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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Morning!Questions about an injunction. I have the N16A.

Customer Question

Good Morning!
Questions about an injunction. I have the N16A. There are two defendants. My injunction relates to online, phone and text message harassment.
1.
Do I tick the box for BY APPLICATION IN PENDING PROCEEDINGS? (I will be making a civil claim for exemplary damages next week but was not sure if this is what they are referring to)
2.
What do do I put under STATUTORY PROVISION? Do I need to name the ACT and its sub section that provides for anti harassment? What do I put here?
3.Do I tick the box for THIS PART IS MADE UNDER PART 8 OF THE CIVIL PROCEDURE RULES
4.
Do I need to complete two injunctions, one for mandatory injunction and one for a prohibitive against the same person or can I request both injunctions on one form. I require mandatory and prohibitive for each defendant.
I have no sworn affidavits or signed witness statements. I understand I must submit a statement/timeline of sorts outlining the harassment.
5.
For Defendant 1: Can I submit a Pre Action Letter? Can I submit an email my solicitor sent to the defendant outlining that the defendant intended to continue his actions?
For Defendant 2: No affidavits or witness statements other than conversations and postings supporting the harassment. This is evidence, I know, but it is all I have. Can I submit this?
6.
What do I put for THIS APPLICATION IS LED BY? My name and address? I am not using a solicitor for this so communication will be directly with me.
Thanks!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
1.
Do I tick the box for BY APPLICATION IN PENDING PROCEEDINGS? (I will be making a civil claim for exemplary damages next week but was not sure if this is what they are referring to)
Yes it is pending.
2.
What do do I put under STATUTORY PROVISION? Do I need to name the ACT and its sub section that provides for anti harassment? What do I put here?
Protection from Harassment Act - yes
3.Do I tick the box for THIS PART IS MADE UNDER PART 8 OF THE CIVIL PROCEDURE RULES
Yes.
4.
Do I need to complete two injunctions, one for mandatory injunction and one for a prohibitive against the same person or can I request both injunctions on one form. I require mandatory and prohibitive for each defendant.
No, you can word it in the same one. That D be prevented doing x,y,z and that D is required to do x,y,z
I have no sworn affidavits or signed witness statements. I understand I must submit a statement/timeline of sorts outlining the harassment.
Yes you MUST.
5.
For Defendant 1: Can I submit a Pre Action Letter? Can I submit an email my solicitor sent to the defendant outlining that the defendant intended to continue his actions?
Yes that is fine.
For Defendant 2: No affidavits or witness statements other than conversations and postings supporting the harassment. This is evidence, I know, but it is all I have. Can I submit this?
Only in a statement or affidavit.
6.
What do I put for THIS APPLICATION IS LED BY? My name and address? I am not using a solicitor for this so communication will be directly with me.
Yes it is you.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello ALex, thank you! I'm new to this and not quite sure how this works. If I accept the telephone offer do I pay an additional £36.00?I think you answered the questions very effectively but I just want to confirm that a statement/timeline, pre action letter, solicitor email, and statement with evidence will suffice rather than sworn affidavits and signed witness statements. You said MUST but in reference to the affidavits? or in reference to submitting a statement/timeline? I have no possibility to get a sworn affidavit or signed witness statements as the people who know are either on FB or friends that are afraid of retaliation from the defendants. People have already been harassed and retaliated against by these two. I have now a case of Omerta - silence.Many thanks!
Expert:  Ash replied 2 years ago.
Yes if you want a telephone call then there is an additional fee.
You MUST have a witness statement supporting your application, even if you exhibit those documents. You must have a statement. You can ONLY adduce any evidence in a statement with documents exhibited.
Does that help?
Alex
Customer: replied 2 years ago.
what can I do with no witness statement then? Nothing? Can I write an explanation as to why there is no witness statement for the judge? Can the conversations not function as a type of witness statement?
Customer: replied 2 years ago.
I have so much evidence but no witness statement.
Expert:  Ash replied 2 years ago.
You should do a statement now, but if you have already submitted it then you can file a statement late. The conversations are evidence but you must exhibit them to a statement.
You are asking the Court to make an order which if someone breaks they will go to prison. You must do this right.
Does that help?
Alex
Customer: replied 2 years ago.
Hi Alex, I have not filed the documents yet. Yes I have written my own statements, one for each defendant. I just do not have a statement from a third party.If my personal statement is sufficient, then I will proceed.Thanks!
Expert:  Ash replied 2 years ago.
Personal statement is fine.
I hope that helps.
Alex
Customer: replied 2 years ago.
Thank you so much!have a great day.I'll need help again with the exemplary damages claim.
Customer: replied 2 years ago.
Alex, I was happy with you but not with the customer service. I questioned a renewal date only to find that I was about to be charged another £38.00. I paid £38.00 for a membership. The company has canceled the membership and told me that they cannot retroactivate the 7 day free trial and I will now have to pay again to ask another question. Customer service gave me some convoluted explanation and did not answer most of my questions. My last 3 emails have gone unanswered. They either have to honour the membership that I paid for initially or the 7 day free trial - which is in effect until Friday - or refund me my money. I think this is not the best for people like you. I suppose if they refund me the money, they have to pay you themselves. I was going to use you again for the second step of my claim but I am not paying again..