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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being threatened with action over a false allegation of

Resolved Question:

I am being threatened with action over a false allegation of harassment by an embittered
ex girlfriend. Should I immediately deny it or issue no reply. I am very concerned as the girl is very spiteful. Initially when I finished with her it was amicable and we had agreed to keep in touch, in the period in question I called on her once as was habit and was warmly welcomed into her home and we chatted amicably for around an hour. When I left I checked that it would be ok to phone occasionally she readily agreed. Following the sending of a new year best wishes card out of the blue I received a letter saying she had spoken to police and said they had agreed to prosecute for harassment. I am very concerned as she is rather unstable and might allege anything. Advice please
Phillip Checketts
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Phillip my name is ***** ***** I will help you with this.
Alex Watts : Have the police given you an office warning at this stage please?
Customer:

Police have not given any warning, I have had no communication from them

Alex Watts : Ok, in that case I would not worry.
Alex Watts : I would make sure you stop all contact.
Customer:

The accuser claims to have spoken with police and been advised "they would be prepared to treat it as a case of harassment if she wished"

Alex Watts : The police would usually warm someome first before taking any formal action in the form of a harassment notice.
Alex Watts : Only if this notice is breached would they prosecute.
Alex Watts : So I would stop all contact no matter how tempting and that would be the end of the matter
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

My question was should I issue an immediate denial. And can I take any action against this spiteful threat

Alex Watts : No.
Alex Watts : Make no contact
Alex Watts : If the Police see you that is a different matter. But harassment is pursuing a course of conduct which is likely to be harassment. This only needs to be two instances, so two texts could be harassment
Alex Watts : But don't reply. Make no further contact to avoid causing any issue for yourself.
Alex Watts : Does that help?
Customer:

Final clarification - does any contact have to be threatening or offensive, mine have all been kind and caring and with her agreement - until now. It seems very unjust that a threat based on false hood cannot be defended and very scary that just 2 emails could constitute harassment this is quite shocking. Thank you

Alex Watts : No, it can just be contact, the courts have even held silence to be harassment
Alex Watts : I agree it's unfair, but just stop contact. Prevent any hassle.
Alex Watts : Does that help?
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