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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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An expartner of mine has been sending abusive emails to my

Customer Question

an expartner of mine has been sending abusive emails to my brother in law about myself and my sister who has been extremely upset. I informed the woman concerned to say that all contact must cease but she is still doing it. She has now informed the police
here and in Spain that I am harassing her which is not the case and is telling everyone that I am a psycopath can I take her to court for libel over the emails and slander for her remarks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Does she have any money?
Customer: replied 2 years ago.
yes owns two properties one in uk the other in Spain and savings as well but not sure of the amount
Customer: replied 2 years ago.
she rents her property out in uk which is still mortgaged but paid cash for the villa in Spain
Expert:  Jo C. replied 2 years ago.
Have you been contacting her more than once?
Customer: replied 2 years ago.
twice once to arrange the delivery of my posessions which she was arranging to send back to the uk and for which I paid £100 which was delivered to my sister in Sussex minus my television set, my blue ray player which was a parting gift from my son prior to his emigrating to australia and a lounger which was also mine. The second time was to tell her it was finished and not to contact either my solicitor or my sister
Customer: replied 2 years ago.
she told my sister she was keeping the tv set as it was broken it was a small crack on the stand which I repaired and that she was keeping it because it was insured and that me and my wife were working a scam to claim on the insurance, it was pure fiction as I hadnt insured it and she refused to put it as one of her possessions on the insurance when her things were shipped out to spain
Expert:  Jo C. replied 2 years ago.
What has she said to the police about the nature of the harassment?
Customer: replied 2 years ago.
my wife and I are now reconciled and want to visit Spain for a holiday and are now worried that she may cause us to have to choose another country instead of visiting our friends ..
Expert:  Jo C. replied 2 years ago.
Yes, of course.
So what has she said about the nature of the harassment and what is not true about it?
Customer: replied 2 years ago.
she has contacted my solicitor to see if he would do an harassment order on me stupid woman should have realised it was a conflict of interest but she was expecting me to pay for it
I can contact my solicitor tomorrow to find out the details and get back to you
I do know that she contacted the local police here but they told her that because I work in Norfolk that perhaps they would be a better bet but apparently they told her that because she lives in Spain she would have to contact them. She then contacted my brother in law to say that she had done just that the woman is a liar and will stop at nothing to break me. I have a responsible job working on Tornado aircraft for the RAF and was going to report me to the military police so had the worry of that not that I had anything to hide but they take women reporting it very seriously and she lies so credibly as I have found out to my cost
Expert:  Jo C. replied 2 years ago.
Yes, I understand.
We need to get to the bottom of what her specific statement is?
And in what way is that untrue?
There are actions available but we need to ascertain what she has said first to decipher the options.
At the very least I would imagine a letter before action would be possible though.
Customer: replied 2 years ago.
sorry for the delay I am trying to contact the local police
Expert:  Jo C. replied 2 years ago.
No urgency. Whenever you can.
Customer: replied 2 years ago.
no joy there they have told me that I need to have a solicitor to request what she said because of the data protection act
Expert:  Jo C. replied 2 years ago.
Yes, they probably won't tell him either.
What do the police want you to do?
Customer: replied 2 years ago.
they couldnt help but referred me to go to a solicitor so not a lot of help I could ring the solicitor who was handling my divorce to find out more if you think I have a case on the brief outline I have given you how much would you estimate the cost to be
Customer: replied 2 years ago.
I currently have £10,000 in premium bonds and wonder if this will be enough to stop this woman telling lies about me and engineering a character assisination against myself and also my family
Expert:  Jo C. replied 2 years ago.
It depends what you want to do.
To be wholly honest, I wouldn't suggest a defamation action. It is very expensive to do and doesn't really achieve much. Even if you get an injunction not to repeat a specific falsehood the professional victim will just graduate on to asserting another. It is very easy to get around these injunctions.
You can always get a solicitor to write to her warning her of the laws of defamation. That is just over £100 usually. A barrister under public access is cheaper but not all barristers are public access registered. Either way, that often does achieve the result you desire which is that she stops doing it or, more likely, she stops doing it to you and starts upon somebody else who is mad enough to get involved with her.
If that does fail then an action in harassment is much better. There does need to be a large number of allegations and at least some of them have to be either untrue or so trivial that no reasonable person would think them worthy of a report. It is much cheaper to do that. Even if you use a solicitor it is in the region of a thousand or thereabouts. Also, you can get injunctions not to make allegations generally about you. There are usually restrictions upon that injunction but it is much better than those available in defamation. A very common order is not to call the police save for a genuine emergency. That still often fails because the fundamental problem is that they lack the judgement that it takes to see the difference beween a genuine emergency and mild annoyance but at least you have the order.
You will find a very interesting article upon this action here
http://www.1itl.com/news/270/
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
running short of time at the moment but will look at the link when I have some time free, will get back to you if I need to clarify with you and thank you so much for the time and effort you have put in you have been brilliant and put my mind to rest
Expert:  Jo C. replied 2 years ago.


No problem and all the best.

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