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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a man harassing me.

Resolved Question:

I have a man harassing me. Has been since 2012. He was arrested in Aril and giving a harassment warning notice. I spoke to a barrister about it a month or so ago. We sent a cease and desist letter via a solicitor. The man just sent a serious of ranting letters to the solicitor. I can't afford to pay someone to read his rubbish. Police have said they will speak to him again as soon as they can. I believe that civil harassment proceedings are necessary as he simply will not stop. I used to do such proceedings before the harassment Act came into force but do not know the bits for it now. Can you tell me which form I use please to file a claim. Can you advise me of the basic format required please? I a disabled and need to retain the proceedings in my local court. Do I file in his local court and file an application to transfer at the same time? Or do I file locally with an application that the case be retained here? I do not know this man, have no connection with him, the solicitor that sent the letter (as a favour to the barrister) described him as  worrying  after getting his replies. The barrister will draft the proceedings but is away on a big case and not available for some time. I can draft them but I do need help with those basic points. I have access to Lexis, Westlaw etc but it does not include draft proceedings. Help, please.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

This issues proceedings in the County Court.

Alex Watts :

You can do this locally.

Alex Watts :

The Judge will consider whether to make an injunction

Alex Watts :

If the Judge does then the application AND statement must be served on the person harassing together with a copy of the injunction

Alex Watts :

There will be a return date where a Judge will decide whether the Order should continue or if it is contested

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

That is for an ex parte. I don't know if I can get an ex parte given that it is not a relative and that he does not live near me.

I need to do it on notice.

I need an outline of what the format is please.

Alex Watts :

This can be on notice too

Alex Watts :

You need the same forms

Alex Watts :

You simply ask the Court to list it

Alex Watts :

Then you send the documents to the other side

Alex Watts :

Same procedure save for the initial order ex-parte

Alex Watts :

The Court will consider the matter and decide whether to make an interim (if contested) or final order

Alex Watts :

Can I clarify anything else?

Customer:

Yes I know that. I know how the system works, I just haven't done a harassment injunction. I am a retired lawyer. Thank you for form numbers.

I need to know the format it takes. There is a set wording to use. At least there was when it was DVMPAs and civil injunctions. I cannot find that format. That is what I need to do it correctly.

Alex Watts :

Ok - you would just say xxxx is forbidden from contacting directly or indirectly (your name)

Alex Watts :

That is it

Alex Watts :

That stops him contacting you

Alex Watts :

directly or indirectly

Alex Watts :

Keep it simple so everyone understands

Alex Watts :

Does that clarify?

Customer:

Not really but never mind.

draft order reads:

whether by himself or by instructing or encouraging any other person refrain from.....etc

What I need is the requirements for the initial application.

Don't worry. I'll sort it out myself if you don't know

Alex Watts :

Now I do not understand

Alex Watts :

You want to know the wording of the order or the documents required for the application?

Customer:

The wording needed on the initial application form. There is a set requirement I'm told.

I believe that I need to state the act under which I am asking for an order and I need to submit certain other things. That is what I do not know.

Don't worry.

Alex Watts :

Ok -

Alex Watts :

By an application pending in proceedings

Alex Watts :

The Claimant - your name

Alex Watts :

Applies to the Court that the Defendant (his name)

Alex Watts :

Must - leave those bits blank

Alex Watts :

The Defendant - insert his name here

Alex Watts :

is forbidden

Alex Watts :

contacting directly or indirectly (your name) pursuant to Section 2 protection from harassment act 1997

Alex Watts :

And that the Defendant do pay the costs of this application

Alex Watts :

This application is to be served upon (Defendant name and address)

Alex Watts :

This appliction is filed by (you)

Alex Watts :

Your address for service is: xxxxx

Alex Watts :

The grounds of evidence are set out of: your name and date of statement

Alex Watts :

That is it

Alex Watts :

Can I clarify anything else?

Customer:

Thank you.

Alex Watts :

Is there anything else you need from me please?

Alex Watts :

If not, might I invite you to rate my answer.

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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