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Jo C.
Jo C., Barrister
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I am in the process of entering into an IVA. One of the people

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I am in the process of entering into an IVA. One of the people I owe money too has started Bankruptcy proceedings, which will be dealt with by the IVA people. However, he has sent threatening emails and messages via facebook to myself and my (at the time 16yr old) daughter that he is going to get me bankrupt and then sell the debt to a local gypsy traveler who will do what ever is necessary to get the money, including physical harm and shooting my daughters horse.....
The police have done nothing and said until something happens there is nothing they can or are prepared to do.
My son, who is disabled, has a trust fund that owns the house we live in, it pays me £600 per month as I am at home most of the time to care for him, I have asked if they would pay me 'upfront' so I can at least pay a chunk of the money of to him, however this will leave us in a very vulnerable financial position!

Thank you for your question. My name is ***** ***** I will try to help with this.

This is harassment and threatening criminal damage. I'm amazed that the police are not interested.

Have you given them proof of what is being threatened?

Have you asked them to warn him under the Protection from Harassment Act?
Customer: replied 3 years ago.

I have just come of the phone from the police, as its mainly a debt, they are classing it as civil.

You will be aware that even if the creditor does not agree to the IVA proposal, provided 75% by value of the creditors who vote at the meeting agreed to it, then the other creditor is bound by it.

I am rather surprised that the police are not taking this seriously.

This is certainly harassment for the purposes of the Protection from Harassment Act. Harassment is defined as a course of action intended to harass and this clearly falls within that category. This is criminal

Some police forces deal with harassment very seriously and others (as seems to be the case here) seem to take it less seriously. If whoever you are speaking to is adamant that he is not going to issue even a warning, then you need to speak to a senior officer in the police force and if necessary make a formal complaint. What you have been told about the police doing nothing until something happens is not correct. Imagine the scenario if they couldn’t do anything until someone was actually murdered!

Whilst threatening criminal damage to property (shooting the daughters horse) is not a threat that he is making he is actually threatening to get someone else to do it.

I would really press this with the police. If necessary, involve the local newspaper.

You can get a court injunction but you will probably find that’s a waste of time because people in situations like this clearly think they are above the law. Only a fool would actually put in writing on the Internet that they are going to get somebody to cause physical harm and criminal damage. So, even if you got a civil injunction it’s likely to be of limited effect. One think it would do of course is, if the injunction is breached, make the police take action.

Applying for a civil injunction is not really something that you might want to do yourself unless you have particular experience of doing it although because of the nature of the threats and because of your sons disability, you may be able to get legal aid so it would certainly be worthwhile investigating that.

Can I clarify anything for you?

Customer: replied 3 years ago.

i a thinking of getting the firm that dealt with the closure of the firm to contact his solicitor (who is aware of the threats, but still advising him) to make an offer based on there last request;

£5600 now, no bankruptcy proceedings and negotiating repayment but for a lower amount (its all I can get ! £4,500) with the rest going to IVA. ON CONDITION, he agrees to our own restraining order as such and that the debt will not be sold on, making it clear that we can progress with a police/criminal prosecution if necessary.

If you are entering into an IVA don't make any offer without speaking to the supervisor because it may be seen as treating them as a preferential creditor and could jeapordise the whole IVA

I think instructing that firm of solicitors that you dealt with previously would probably be a good idea.

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

They are trying to find out for me, I just want to be able to sleep at night and not be in fear for my family

The offer could be made on behalf of the old company, rather than myself?

If the old company is in liquidation then paying this one creditor in preference to all the others prejudices the other creditors of the company and must not be done without the agreement of the liquidator.

What you are trying to do is treat this person better than all the other creditors and that is what you are not allowed to do.

That is the whole purpose of the IVA, to treat everyone the same.
You really need to press the police hard with this and explain that you are frightened for your own safety and that of your family/children. I would emphasise the children angle.

If they still refuse to do anything, you have no alternative but to complain to the chief constable.

At the same time, you really do need to consider taking out a civil injunction which the police will then have to enforce.

Customer: replied 3 years ago.

OK, thank you, ***** ***** go with that, hopefully the solicitors dealing with it will come back to me tomorrow.

Maybe the police will do something when i mention your answers from earlier

Good luck. I think it might also be worthwhile getting your solicitor to write to the police saying that if anything does happen and they haven't taken any action, then their head will be on the block
Customer: replied 3 years ago.

Good point! I will mention that to them.

Crazy thing is, he is a pHd in geology and works in oil exploration, i am sure a criminal record will severely limit if not stop his career in its tracks

Of course it will