Thank you for your question - can you explain the details of what has gone on please?
Are you able to attach the letter please? Thanks
I’m not familiar with HIN, do you mean a harassment warning notice?
If so, it is of no legal effect itself other to warn a person that it whatever conduct there is carries on, they will be prosecuted without further notice.
At this stage, I think you’ve got a bigger complaint about the perpetrator for harassment than he has against you.
Incidentally, when you’re partner posted the notice on Facebook what was he/she hoping to achieve?
If it was your partner that posted the comments, why has your life been made a living hell and why have you not previously applied to court for an injunction or complain to the police about his conduct rather than having him do it the other way round?
As soon as you let me have the solicitors letter scanning, I will be able to go a little further with this. We can then formulate a reply to the solicitors.
Meanwhile, please confirm that the post has been removed.
My advice to you would be to remove the statement and to tell the solicitors that you have done so.
You can issue a failed apology (not a public one, purely to the solicitor) saying you’re sorry he is offended.
Sometimes, extremely brief replies
It would be brief words along the lines of “thank you for your letter of the 5th of June, the contents of which are noted.
I confirm that I have removed the statement and I formally apologise if you’re client has been offended thereby.
As far as I’m concerned this now closes the matter.
It depends whether you want to risk going to court. I appreciate you stand by everything that you have said but there is never a guaranteed outcome in court and both parties go to court having been told by their solicitors they have a good chance of success but nonetheless one of them loses.
It also depends on how much money he has to take the matter to court although if he wins and proves his case, he could get those costs awarded against you and vice versa if you win. That could easily run into tens of thousands of pounds in legal costs alone and probably several times that in damages improve defamation.
Alternatively, you can reply to each of the points you make (I have not scoured your documentation in detail because that would take a couple of hours to formulate a complete reply.
I would be happy to look at any letter that you want to send but if you do want to uphold what you say and stand by it, you need to be prepared to go to court and pay the costs if you lose.
If you are going down that line, you need to reply to each point they make and admitting or denying what was said putting them to strict proof of anything which they allege was said but which actually is incorrect.
It’s worthwhile mentioning that at this stage, by the time instructions had been taken and the complete facts had been taken down by the solicitor and this letter has been put together, I don’t think he will have had much change out of £600 or £700. Now that might be as far as he wants to go financially but he’s already made a considerable outlay so you need to bear that in mind.
Can I clarify anything else for you?
Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.