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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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can I take action to claim against a wrong accusation made

Customer Question

can I take action to claim against a wrong accusation made against me by ny son and his wife.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

What is it you want to achieve please?

Customer: replied 3 years ago.

I wish to receive an apology for having been wrongly accused of having written the above mentioned letter.


Ialso wish for the culprint who did write the letter to be found.

Expert:  Ash replied 3 years ago.
What did the letter say please?

Customer: replied 3 years ago.

The letter was typed(not hand written)


It aid that mr.(my son's name was mentioned} was not competent at his job, and he was sacked from the last firms.


It was stated that he was marrying for money, not love.


 


The letter was addressed and sent to his then Fiance' s parents,2 days prior to the wedding.


 

Expert:  Ash replied 3 years ago.
Is any of it true?

Customer: replied 3 years ago.

Not sure if the letter has actually was written or sent.


My son showed a ?scan of the content of the ietter.His wife did not allow my son to give a copy to my husband.

Expert:  Ash replied 3 years ago.
Ok. What do you want to achieve?

Customer: replied 3 years ago.

Apart from the scanned letter shown to my husband on my son's smart phone.My son referred to the letter as having written by me.


so I have been accused verbally about me having written the letter.He said that "I wanted to stop the marriage and to ruin his career "

Expert:  Ash replied 3 years ago.
What loss if any have you suffered please?

Customer: replied 3 years ago.

I have lost contact with my daughter in law,,some close friends who were my son's best friends,my brother is now estranged from me.I have no contact with my son's inlaws .I am attending Counselling sessions since a year ago.I am very distdessed and my mental and emotional health are suffering. I shall continue receiving therapy on a weekly basis

Expert:  Ash replied 3 years ago.
You can only take action if it is grossly offence or malicious.

The Malicious Communications Act states:

(1)Any person who sends to another person—

(a)a [F1letter, electronic communication or article of any description] which conveys—

(i)a message which is indecent or grossly offensive;

(ii)a threat; or

(iii)information which is false and known or believed to be false by the sender; or

(b)any [F2article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

If this is the case then you should report it to the Police so they can take action.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Alex, I think you misunderstood the issue of the letter.


Please ,let me explain.


 


I DID NOT write the letter which is alledged by my son,that it was sent by myself (His mother) to his Parents in law, 2 days prior to the wedding.


 


I SWEAR that I DID NOT write nor send that letter,or any such material to ANYONE.


 


My son is convinced that I did write and send the letter mentioned above.


He says that the letter is written in my grammatical and language style.


That is the reason he thinks /is sure,that I am the culprint.


 


When I saw my son very briefly,he told me that I was Psychologically or mentally ill. That remark arose when I cried and begged him to let me hold his newborn baby.


He refused to let me see the letter,and his wife refused to let my husband see the letter too.


 


I DO wish to prove that I did not write the letter...BUT I do NOT wish for my son to lose his wife,and son and maybe,his job.


 


Is there a way that the police or a lawyer convince my son and myself to meet and resolve this matter through mediation??


Can a professional expert approach my son and suggest a resolution of some sort.


My son, who is an only child/son now claims that I have hurt him over some long period.


Both my husband and I spent time,efforts, and emotional devotion to make our son happy, stimulated at school and activities for at least 25 years.We supported him in any adventure or career or social path he took or wished to take.he is bright, was always a bright pupil and student. We praised him ,helped when needed and praised him for successses and recognition at work.He was always very close to me and I encouraged him to distance himself gradually as he was to become a responsible adult.

Expert:  Ash replied 3 years ago.
But even it shows you didnt write the letter, what would that achieve?

Customer: replied 3 years ago.

If is proved that I did not write that poison pen letter , my son could believe that I have no malicious feelings against him.He would be proved to to be wrongly accusing me

Expert:  Ash replied 3 years ago.
Ok - sadly there is no case in law here.

It would only apply if there was something that was grossly offensive.

Because it is not then there is no offence. This is a civil dispute between two parties but the law wont get involved. So you can't go to the Police.

Even if you took it to the County Court, all a Judge would do is declare who did and did not write it. But you wouldn't get legal aid for that and a cost of a contested trial with handwriting experts would be about £10,000

Sadly this is not a criminal matter

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

What about blaming me for having written lies which upset my son and caused him to fear damage to his reputation and career.I am suffering anxiety and depression for being blamed unjustly for doing something I did Not do.My name is XXXXX XXXXX am forbidden from seeing my son and new grandson.Someone has written a damming letter causing severe emotional pain and a family rift as a result. My son's career and marriage is threatened and I am being blamed.

Expert:  Ash replied 3 years ago.
If you are after defamation you are looking at a high court action. The cost of this is around £10,000

If you have that to risk then you could issue proceedings.

Alex

Customer: replied 3 years ago.

Thank you for your replies and information.


 


faithfully,Dita lewis

Expert:  Ash replied 3 years ago.
Welcome,

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