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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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Hi, In December last year I received an email from my married

Resolved Question:

Hi, In December last year I received an email from my married lover threatening me with Solicitors and court action and copy/pasting the Hate Mail and the Malicious Communications Act 1988 to the email. I checked this Act on the Internet and found he had worded most of it himself to make it look good and threatening. I was supposed to have a sent a letter to SOMEONE which had made them feel very anxious, distressed, frightened and very scared. I've sent him a barrage of texts requesting that he tell me what it is all about as I know nothing about any letter. It is affecting my health as I object to being accused of something I didn't do. I wondered if anyone could advise me so I can clear my name, find out what the letter contains and get an apology for his wrong accusations
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Since it was an email from him then it will be worded himself. That does not invalidate it.
There isn't an offence of hate mail but there is an offence under the Malicious Communications Act 1988.
This email is no more than a warning before action which he is entitled to send. It might very well be that the action he threatens has no basis but that doesn't mean such correspondence cannot be sent.
I would stop texting him if he is not responding. That is harassment in itself and he could always report that to the police.
If he does issue against you then defend the action on the basis that you were not responsible for any such letter. It will be for him to establish that you were.
Feeling anxious, distressed etc is not the test anyway. He has to prove that the sender knows the contents to be untrue or that they were obscene etc.
There is no way of forcing him to apologise if he refuses or getting access to the letter unless he sues.
If you had posted earlier I would have suggested responding to the email denying the allegations but its probably not a good idea now if you have been sending a large number of texts.
Can I clarify anything for you?
Customer: replied 2 years ago.

Dear Jo,

I did email him in my defence 2 days after he sent the threatening email. There's also been LOADS of texts I have sent since telling him I am innocent and asking what it is I am supposed to have sent and to who.

Surely I have a right to know what I have done wrong???

Basically you are saying there is absolutely nothing I can do???

Expert:  Jo C. replied 2 years ago.
The loads of texts are the problem. That is potentially harassment. He might well have sent the whole thing with the intention of provoking that. Just do nothing else.
The fact of sending a letter before action is not actionable per se even if it does allege something that would not be proven in court.
Customer: replied 2 years ago.

Thank you for your help

Just very disappointed that I can do nothing about this, therefore he wins and gets away with falsely accusing me of something

Expert:  Jo C. replied 2 years ago.
If he made the claim to others there might be an argument but a letter to you alone is not sufficient
Just don't have any more contact with him. You have denied the allegation which is sufficient.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
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