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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1446
Experience:  Solicitor at BLM
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I would like advice on a matter. I loaned some money from a

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Hi there,
JA: Hi. How can I help?
Customer: I would like advice on a matter. I loaned some money from a friend and had all intentions to pay her within a few months as I was going to receive some funds from my mother. It turned out that the moment which I was expecting from my mother didn’t materialise. I then told her to give me more time which she didn’t as she said it was a short term loan. We didn’t have any signed documentation but I was going to honour my commitment to the loan. Fast forward since then, she applied to the court for me to pay her and I replied back and completed a counterclaim which I sent to the court. I’ve not heard back from the court as yet. Since then she’s been harassing me and my partner with countless emails which are very rude, condescending and defaming me to my partner. I have refused to respond to her but yesterday after her calling my partner on the phone and spent the good part of 2hrs telling him stories and fabricated lies about me to discredit me to him.
JA: Where are you? It matters because laws vary by location.
Customer: i would like to seek advice as to how I can put a stop to this as yes I owe her the money and I have asked to pay her a monthly sum until I finish paying her the full sum. I didn’t sign up to be harassed with emails, calls and for my character to be defamed. She has mentioned in her email that she’s informed the court that she’s will not accept my offer of £250 per month to pay her back which I have not heard back from the court. I have sent her an email yesterday informing her that her emails are unwarranted and that she I feel harassed and bullied by her. Also that I’m the one that owes her the funds not my partner in Surrey, UK
JA: What steps have you taken so far?
Customer: I have completed a counterclaim claim form which I have sent to the court and I haven’t heard back from them. The harassment stated in Dec 2019 when she called and emailed my partner telling him things about me in my absence. While she never told me that she will be taking that step. She’s still continued sending me emails and being very rude and condescending. She has also sent my partner x4 emails with information that I had disclosed to her but presented it to suit her. She’s been harassing both of us and now asking him to pay when we have no financial ties or commitments. I emailed her yesterday and told her to stop sending me harassing, defamatory emails as I find them harassing and that if she doesn’t I will seek legal advice to ensure she stops. I agree that I owe her the funds and I have told her how much I will pay but what I didn’t sign up for was the harassment and malice she’s been giving repeatedly. I also mentioned that I owe her the money not my partner and that he is not responsible for my debts. She’s replied back and said that she’s declined my offer which bye o have not heard from the court and th
JA: Anything else you want the Lawyer to know before I connect you?
Customer: sorry ....., I’ve not heard back from the court with a response but she’s told me that she’s declined it as it will take too long to pay. In the meantime that’s what I can afford. I need to put a stop to this as it’s causing me undue stress especially at this time.
Customer: replied 14 days ago.
Thank you
Customer: replied 14 days ago.
I need her to stop immediately sending emails and making contact with my boyfriend. Also she’s said that she’s declined my offer which I have not heard back from the court. I also want advice on next steps if she’s declined my offer as that’s what I can afford at present

Hello

Welcome to JA

With regards ***** ***** offer pay monthly please note the court have powers to make an order for you to pay monthly. The sum will decided by the court after they have listened to what you can afford to pay on a monthly basis.

Do you understand what I have stated if yes I will proceed to the discuss the harassment issue?

Please also ignore the automated call request when I am typing the answer.

Customer: replied 14 days ago.
Thanks for your response. I have not heard from the court with an update. She’s the one who’s told me in her email that she’s declined my offer as if she had known that I was going to pay her monthly she would not have loaned me the funds

Please chase up the court and ask for an update.

With regards ***** ***** harassment i suggest you apply to the local county court for a civil injunction. This is a court remedy that orders the woman to stop such conduct and failing to do so can amount to a criminal offence.

However, before you do this, send the person a cease and desist letter to warn him of your intentions unless he stops.

Please give the person 14 days to stop the conduct.

You can obtain a “cease and desist” letter template from www.lawdepot.co.uk. That said you can a draft letter by your self too but ensure you make it known it is a cease and desist letter and he stops the conduct(ensure you spell out the conduct too) in question. Further it will be wise to remind her that her conducts falls within the definition given within Section 1 of the Protection from Harassment Act 1997 which is as unwanted conduct designed to cause the victim alarm or distress”. Hopefully the letter may well be enough to stop the conduct as an injunction is a serious legal remedy.

Assuming the conduct continues after you send the letter then it would be up to you whether you want to apply for the injunction. My advice be to instruct a local solicitor to assist you with completing the relevant forms. Alternatively if you to do it your self then

you will need to complete the form N16a and send to your county court. You will need to prepare a witness statement to accompany the form. Within the statement you will need to detail the history of the issues with the harasser for the Judge as they will not know what this person is like and what they have done to you unless you describe it.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under Section 1 of the Protection from Harassment Act 1997.

I hope I have clarified the position if not please let me know

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Thanks

Customer: replied 14 days ago.
Thanks for the update. I will certainly send her a cease and desist letter in the next few days. Just wanted to clarify that based on her actions that I have mentioned above I can send her that letter. She’s caused me so much stress and anxiety. Why would she even contact my boyfriend and send me emails calling me names via emails?

Yes you can because from what you described such conduct falls within the harassment laws.

You can also consider reporting the matter to the police if such conduct continues after the letter as harassment is a criminal offence too.

Do you understand what I have stated if not please let me know

Customer: replied 14 days ago.
Hi I think you have but just to clarify in the cease and desist letter I would also like to include her several emails and calls to my boyfriend. It’s totally unacceptable as he doesn’t owe her the debt. Do you think that will cover that as well?

You can include it because that's part of the conduct that is causing you distress which you want her to stop.

Customer: replied 14 days ago.
Okay thanks.
Customer: replied 14 days ago.
If she’s declined my offer what can the court as in what is the next steps?

You can consider making an application for an injunction. However my advice will be get a solicitor to do this for you given its complexity. Alternatively you can consider reporting the matter to the police as harassment is also a criminal offence too.

I hope I have clarified the position if not please let me know.

Customer: replied 14 days ago.
Thanks but I’m referring to her decking my offer to pay her the funds on a monthly basis

Hello

Oh I see.

Please can you rate the assistance provided for the initial query by clicking on the stars button at the top of your screen.

Once rated I will proceed to answer your latest question at no costs.

Once rated please do not open a new question as I will proceed to discuss this on this post.

Thanks

Customer: replied 14 days ago.
Okay thanks

I forgot to mention rating does not come at any cost too.

Thanks

Customer: replied 14 days ago.
Okay thanks. Pls send link for ratings

There is no link.

You can rate by clicking on the stars button at the top of your screen.

Anthony Chendo and other Law Specialists are ready to help you

Thanks

If the offer is rejected and the matter goes to a hearing the judge can decide whether to pay monthly and if so by which amount after he has considered all the evidence before him/her.

Customer: replied 14 days ago.
Thanks very much ����

Your welcome