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  • Light at the end of the tunnel

    Having read so many messages of despair on the site over the months,I would like to share a success story with you all.



    My neighbour from hell has been at it for two years, during which time I have been mugged and bitten by the lunatic, forced off a motorway, tailgated along a busy road, blocked in by a car and subjected to a period of threats, with hammers, and endless close-up photography, not to mention the language etc.



    The police were absolutely determined not to do anything about it, even though they knew that he has a criminal conviction as a result of barricading customers in a High Street bank, by blocking the public entrance with a vehicle and then pouring petrol over the door and the vehicle and then threatening to set light to it all.



    When this all started I decided that I had no option but to go to the County Court, which granted me an injunction to restrain the NFH's behaviour.



    Last Tuesday he was sentenced to six months in prison, suspended for one year, for breaching the injunction, so any further trouble and I will go back to Court.



    The day before the trial of the action was to commence the NFH's own lawyers went to Court to be excused from representing him any longer, so he conducted his own defence and spun the trial out for 18 days.



    The judge has ordered him to pay my costs and damages, at about £62,000.



    I have registered a charge at H.M. Land Registry against his house, to secure the debt. If he does not pay, then he loses his house.



    It was on BBC news on Tuesday, on local radio on Wednesday, with massive coverage in the local papers yesterday. It will also be in some of the Sunday papers.



    I have had a huge response, with letters and phone calls from other victims.



    My advice is to forget the police, who are institutionally opposed to getting involved in what they discount as a "domestic". Take out an injuction. You do not have to have lawyers. The County Court office has free pamphlets to guide you through the procedure.



    Unlike the police, the Court's are obliged to grant an injunction if you provide the evidence.



    Most importantly, never give into a thug. You may not be able to live with him, but you must be able to live with youself.



    My very best wishes to other victims. I do know what it's like.



    Caldas.

  • #2
    Fantastic News Caldas Congratulations and well done to you and for having the resolve and determination.



    It just goes to show you can win sometimes and thanks for sharing that with us



    Excellent advice - never give into a bully or an NFH and also a brilliant example of keeping within the law to fight an NFH.



    :yobs: :nfh1:



    I've moved this to Success Stories.

    Comment


    • #3
      Caldas, I'm in awe of your action Congratulations on having the determination to stand up for your rights and see it through



      I'm sure a lot of people will gain a lot from your story (well all except NFH )



      Many, many good wishes for your future, you are a shining example for us all



      Misty
      "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

      Comment


      • #4
        Your NFH sounds completely and utterly evil and deranged, it does defy belief that it had to take all those incidents...



        But justice has been served and you are quite right about injunctions - the Courts can assist you to raise your own action so legal fees can be avoided if you have the stamina to deal with it yourself .



        I'm intrigued - I'll be looking in the papers this week!



        Well done for standing up to the evil bully. :thumbs:



        Hope you can live your life in peace now.



        Mazza

        :daisy:

        Comment


        • #5
          WOW!!!





          just proves it can be done!



          good on yer caldas! a victory for the victims, bet you are well chuffed! :lol:



          just a shame that we have to go through all this before we can get help

          :ban:

          Comment


          • #6
            Great news caldas and thanks for updating us.



            Well done for your perseverance with this - you're right, "never give in to a thug". But sometimes that takes a lot of energy and confidence that some people have had wiped out from them by NFH.



            Was this an injunction under the Protection from Harassment Act?



            What a dipstick he really must be for his own Solicitors to say they were no longer going to represent and then for him to think he should handle the case himself. Well, it worked for you.



            Big congratulations to you. :thumbs: Get the champers out.

            Comment


            • #7
              Many congratulations, Caldas, on a wonderful result



              Hope life goes much more peacefully from now on , and many thanks for updating us, and passing on your experience to other members



              Sapph

              Comment


              • #8
                Grats on your result ... gives us all hope.



                FF
                Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



                Vince:"You don't know anything about me. Do you know anything about me?"



                Howard:"I know...of you"



                Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

                Lovely lady with the eye

                Lovely lady with the eye

                You've only got one but it's a good one

                Lovely lady with the eye, the eye, the eye, the eye, the eye

                coming forward on a string, thats not normal, urgh

                Yeah! I'm in a band..."

                Comment


                • #9
                  Thank you all very much for your kind thoughts.



                  It is difficult to explain what a relief it is not to have daily confrontations with a very nasty person.



                  To answer Hollygolightly, my injunction was under the Protection from Harassment Act, 1997.



                  It is becoming clearer to me that the civil Court route may well be the best way to get the peace and quiet that we all deserve and are entitled to, because the Court is almost bound (save in exceptional circumstances) to grant an injunction if there is good evidence to support allegations of harassment.



                  I have had a huge response. My case was, perhaps, a little extreme, but I received one letter, written anonymously, from a lady with a situation much worse.

                  Her experience at the hands of the police was the same as mine: they will not use their powers under the Act. It is almost a point of honour with them not to do so.



                  We all know that parliamentary time is very precious, so why can the police choose to ignore a very recent and effective way to kerb these awful people?



                  My story was in the Daily Mail today, as a result of which I did a 10 minute live interview on Talk Radio this morning, with a 7 million audience (or so they say!).



                  I do hope that my story will encourage others to help themselves, even if the police won't do their job. I fully accept that many victims have had the stuffing knocked out of them by the bully/coward, but there is an answer and, as they say on the cosmetics advert., you deserve it, because you're worth it!



                  Best wishes to everyone in the same situation.



                  Nil carborundum illegitimis!!!



                  Caldas.

                  Comment


                  • #10
                    Caldas,



                    In the civil court, the burden of proof is not as much as in a criminal action. Most of the action by my NFH against me and my wife has been when either I, or her has been outside on our own. There have only been two incidents witnessed by us both together (he used to go outside and hang around whenever we went out. Basically, it would be our word against his - is that enough in a civil case?



                    FF
                    Howard:"You wanna be careful, before you know it you'll wake up in a bush singing songs about brooms"



                    Vince:"You don't know anything about me. Do you know anything about me?"



                    Howard:"I know...of you"



                    Vince:"Yeah, well, if you knew me you'd know that I don't sing songs about brooms...I sing songs about love...

                    Lovely lady with the eye

                    Lovely lady with the eye

                    You've only got one but it's a good one

                    Lovely lady with the eye, the eye, the eye, the eye, the eye

                    coming forward on a string, thats not normal, urgh

                    Yeah! I'm in a band..."

                    Comment


                    • #11
                      Freakyfun,



                      The usual standard of proof in a civil Court is "the balance of probabilities", in other words is your evidence more likely to be true than not. That is the standard of proof on which the Court will grant, or refuse to issue an injunction.



                      It is quite impossible to say in advance whether the Court will act in any particular case, based on any particular evidence. It depends very much on the quality of the evidence, and the nature of any evidence put in against your allegations.



                      If you say that the injunction has been breached, you can take the case back to Court, because a breach is a contempt of Court, which can lead to imprisonment. On an Application to commit for contempt, because the liberty of someone is at risk, the civil Court then applies the criminal standard of proof, in other words the judge must be satisfied beyond reasonable doubt, or be sure, of the breach.



                      In my case, 5 witnesses were called to give evidence against me concerning the attack. They were not believed.



                      I hope this helps. Good luck,



                      Caldas

                      Comment


                      • #12
                        Welcome to the forum Caldas,



                        Thankyou for your time, you have given us some hope, when no one else could.



                        We have tried the police , they say they care but they don't want to know. The council passes the buck back to the police. The police said they would put an order on us, if we bothered them again.



                        Our NFH hangs around too, and issues threats to kill us.



                        GG. :notworthy: :notworthy: :notworthy: :thumbs:

                        Comment


                        • #13
                          Congratulations Caldas :jump:



                          I'm sure that your success story will be of help to many others



                          Tri

                          Comment


                          • #14
                            Caldas.



                            A fascinating and excellent story. £62,000!! I bet if your NFH had known he'd get handed that at the start of his harassment campaign it would have shut him up pretty quick.



                            It would be great if you could go into detail about how you raised the injuction yourself to help other members.



                            In my case I've got an armful of hard evidence against my NFH.



                            Cheers and well done



                            RockBank
                            Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



                            We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




                            So what's the plan?



                            Rescue the damsel in distress, stop the bad guys, save the world.

                            Comment


                            • #15
                              Rockbank,



                              I can only make suggestions as to what you might do. It would be dangerous to give specific advice without knowing all the facts.



                              You might like to have a look at my posting on 18th August, in the Forum "Hell in an Idyllic Village", where I commented on the Protection from Harassment Act, 1997 (PFHA).



                              You should definitely consider section 1 of PFHA. I suggest that you read it over and over again until you are sure that you understand it. It is a very important section because it defines harassment.



                              The entire Act is mercifully short and can be found by clicking on "Legislation" on the left hand Navigation menu on the home page of this site, then click on PFHA on the right hand menu.



                              You say that you have a lot of hard evidence against your neighbour from hell. If you are still of the same view. having mastered section 1, I would advise you to go to a solicitor, so that you can get professional confirmation that you have a good case in law.



                              If you decide to contact a solicitor, make sure that the lawyer of your choice is competent to take on such a case. Many solicitor specialise in different areas of law. It is of no use at all for you to consult, for example, an expert on company law or wills etc., because his undoubted expertise is not what you want.



                              If you do see a lawyer, it will assist him, and keep your bill down, if you marshall all of the facts, rather than just handing over a mass of paperwork. Write out a summary of your problems. Draw attention to the evidence you have in support.



                              If your lawyer thinks you have a good case, you can ask what the fees would be to act for you. Obviously, you cannot be given an exact figure, but you need to have an idea. If you have a particularly strong case, the costs should be fairly light, since it less likely that your case is capable of being successfully defended. Don't be put off by the massive costs in my own case. That only came about because my NFH's own lawyers refused to act for him, so NFH conducted his own case and kept the trial going for 18 days.



                              A lawyer will prepare all of the necessary documentation to get the case up and running, but you do not have to have a lawyer, as my NFH has discovered, to his enormous cost.



                              If you decide to do it yourself, you should firstly go to your local County Court office, where you can obtain, free of charge, a number of very useful booklets setting out the relevant protocol.



                              Basically, you need to fill in a form (Form N1 Claim Form).



                              Before I go on, DO NOT BE INTIMIDATED by this or any other document.



                              On page 1, give your name and the name and address of the Defendant, and a brief description of your claim, which will probably be something like:-



                              " The Claimant claims damages and an injunction restaining the Defendant from:

                              1. Using or threatening violence towards the Claimant;

                              2. Harassing or pestering the Claimant;

                              3. Obstructing or otherwise interfering with the lawful exercise of the

                              Claimant's right of way from....to...."



                              or whatever is appropriate in your individual case.



                              On page 2, simply say whether a Human Rights Act 1998 issue is involved. It almost certainly is not, so just say NO.



                              That's it!



                              You will need to provide a document known as " Particulars of Claim ", in which you set out your story. You should identify any relevant properties, and you can attach a plan if that makes things clearer.



                              The County Court booklets will give you good assistance in what is needed.



                              Once you have launched your action, the documents are served on the Defendant NFH, who has a very limited time in which to defend the action or admit it. I think, from memory, that the period is 14 days.



                              This is a crucial stage, because, probably for the first time in his/her life the NFH is on the receiving end of an urgent and important matter to deal with, rather than handing our grief to yourself.



                              And I bet he/she will not like it a bit.



                              All of this, of course, would be quite unnecessary if the police would act. But, since they won't, you should have the added satisfaction of doing it yourself and succeeding. In this respect you are fully entitled to take the law into your own hands.



                              If you win the case, you will almost certainly be awarded your costs, to be paid by NFH.



                              I hope that this is of assistance.



                              Very best wishes,



                              Caldas.

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