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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
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A friend Val and I work Bereavement Care as volunteers. A

Resolved Question:

A friend Val and I work for Cruse Bereavement Care as volunteers. A friend of mine and Val's partner Sue, also a Cruse volunteer, died at the end of April. Three days later Sue's daughter Kerrie evicted Val from Sue's house where she had been living for the past 16 months. Kerrie has now written to Cruse with a complaint against us. Cruse investigated and wrote back that there was no case to be answered. Kerrie was not satisfied and Cruse are having to delve deeper. Cruse are refusing to let us have sight of the letter and accusation as Kerrie has stated we are not to - I presume because it contains a threat involving defamation of Cruse if we are allowed access to it. Do we have a legal right to see it and how much would it cost to get a solicitor to write demanding access to it?
Many thanks
Jane
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
My phone is 01295 688364 if easier than e-mailing
Expert:  F E Smith replied 6 months ago.

I see you have requested a telephone call. I need some more information before I can submit a Premium Services Proposal (there is an extra cost for telephone call).

I need to know what exactly the problem is here what you want to achieve?

As there is only a letter of complaint at the moment and no legal proceedings and sewing, what would you propose to do with the letter?

If this were to go to court, do you have the financial wherewithal to fund any legal proceedings?

Customer: replied 6 months ago.
Hi
Thanks for your reply. I apologise for the late reply but I have been out all day. Apparently the letter is 5 pages long slating both Val and me. We would like to see what has been written about us and then, if it is very bad, go for defamation of character with a no win no fee solicitor. We understand we would be liable for their costs if we did not win and would obviously need to know roughly what they would be. We feel that a warning letter to Kerrie threatening this action if she continues might stop her going further. Val has been left a cottage in Sue's will (one of many rented cottages both on the farm and in the nearby village) and though we have been assured that Kerrie will not be able to contest this we think she will try. Maybe if we nip her actions at this stage, she will realise the futility of further malicious action.
Please phone if this does not give you enough info. I will be in most of the morning tomorrow and this evening.
Jane
Expert:  F E Smith replied 6 months ago.

Thank you. You have very little chance of getting a solicitor to deal with defamation claim on a no win no fee basis. So you would have to pay your own solicitor and if you lost of course pay the other side solicitors costs. There are solicitors costs could easily be £10,000 each for a fully defended accident.

A strongly worded warning letter however would be an excellent idea and is of course risk-free.

If this is part of a campaign, they are doing a lot of it, you can apply to court for an injunction to make it stop and of course complain to the police and ask them to were the culprits under the provisions of the Protection from Harassment Act.

Kerrie can only contest will if she has been left very little in it and Val has been left the lion’s share, or if she can prove that Sue was under some kind of undue influence from Val, her judgement was mentally impaired so that he didn’t know what he was doing. Those claims are not easy or cheap to bring.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid. If you don’t rate my service, I don’t get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 6 months ago.
Thanks so much for your reply which answers many of our questions. But how do we get sight of the letter Kerrie sent to Cruse head quarters? Can a solicitor get that for us so that we can then get a warning letter sent to Kerrie?
Expert:  F E Smith replied 6 months ago.

If they simply will not give you the letter, and you are really considering the defamation claim, (which you don’t have to go through with I might add) you can make an application to court for pre-action disclosure to make them give you the letter. Your solicitor can make the appropriate threat.

Customer: replied 6 months ago.
That is very helpful. Is this pre action disclosure letter something that you could do?
Expert:  F E Smith replied 6 months ago.

It’s not something that I could take on for your present. To be honest, you would be better using a local firm where contact is going to be easier for you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
OK. Many thanks. We will give you an excellent rating. Jane

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