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Ask Max Lowry Your Own Question
Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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10 months ago I incorperated mechanical repairs to my crash

Customer Question

10 months ago I incorperated mechanical repairs to my crash repair business. From the onset I suffered verbal abuse threats of violence and abuse to my customers from the garage next door. It is always done indirectly in a way that I, my customers or employees can over hear whats being said. It was suggested that I keep a diery, but to be honest this harrassment continues every day without a break. What can I do?
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Are you a limited company or trading as an individual?

Customer:

Trading as an idividual

Max Lowry :

Okay. And they're doing it to discourage customers to your business?

Customer:

To dicourage and to intimidate and provoke.

Max Lowry :

Okay. Sounds like it might be to cause you, as your business, harassment?

Max Lowry :

The botXXXXX XXXXXne with this is that if this is designed to cause you harassment, as it sounds like, then it is actionable by you and/or the police.

Customer:

Yes, the Idea is to cause such a situation as to bring about a confruntation. The landlord clearly states the agressor in any confruntation will be evicted.

Max Lowry :

Causing harassment is now a criminal offence, and the police could become involved. Further, it might also constitute other criminal offences under public order legislation.

Max Lowry :

Okay.

Max Lowry :

You could also consider civil action in the courts. Ideally, though, this is best resolved through the landlord, although clearly you cannot force him to act.

Customer:

So what is my first legal step to put an end to this harrassment

Max Lowry :

He obviously just wants an easy life.

Max Lowry :

I would say the best thing for you to do is to speak to the landlord, tell him that you don't want to be the aggressor, but that you have to take action and you're prepared to go legal to do that.

Customer:

The landlord will not get involved untill there is a confrontation

Max Lowry :

Suggest you will bring a claim against the neighbour - see how that sits with the landlord.

Customer:

He will agree but still not get involved. What legal procedure will I need to use?

Max Lowry :

Then, have a solicitor write to the neighbour suggesting action will be taken. Yes, it'll cost you about £100 plus VAT to have the letter written, but if it resolves this, it should be worth it.

Max Lowry :

After that - you would need to issue proceedings in the county court to do this the civil route. But, before you do that, I would suggest seeing whether the police would become involved, as it costs nothing to use them.

Customer:

Ok thanks, XXXXX XXXXX presume the solicitor will take action if this is ignored

Max Lowry :

Yes, that's right.

Max Lowry :

And they could then introduce claims for other things too if appropriate, such as loss of business caused by the neighbours behaviour.

Customer:

You know not relly looking for financial gain from this...just for the neighbours to stop

Max Lowry :

That's fine - then an injunction is what you would need to ask the Court for, but you're right, your solicitor would guide you through the process.

Customer:

Thanks

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