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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been getting harassment email, goods and letters. The

Resolved Question:

I have been getting harassment email, goods and letters. The police have interviewed my sister and her husband. Although we have a little proof, the police have just issued warnings to the couple. I would like to take this to court as the police have said thee have not got the finances to see it through. Is there a no win no fee solicitor for this kind of crime, as this is not the first time we have suffered this with this couple?. A lot of the firms involved have sent us copies of the application forms filled in. One firm has a tape recording of a male ordering goods in my husbands name, but they will not release this unless it goes to court.

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Are you saying your sister and husband are fraudulently using your identity to buy goods?
Kind regards
AJ
Customer: replied 2 years ago.

Alex, not as such. It is a case of them opening accounts in our names and address for harassment purpose.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Has this caused you a financial loss?
Kind regards
AJ
Customer: replied 2 years ago.

Alex, yes. In terms of having to install a security camera, security lights on police advice. Telephone charges in contacting companies to explain it is not us on the forms. Some of these have been premium rate lines.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Ultimately if the police are refusing to investigate the crime you have the following options:
1. You could pursue a private prosecution - this however would be very expensive and would not guarantee success;
2. Continue to keep a diary of the incidents - as they become more extreme and frequent the police may be more inclined to investigate them.
3. You seek and injunction in a civil court against them to stop them from stealing your identity.
Can you give me anymore back ground into why they keep doing this?
Kind regards
AJ
Customer: replied 2 years ago.

There has always been bad feeling between my sister and our selves. She has had bad feelings towards my other sister and brother. In 2009 I had to employ a solicitor to write to her to warn her against harassment and physical violence towards me. This particular episode has started because our father has developed dementia. My sister has taken him to live with her. She refuses to allow any of us other children to see him. In December of 2013, I contacted our local social services for help but they refused. The situation came to a head in July 2014 when social services had to become involved. My sister was payed a visit by social services which she resented. This resentment manifested itself by her telephoning my other sister and threatening to ' visit ' my brother. She has obtained LPA over our dad in April 2014 and we found that our dad lodged new documents with his will holder the same month.

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
So are just seeking to stop her from filling out anymore forms in your name and using your identity?
If you are worried your father is being inappropriately influenced, that is separate issue. How did she obtain the LPA?
Kind regards
AJ
Customer: replied 2 years ago.

Alex. She did this without the knowledge of other members of the family. She filed in the relevant forms. Office of the public guardian will not divulge who signed off the document stating our dads capacity.

After she was visited by the police who made it known to her that in their opinion she was the perpetrater the harassment stopped. We feel it is only a matter of time before it starts again. We want her prosecuted.

Customer: replied 2 years ago.
Relist: Other.
Not received an answer to my last question.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
I see the other expert, also called Alex has opted out.
What else do you want to know?
Customer: replied 2 years ago.

We have some evidence. We have forms returned to us from companies that have been submitted in our name. Block print. She has made two Freudian slips. On one she has given her own date of birth, not mine. Another she has given her own postal code, not mine. Another company has an order placed by telephone on tape and their fraud department will evidence this to a court. Given that we can identify the voice, what chance do we have of a private prosecution being successful should the police be reluctant to do so?

Expert:  Ash replied 2 years ago.
Ok so you want an injunction for harassment, or to stop it?
You need to get a solicitor to write and warn them to stop or say you will take the matter to court. That may resolve matters and indeed may bring the whole thing to a close.
If not then you will need to issue proceedings. You can do this using form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And you also need to complete form N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter for hearing and see whether the matter is defended. If not then the judge can make a final injunction. If the matter is defended the court will set the matter down for a hearing and decide whether an interim order is needed.
The court can order they stop all contact with you, direct or indirect and to close these companies down registered in your name.
You will probably need a Solciitor to represent you at trial but these costs could be recovered if you win.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Excellent last answer. just the kind of information we were looking for.

Expert:  Ash replied 2 years ago.
Great. If I could ask you to rate my answer before you to please so that I am credited for my time.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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