Threats to kill

[MPotter]

Hi everyone, I have been initially contacted by a woman, who I shall call Jane Phillips, claiming that I owe her money (specifically £50.00), which isn't true. I have then been contacted by a man who I shall call John Rose, who has demanded the money on her behalf. When I refused to pay him, he threatened me and my immediate family with violence, and said that he would destroy my father's car, and break into our family home. This has caused me no end of stress. On top of that, I am a vulnerable person. I have therefore reported John to the Police. I want him also called off by Jane, and have sent her a letter before action demanding that she call off John. I have made it clear that should she fail to do so, then she could face legal action.

Have I gone about this in the correct manner? Is there anything else that I need to do? Thanks.

I have removed addresses and changed the names. The letter was similar to the following words:

Mr M. Potter
(Address removed)

05/01/2021

Mrs Jane Phillips
(Address removed)

Letter Before Claim

Without prejudice

Dear Mrs Phillips,

I am writing to give you an opportunity to cease behaving in a manner towards myself that I construe as harassment, prior to myself taking legal action against yourself. Specifically, I require you to call off i.e. instruct not to collect a purported debt, a certain person by the name of Mr John Rose, within 24 hours.

The behaviour of Mr Rose has included the following actions: making threats to kill myself and my two parents, as well as to break into my house, stalk me at the college that I attend as a student, to steal and destroy my father’s car, and claimed to have contacted my sister who is currently attending University, and living in student accommodation, and sent me numerous SMS messages and made numerous phone calls to myself despite my express objections. His behaviour has caused me a considerable degree of alarm, and distress.

If you fail to do so then this will result in myself taking legal action against yourself in the County Court. I will bring a claim against yourself for damages. I will also be applying for an injunction to restrict your unlawful actions. Should I succeed in such an action, then it is likely that you would have to pay damages, and court costs.

Yours sincerely,

Mr M. Potter

[MIKE770]

what country are you in? have you evidenced to the police?

[MPotter]

what country are you in? have you evidenced to the police?

I'm in England, and yes I have. However I chose not to make a formal complaint (including a witness statement) against Mrs Phillips. But I am intending to do so against Mr Rose.

[MIKE770]

the be it same as most of us would do?

[MPotter]

the be it same as most of us would do?

Do you mean, "the same thing that most people would do"?

[des8]

Not quite sue what you are looking to do.

Mrs Phillips said you owed her money, which you dispute.
Mr Rose then demanded with threats you repay her.

Do you have proof that she !) asked Mr Rose to collect the alleged debt and 2) incited him to use threats of violence to force you to pay.
Unless you can prove both points I do not see that you have cause for a claim against Mrs Phillips.

You have made a complaint to the police about Mr Rose.
Are they proposing any action?
If not are you considering as private prosecution?

[Aged William]

.. I chose not to press charges...

FYI, it's the CPS who decide whether to charge or not, not the victim (unless it's a private prosecution).

[MPotter]

Not quite sue what you are looking to do.

Mrs Phillips said you owed her money, which you dispute.
Mr Rose then demanded with threats you repay her.

Do you have proof that she !) asked Mr Rose to collect the alleged debt and 2) incited him to use threats of violence to force you to pay.
Unless you can prove both points I do not see that you have cause for a claim against Mrs Phillips.

You have made a complaint to the police about Mr Rose.
Are they proposing any action?
If not are you considering as private prosecution?

I can't prove that Mrs Phillips asked Rose to collect the debt. However Rose did claim that he had been instructed by her, and I accept that I cannot prove point number 2 either. I will add that Mr Rose never turned up at my door, nor did he force me to pay either him or Mrs Phillips as I didn't pay either of them. My point is that Mr Rose harassed me on behalf of Mrs Phillips. This has to stop.

Should she refuse to stop him from harassing me, or at least try to do so, then I will take it that she is wilfully choosing to indirectly harass me via Mr Rose. That would therefore be my cause for a lawsuit. Therefore I have given her a chance before taking her to court. In which case whilst I won't yet have cause for a lawsuit, I feel that I would have cause to write to Mrs Phillips demanding that she call off Rose within 24 hours. Should she fail to do so, then I intend to make a claim against Mrs Phillips. Would I have cause for such a claim? Thanks.

[MPotter]

FYI, it's the CPS who decide whether to charge or not, not the victim (unless it's a private prosecution).

That was a figure of speech, I have edited my post and change this to the correct terms. Thanks for the correct.

[des8]

Should she refuse to stop him from harassing me, or at least try to do so, then I will take it that she is wilfully choosing to indirectly harass me via Mr Rose. That would therefore be my cause for a lawsuit.

You might understand the situation that way, but IMO you will have difficulty proving it.
And what are your heads of claim for your "damages"

[MPotter]

You might understand the situation that way, but IMO you will have difficulty proving it.
And what are your heads of claim for your "damages"

That I was caused fear of violence, and harassed indirectly by Mrs Phillips, as well as directly by Rose. Under the Protection from Harassment Act 1997.

[MIKE770]

factual proof?

[MPotter]

factual proof?

Of the death threats from Rose? Yes I still have the SMS messages. However I cannot prove that Mrs Phillips was ultimately responsible.

[Manxman]

...

The behaviour of Mr Rose has included the following actions: making threats to kill myself and my two parents, as well as to break into my house, stalk me at the college that I attend as a student, to steal and destroy my father’s car, and claimed to have contacted my sister who is currently attending University, and living in student accommodation, and sent me numerous SMS messages and made numerous phone calls to myself despite my express objections. His behaviour has caused me a considerable degree of alarm, and distress.

...

So this gentleman has made the above threats against you and your family, you have reported it to the police, but you have chosen not to make a "formal complaint" or witness statement to them? Instead you would prefer to sue Mrs Phillips for harrassment?

I find it hard to believe that if you presented credible evidence of murder threats to the police, that they would not pursue it themselves - irrespective of your wishes. The police may find it hard to believe too...

All this over £50? I'm not sure how a college student would get into such a predicament. I don't suppose you would wish to elaborate? And why not allow the police to follow it up? What was the point of reporting it to them in the first place?

[MPotter]

So this gentleman has made the above threats against you and your family, you have reported it to the police, but you have chosen not to make a "formal complaint" or witness statement to them? Instead you would prefer to sue Mrs Phillips for harrassment?

I find it hard to believe that if you presented credible evidence of murder threats to the police, that they would not pursue it themselves - irrespective of your wishes. The police may find it hard to believe too...

All this over £50? I'm not sure how a college student would get into such a predicament. I don't suppose you would wish to elaborate? And why not allow the police to follow it up? What was the point of reporting it to them in the first place?

Yes I would like to elaborate. John Rose purportedly works for a care firm, which I shall not be naming on a public forum, and what it is is that I was naive enough to lend her son John Phillips a large quantity of money. This lead to him deciding to pass this to a carer to pass to me. Instead of that happening I ended up being sent on multiple wild goose chases cross country, scammed out of loads of money that the "firm" never intended on paying back, and so I decided to refuse to pay any more made up so called "fees". I therefore stood my ground with the strong support of my immediate family, and this is what I get. Nothing but trouble.

I then as suggested contacted Norfolk Police. They explained that they were happy to deal with it if I were willing to cooperate. At the time I didn't, but as this has caused me a lot of distress and sleepless nights, as well as nightmares, I am now considering pursuing this matter. However they have then made it clear that I cannot do this unless I also report John Phillips for encouraging me not to "be a grass" and take it further as they see this as intimidation of a witness, despite the fact that I do not wish to do so.