phone call logs of 10th may and then started to walk passed my house stop and stare causing me alarm, he wore glasses to try disguise himself, I took pictures and send him that 1 email to cease and desist.

      Further the day after I ask him for insurance details he told me **** off his yard before he kills, video footage of that incident including phone log calls on my mobile.

      i have other ther communications from his friend a solicitor can you read the email from his solicitor

      he just bullying me to drop the damage done to my car, by him and his staff.

      Comment


      • #4
        Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

        my questions are:-

        1.what at are the chances he get a defamation claim against me

        2.police have done nothing

        3. is a defamation claim classed as personal injury claim out interest

        4. if I go bankrupt am I to declare this to the other side as I'm not able to defend and afford a solicitor my email to him was simply to try and stop him bullying me etc.

        Comment


        • #5
          Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

          Okay.

          Have you made the claim to the insurance company already ? or did he refuse to give you the details ?
          Do you have statements from the other witnesses of how the damage was caused ?
          The company that was working on your vehicle, are they backing up your claim ? Do they accept any liability for the damage ?

          You want:

          - Recompense for the damage to your vehicle

          - Him to stop harrassing you.


          So you do need to respond to his solicitor ( we'll help so it's a bit more formal and less confrontational ).

          You have (evidence of harrassment)
          1) Call Logs
          2) Video of him threatening to kill you
          3) Photographs of him walking past your house ?
          #staysafestayhome

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

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

          Comment


          • #6
            Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

            Defamation - no it's not personal injury. Bankruptcy - I'm not entirely sure why that is relevant. You are aiming for a resolution without court.


            We are also aware that you have copied your allegations to other parties, noteably our client's insurers and agents. Our client has a long standing relationship with these people and your allegations, if found to be without substance, will potentially be deemed defamatory and wholly lacking in merit. The same will have a signficiant and detrimental impact upon our client's relationship causing irreparable harm to our client's standing. Our client's position on bringing a claim for defamation and malicious damages remains fully reserved.
            Probably need to see what you did send to the insurers and agents - if it was simply the claim about the damage to the vehicle that's fine, if it was telling them about his behaviour etc then probably not so much.

            Anyway they have given notice
            Our client also hereby puts you on notice that:
            I. Any further communications regarding your vehicle and/or its repair are to be sent to our client's insurers;
            2. Under no circumstances are you to communicate with our client, or his family, attend his place of business or home address;
            3. All further communication regarding this specific matter is to be sent to us quoting our reference accordingly.
            Which all sound completely fair enough.


            Kindly let us have copies of the CCTV evidence so that the vehicle in question can be properly identified.
            Your email suggests that you have incontestable evidence of a series of events which affirms beyond doubt that our client has acted in a manner towards you that either invades your privacy or causes you harassment and or distress, resulting in you making a formal complaint to the police. To that end we look forward to sight of your evidence so that we may take our client's further instructions.
            Basically, they are saying, put up or shut up, but formally. It isn't a threatening letter, it is a strong, formal legal letter, but no, there's no action against the solicitor.
            #staysafestayhome

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

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

            Comment


            • #7
              Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

              he refused to give me the insurance details until he finally gave in, he is a repeated offender of sand blasting outside and panting his own words to me, then after these details I got a claims management firm too claim off his public libility insurance for damage to my vehicle, which was back up by the garage that repaired my car that witnessed it happening an independent witness that also gave a statement, now the vehicle is going to be repaired shortly as its a solid case against him that he will find hard to defend.

              Since then (10th may), I have received calls of withheld numbers calling me, then I get. person that looks like him going passed my house and starring too cause alarm and distress, which I photos of him. he Denys that this him as it looks like him in every way.

              So so I send him a letter email asking him to cease desist (only communication I've ever sent him, now he solicitors are claiming defamation claim against me over 1 email.

              So I ask what is his chances of winning or getting an award for this claim over 1 email only. on the other hand I have phone logs of him harassing me from his workplace 5 times on my mobile including him threatening to kill me on 10th may

              (He is just making a claim of defamation against me as my claim has been upheld and wants me to drop it or his way of thinking I will), like I say he is a business owner and millionaire, I'm on benefits and he knows I cannot afford legal advise or assistance

              so if this taken to court his defamation claim against me, he prob win as I couldn't defend it with a legal team as I cannot afford a legal case like this

              As for the bankrupty I was due declare myself bankrupt in the next 4/6 months so if I was to declare being bankrupt if awarded any costs or awarded damages he wouldn't get a penny off me? as the bankruptcy covers these type of legal expenses does it not? further my only assets I have is my disabled vehicle, I have no property, no assets or savings.

              can he prove on 1 X email off me defamation ?

              also will he be wasting his Money if I declare myself bankrupt as he will not get nothing under the bankruptcy claim I make in the near future when I get all creditors I owe money too.
              Last edited by jphillips25518; 16th June 2016, 17:10:PM.

              Comment


              • #8
                Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

                Cc of email refers to the field investigator (his insurance company that appointed to carry out the liability claim of damage done my car, apparently he is unbiased in his report and independent he told me, so I didn't cc his insurance compan directly as he or his solicitor claims, it was a appointed field investigator they appointed to deal my claim and investigate it), cc was above cease n desist letter to him, ( I ask the field investigator if he gave my address out to defend an he replied with a evasive reply), basically he isn't responsible for mr..... alleged actions. basically indicating he had.
                Last edited by jphillips25518; 16th June 2016, 17:12:PM.

                Comment


                • #9
                  Re: Defamation / Libal / Slander Claim By bully and solicitor friend advise needed be

                  see below

                  Comment

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