| Harassment allegations - advice? 08:37 - Oct 19 with 9967 views | Zx1988 |
I've recently commenced a money claim in the Small Claims Court against a former client who has opted not to pay for my services, despite the existence of a contract etc., essentially a fairly straightforward affair, but that's by the by.
Yesterday I received a call from an officer at my local police station advising that the defendant has made a complaint of harassment against me, and we have agreed that he will visit me this evening to discuss her claims.
I do not believe that I have undertaken any conduct that constitutes harassment. I have sent the defendant three letters:
*The legally-required Letter Before Claim
*A letter containing a copy of the claim form sent to HMCTS along with an offer to settle
*A subsequent offer to settle (and confirmation of my intention to see the claim through) following the defendant's refusal to engage with the HMCTS-appointed arbitration service
I don't believe any of the above conduct is unreasonable in the context of an ongoing legal case, and I would suggest that the lack of unreasonableness is sufficient to meet the following defence:
That in the particular circumstance the purported action is held to be reasonable.
I guess the counter-point is that this is the first time I have been involved with the police as a suspect and, sitting on this overnight, I'm worried that it might not go as simply as I'm hoping. I know that this is simply an attempt by the defendant to try and frustrate the process and intimidate me into dropping my claim, but on the other side I know that the police tend to have a bit of a thing about harassment, especially when it's alleged to have been committed by a man against a woman.
Can anyone offer me any thoughts as to what I should expect?
Part of me is inclined to believe that the officer will try to offer me a First Harassment Warning in that it will allow him to easily tie the matter up, and I'll be let off with no real action, but given that an FHW can be disclosed by an enhanced DBS check, and (as is my understanding) I've done nothing wrong, I don't want to feel coerced into accepting this outcome. What is likely to happen if an FHW is offered and refused?
Thanks! |  |
| |  |
| Harassment allegations - advice? on 09:54 - Oct 19 with 868 views | Herbivore |
| Harassment allegations - advice? on 09:53 - Oct 19 by chicoazul |
You don’t have to spend anything. Another poster has explained a duty solicitor is available. |
Only if you're being interviewed under caution, which it doesn't sound like the OP is. |  |
| |
| Harassment allegations - advice? on 09:56 - Oct 19 with 859 views | chicoazul |
| Harassment allegations - advice? on 09:54 - Oct 19 by Herbivore |
Only if you're being interviewed under caution, which it doesn't sound like the OP is. |
This is true. I guess OP needs to establish more about what Babylon want to talk to him about this evening. I’d still arm myself with additional advice though. Worst ways record the conversation perhaps or have a third party present. |  |
| |
| Harassment allegations - advice? on 09:57 - Oct 19 with 858 views | ZXBlue |
| Harassment allegations - advice? on 09:56 - Oct 19 by chicoazul |
This is true. I guess OP needs to establish more about what Babylon want to talk to him about this evening. I’d still arm myself with additional advice though. Worst ways record the conversation perhaps or have a third party present. |
The ridiculous language you are using speaks volumes!
"Babylon" indeed. | | | |
| Harassment allegations - advice? on 09:58 - Oct 19 with 852 views | chicoazul |
| Harassment allegations - advice? on 09:53 - Oct 19 by ZXBlue |
Even if that were true, the idea that this would lead to some nonsensical stitch up over sending a letter (which could never hold up in court) is absurd. |
OP could be very worried about it. Even a claim with no basis can lead to all sorts of problems including with mental health. Once things escalate and go into “the system” many many sleepless nights can ensue. | |
| |
| Harassment allegations - advice? on 09:59 - Oct 19 with 847 views | chicoazul |
| Harassment allegations - advice? on 09:57 - Oct 19 by ZXBlue |
The ridiculous language you are using speaks volumes!
"Babylon" indeed. |
Oh really. And what does it speak volumes about pray tell?
Actually don’t bother I don’t want to derail OPs thread but your responses in here have been very telling. | |
| |
| Harassment allegations - advice? on 10:00 - Oct 19 with 844 views | ZXBlue |
| Harassment allegations - advice? on 09:58 - Oct 19 by chicoazul |
OP could be very worried about it. Even a claim with no basis can lead to all sorts of problems including with mental health. Once things escalate and go into “the system” many many sleepless nights can ensue. |
OK | | | |
| Harassment allegations - advice? on 10:00 - Oct 19 with 843 views | Herbivore |
| Harassment allegations - advice? on 09:56 - Oct 19 by chicoazul |
This is true. I guess OP needs to establish more about what Babylon want to talk to him about this evening. I’d still arm myself with additional advice though. Worst ways record the conversation perhaps or have a third party present. |
If it's not an interview under caution then should they decide to take it further they can't use what's been discussed anyway. Personally I would just go ahead and calmly explain the situation to them unless they read me my rights, at which point I would politely say that I would not say anything further until I'd had the opportunity to speak to a solicitor. That's just me though, I try not to live in a state of constant paranoia. | |
| |
| Harassment allegations - advice? on 10:02 - Oct 19 with 840 views | ZXBlue |
| Harassment allegations - advice? on 10:00 - Oct 19 by Herbivore |
If it's not an interview under caution then should they decide to take it further they can't use what's been discussed anyway. Personally I would just go ahead and calmly explain the situation to them unless they read me my rights, at which point I would politely say that I would not say anything further until I'd had the opportunity to speak to a solicitor. That's just me though, I try not to live in a state of constant paranoia. |
Quite right.
They are following up a complaint because they must. If there is nothing in it (as the OP suggests) they will fill in their forms and that will be that. | | | |
Login to get fewer ads
| Harassment allegations - advice? on 10:03 - Oct 19 with 837 views | TooManyCooks |
| Harassment allegations - advice? on 09:53 - Oct 19 by ZXBlue |
Exactly. An interview under caution is a different thing.
If it is genuinely as straightforward as the op suggests, you show them the letters and they go away NFA. |
Look, you've come on here asking for some advice and I've given it to you, if you want to ignore it, that's up to you. It looks to me like you're more interested in having a tit for tat with chico about whether the police are corrupt or not, than preparing for a police interview.
The advice you've been given about interviews under caution etc is utter bo**ocks! If you are suspected to have committed a criminal offence and are being questioned by the Police ANYWHERE, ie voluntarily at home, or in the Police station, or under caution etc etc ANYWHERE, you are entitled to have a solicitor provided, you can ask the station to contact the duty solicitor and have him/her attend this meeting you've arranged.
That's me done now, because clearly you lot know more about all this than I do, despite coming on here asking for assistance, good luck!! | |
| hedgehog flavoured cucumbers |
| |
| Harassment allegations - advice? on 10:06 - Oct 19 with 823 views | Zx1988 |
| Harassment allegations - advice? on 10:03 - Oct 19 by TooManyCooks |
Look, you've come on here asking for some advice and I've given it to you, if you want to ignore it, that's up to you. It looks to me like you're more interested in having a tit for tat with chico about whether the police are corrupt or not, than preparing for a police interview.
The advice you've been given about interviews under caution etc is utter bo**ocks! If you are suspected to have committed a criminal offence and are being questioned by the Police ANYWHERE, ie voluntarily at home, or in the Police station, or under caution etc etc ANYWHERE, you are entitled to have a solicitor provided, you can ask the station to contact the duty solicitor and have him/her attend this meeting you've arranged.
That's me done now, because clearly you lot know more about all this than I do, despite coming on here asking for assistance, good luck!! |
Hi TMC
I'm grateful for your advice. I think the fact that I'm ZX1988, and the other chap is ZXBlue seems to be causing some confusion!
I've contacted the local constabulary and asked them to rearrange the meeting to be at the local police station, and for the duty solicitor to be present. Hopefully it's a bit of overkill on my part, but at least I'm fully prepared if at any point things start proceeding under caution.
I'm hoping that things will be as open-and-shut as the facts suggest, and that I'll be able to explain the context of the communications, show the court documents proving the existance of the claim, and that will be that. Certainly the tone of the officer when I spoke to him yesterday hinted that he thought it was all a bit overblown, but that he had to follow procedures.
Like I say, this is my first experience of this sort of thing, but when you're a bit of a worrier like me, and folks like Chico bang on about how it's all a massive conspiracy and that 'Babylon' are out to get you regardless, it's easy to worry that the whole shebang might end up in me getting led off to some sort of black site instead! [Post edited 19 Oct 2021 10:12]
| |
| |
| Harassment allegations - advice? on 10:07 - Oct 19 with 811 views | Herbivore |
| Harassment allegations - advice? on 10:06 - Oct 19 by Zx1988 |
Hi TMC
I'm grateful for your advice. I think the fact that I'm ZX1988, and the other chap is ZXBlue seems to be causing some confusion!
I've contacted the local constabulary and asked them to rearrange the meeting to be at the local police station, and for the duty solicitor to be present. Hopefully it's a bit of overkill on my part, but at least I'm fully prepared if at any point things start proceeding under caution.
I'm hoping that things will be as open-and-shut as the facts suggest, and that I'll be able to explain the context of the communications, show the court documents proving the existance of the claim, and that will be that. Certainly the tone of the officer when I spoke to him yesterday hinted that he thought it was all a bit overblown, but that he had to follow procedures.
Like I say, this is my first experience of this sort of thing, but when you're a bit of a worrier like me, and folks like Chico bang on about how it's all a massive conspiracy and that 'Babylon' are out to get you regardless, it's easy to worry that the whole shebang might end up in me getting led off to some sort of black site instead! [Post edited 19 Oct 2021 10:12]
|
That's sensible, you should do what makes you feel most comfortable. | |
| |
| Harassment allegations - advice? on 10:09 - Oct 19 with 804 views | chicoazul |
| Harassment allegations - advice? on 10:03 - Oct 19 by TooManyCooks |
Look, you've come on here asking for some advice and I've given it to you, if you want to ignore it, that's up to you. It looks to me like you're more interested in having a tit for tat with chico about whether the police are corrupt or not, than preparing for a police interview.
The advice you've been given about interviews under caution etc is utter bo**ocks! If you are suspected to have committed a criminal offence and are being questioned by the Police ANYWHERE, ie voluntarily at home, or in the Police station, or under caution etc etc ANYWHERE, you are entitled to have a solicitor provided, you can ask the station to contact the duty solicitor and have him/her attend this meeting you've arranged.
That's me done now, because clearly you lot know more about all this than I do, despite coming on here asking for assistance, good luck!! |
You’ve confused him for another poster my brother. Zx1998 is OP (original poster) ZXBlue is someone else. | |
| |
| Harassment allegations - advice? on 10:10 - Oct 19 with 804 views | TooManyCooks |
| Harassment allegations - advice? on 10:06 - Oct 19 by Zx1988 |
Hi TMC
I'm grateful for your advice. I think the fact that I'm ZX1988, and the other chap is ZXBlue seems to be causing some confusion!
I've contacted the local constabulary and asked them to rearrange the meeting to be at the local police station, and for the duty solicitor to be present. Hopefully it's a bit of overkill on my part, but at least I'm fully prepared if at any point things start proceeding under caution.
I'm hoping that things will be as open-and-shut as the facts suggest, and that I'll be able to explain the context of the communications, show the court documents proving the existance of the claim, and that will be that. Certainly the tone of the officer when I spoke to him yesterday hinted that he thought it was all a bit overblown, but that he had to follow procedures.
Like I say, this is my first experience of this sort of thing, but when you're a bit of a worrier like me, and folks like Chico bang on about how it's all a massive conspiracy and that 'Babylon' are out to get you regardless, it's easy to worry that the whole shebang might end up in me getting led off to some sort of black site instead! [Post edited 19 Oct 2021 10:12]
|
FFS that makes a lot more sense now, sorry, I was looking at the wrong username!! In disbelief that somebody concerned about a police interview was more interested in talking crap with Chico.
There's no such thing as overkill in this situation, I can't stress enough how important it is to get advice from the off here, you've done the right thing and I wish you well. | |
| hedgehog flavoured cucumbers |
| |
| Harassment allegations - advice? on 10:14 - Oct 19 with 788 views | chicoazul |
| Harassment allegations - advice? on 10:06 - Oct 19 by Zx1988 |
Hi TMC
I'm grateful for your advice. I think the fact that I'm ZX1988, and the other chap is ZXBlue seems to be causing some confusion!
I've contacted the local constabulary and asked them to rearrange the meeting to be at the local police station, and for the duty solicitor to be present. Hopefully it's a bit of overkill on my part, but at least I'm fully prepared if at any point things start proceeding under caution.
I'm hoping that things will be as open-and-shut as the facts suggest, and that I'll be able to explain the context of the communications, show the court documents proving the existance of the claim, and that will be that. Certainly the tone of the officer when I spoke to him yesterday hinted that he thought it was all a bit overblown, but that he had to follow procedures.
Like I say, this is my first experience of this sort of thing, but when you're a bit of a worrier like me, and folks like Chico bang on about how it's all a massive conspiracy and that 'Babylon' are out to get you regardless, it's easy to worry that the whole shebang might end up in me getting led off to some sort of black site instead! [Post edited 19 Oct 2021 10:12]
|
Better overkill than the opposite. Some people may say that protecting yourself and your position means living in a “state of constant paranoia”. Those of us unlucky enough to have been in similar sounding situations to your one just think it’s sensible. Good luck. | |
| |
| Harassment allegations - advice? on 10:20 - Oct 19 with 777 views | Fixed_It |
| Harassment allegations - advice? on 09:57 - Oct 19 by ZXBlue |
The ridiculous language you are using speaks volumes!
"Babylon" indeed. |
I've been down this rabbit hole with him before. You'll get nowhere. My advice - in the voice of a hysterical woman - 'leave it ZX, he's not worth it!'. |  |
| |
| Harassment allegations - advice? on 10:22 - Oct 19 with 769 views | ZXBlue |
| Harassment allegations - advice? on 10:03 - Oct 19 by TooManyCooks |
Look, you've come on here asking for some advice and I've given it to you, if you want to ignore it, that's up to you. It looks to me like you're more interested in having a tit for tat with chico about whether the police are corrupt or not, than preparing for a police interview.
The advice you've been given about interviews under caution etc is utter bo**ocks! If you are suspected to have committed a criminal offence and are being questioned by the Police ANYWHERE, ie voluntarily at home, or in the Police station, or under caution etc etc ANYWHERE, you are entitled to have a solicitor provided, you can ask the station to contact the duty solicitor and have him/her attend this meeting you've arranged.
That's me done now, because clearly you lot know more about all this than I do, despite coming on here asking for assistance, good luck!! |
You seem to be confused about who you are talking to / about.
Your advice for what its worth, is totally over the top (imo) for a brief visit to follow up a bad complaint. Clearly, if there is more to it than the OP says, that balance shifts. [Post edited 19 Oct 2021 10:23]
| | | |
| Harassment allegations - advice? on 10:22 - Oct 19 with 763 views | ZXBlue |
| Harassment allegations - advice? on 10:10 - Oct 19 by TooManyCooks |
FFS that makes a lot more sense now, sorry, I was looking at the wrong username!! In disbelief that somebody concerned about a police interview was more interested in talking crap with Chico.
There's no such thing as overkill in this situation, I can't stress enough how important it is to get advice from the off here, you've done the right thing and I wish you well. |
I respectfully disagree. | | | |
| Harassment allegations - advice? on 10:24 - Oct 19 with 761 views | chicoazul |
| Harassment allegations - advice? on 10:20 - Oct 19 by Fixed_It |
I've been down this rabbit hole with him before. You'll get nowhere. My advice - in the voice of a hysterical woman - 'leave it ZX, he's not worth it!'. |
I don’t know who you are. | |
| |
| Harassment allegations - advice? on 10:29 - Oct 19 with 754 views | Ewan_Oozami |
| Harassment allegations - advice? on 09:49 - Oct 19 by ZXBlue |
It really isn't. |
I'm afraid it is, people assume that when police interact with them (ie, normal people behaving normally), they police are there to dispassionately assess the situation and act accordingly - in too many cases, the police arrive with an agenda already created, and behave according to that agenda, which can skew situations wildly if you're not careful.. |  |
| |
| Harassment allegations - advice? on 10:29 - Oct 19 with 753 views | IpswichKnight |
| Harassment allegations - advice? on 09:53 - Oct 19 by chicoazul |
You don’t have to spend anything. Another poster has explained a duty solicitor is available. |
That’s not true, a duty solicitor is only available if you have been arrested and are at a police station.
You are entitled to ask the officer to leave at any point you have agreed to let them enter and so you can rescind that as they do not have a warrant to enter your property.
As other have said if the letters are business and matter of fact the police will tell her this is a civil matter and nothing to do with them I suspect the officer will take one look at them and wish you good day and leave. | | | |
| Harassment allegations - advice? on 10:30 - Oct 19 with 761 views | Fixed_It |
| Harassment allegations - advice? on 10:24 - Oct 19 by chicoazul |
I don’t know who you are. |
Someone who doesn't think all police are corrupt, and who doesn't live in a constant state of paranoia. | |
| |
| Harassment allegations - advice? on 10:31 - Oct 19 with 750 views | ZXBlue |
| Harassment allegations - advice? on 10:29 - Oct 19 by Ewan_Oozami |
I'm afraid it is, people assume that when police interact with them (ie, normal people behaving normally), they police are there to dispassionately assess the situation and act accordingly - in too many cases, the police arrive with an agenda already created, and behave according to that agenda, which can skew situations wildly if you're not careful.. |
Confirmation bias is certainly a factor sometimes, I agree. It is unwitting rather than malevolent when it happens though, mostly! They are also trained to be aware of it, though training only takes you so far.
Vast majority of police are decent folks doing an incredibly difficult and often dangerous job, as well as they can, with inevitable imperfections. [Post edited 19 Oct 2021 10:32]
| | | |
| Harassment allegations - advice? on 10:55 - Oct 19 with 717 views | TooManyCooks |
| Harassment allegations - advice? on 09:52 - Oct 19 by Herbivore |
That's only the case if you are being interviewed under caution and there's no indication that that's the case here. |
Just to clarify for anybody reading this thread.........you are 100% entitled to speak to a Solicitor free of charge if you are suspected of a criminal offence, you DO NOT need to have been arrested, or be conducting an interview under caution to be entitled to one. If the Police want to talk to you ANYWHERE, you are entitled to have a Solicitor present and supplied free of charge. | |
| hedgehog flavoured cucumbers |
| |
| Harassment allegations - advice? on 10:58 - Oct 19 with 701 views | Herbivore |
| Harassment allegations - advice? on 10:55 - Oct 19 by TooManyCooks |
Just to clarify for anybody reading this thread.........you are 100% entitled to speak to a Solicitor free of charge if you are suspected of a criminal offence, you DO NOT need to have been arrested, or be conducting an interview under caution to be entitled to one. If the Police want to talk to you ANYWHERE, you are entitled to have a Solicitor present and supplied free of charge. |
Can you provide a source for that? My understanding is that the right to free legal advice comes when you are under caution and I can't find anything that contradicts that. [Post edited 19 Oct 2021 11:02]
| |
| |
| Harassment allegations - advice? on 11:02 - Oct 19 with 684 views | Ryorry |
| Harassment allegations - advice? on 10:55 - Oct 19 by TooManyCooks |
Just to clarify for anybody reading this thread.........you are 100% entitled to speak to a Solicitor free of charge if you are suspected of a criminal offence, you DO NOT need to have been arrested, or be conducting an interview under caution to be entitled to one. If the Police want to talk to you ANYWHERE, you are entitled to have a Solicitor present and supplied free of charge. |
Just out of interest, would it be contravening anything to openly record any convo on your phone or other device if police start questioning you anywhere about anything? (I'm assuming it's not OK to do so covertly - or is it ..?) |  |
| |
| |
By continuing to use the site, you agree to our use of cookies and to abide by our Terms and Conditions.
