Harrassment

[raeman]

again thank you all for your input here i feel like in a way some of the weight has been lifted. I think it is knowing that its not just me in this situation and that has made a difference. Thank you Rainbow for that website I will research that further and will also look into the possibility of being moved by the council. We do have a liaison officer from the council visit us to help my wife with some issues and offer support and she knows the situation.

Julian thank you for providing the help on a legal level i really appreciate that you have taken the time to answer me with the type of help i'd normally need to pay for. I was told by my trustee that the bankruptcy was advertised in the Edinburgh Gazette and so people could easily have found out anyway, but My wife was subject to abuse yesterday when our former friends mum was screaming the details about the specific debts that we owe, and that information is not readily available apart from to the creditors from the trustee, and those former friends are down as a creditor and so would have access to that information.

The ASBO offices said that my Trustee should get them under bankruptcy harrassment, but when i called them my case officer could not tell me what conditions they have to abide by as creditors( I know unbelieveable) and what happens to them if they break those conditions. They were supposed to call me back when they found someone who knew. Guess what they didnt. Does anyone know? Julian I will look at my rights under the data protection act and whither I have a case but perhaps you could comment on the information above?

[JulianSampson]

No problem- I am afraid though that this may be a little beyond my know-how but I have to be honest and say I have never heard of bankruptcy harrassment as a crime/civil action. I suspect what the Trustee is suggesting is that the whole purpose of bankruptcy is to vest the interests of the creditors in the trustee and effectively keep you out of the loop. Figuratively it should be him taking the abuse (!) and not you.

I am no Scottish lawyer but if this continues and your Trustee fails to help then I would consider making an application to the court for directions on the conduct of the bankruptcy and in particular the position of those creditors that are giving the abuse. It would be worth taking formal legal advice to see if you could get public funding for this- maybe a Court would see the injustice and might strike the right of those creditors to enjoy any dividend? Back in my old law degree days there was a saying that parties must come to equity with clean hands and effectively equity could injunct those horrible people from enjoying the fruits of their abuse.

I should reiterate that this is way beyond my normal field of expertise so its very much a personal and not professional opinion!

Julian Sampson
Solicitor
Wright & Wright LLP
www.wrightandwright.com
See my article in Clean Slate magazine

[raeman]

I just thought Id keep you all updated. The harassment continues. Again we are told just to write stuff down that happens. I have written to my accountants advising them that I may seek legal help to sort out the creditor that is harassing me and they agreed to write again to them.

They have said that because they are not an organisation or company ( the couple Harrassing me) that they may not be bound by the Data Protection act which would prevent them from disclosing my personal information. They gave me the address of the information commissioner. I have sent them an e-mail noting my complaint and asking for advice. I await their response.

I did ask them however if they were not sure if the couple they had to adhere to the rules under data protection act, why they were provided with the information in the first place as creditors, Knowing that they may not keep the information confidential because of ongoing harassment that they were advised about on numerous occasions?

Surely the Accountants would have had an obligation to check this first. It seems that they tell your creditors whomever they may be, what you owe everyone and then invite them to submit a claim and evidence of it, surely they should need to prove what we owe first then see such details, because if their claim is not valid they should not be privy to financial particulars of the person they pursue.

It all seems a bit odd to me, does anyone know anything about this?

As creditors and in making a claim as a creditor surely they bind themselves by those confidentiality rules.

Comments welcome
[:(!][:(!]

[jane.l]

Just to say, what you are going through is terrible, if I were in your shoes, I would try and move well away, to another area, far, far away! Not sure if thats the "right thing to do"

[Adders]

I don't know all the ins and outs of your case, But on face value they may be commiting offences under the Harrasment act under criminal law As an English Police Officer I would say althouth the crown may not bring a prosecution without violence the offence should still be investigated and a Harrasment warning letter served.

Im no scotish law expert but it may be worth speaking with an inspector at your local nick ansd explaining what is happening

[raeman]

Thanks I have not tried to speak to the inspector at the station yet, are they approachable enough i dont want to wast police time.

My wife is becoming increasingly depressed by it all I am worried she may do something again. Christmas is not going to be very good for the three kids either. I wish I could up sticks and move I really do but it is hopeless

[tracy.h]

Reaman this is truly unjust surely there must be something that can be done.
It is so sad that you and your family have to be subject to this outragous behaviour.
The thing is they make such a big thing about bullying in schools and at work why can't the same be done in domestic cases the annoying thing for me is you have to actually be caused harm before the authorities take notice.
My heart goes out to you and your family i wish you all well and really do hope you will find a solution.

Tracy

[Rainbow]

HI there if you really need to move you could possible declare yourself homeless at any other council in the UK they will investigate why you cannot return to your tenancy - Also what about doing a mutual exchange? Would this help?

Best wishes
Rainbow

Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!

[cat 1]

Hello. I may not be able to help but I just wondered if you had visited your GP. He /she may be able to prescribe something to improve your mood/ help you sleep/ be less reliant on alcohol which as you will know is a depressant.Be very honest and let GP know exactly what you are feeling...no matter how bad. Also, I wondered about child protection stuff? All other avenues appear to have been explored but your daughter had the right to a life without fear (we all do) but a child cannot be harrassed in this was without it ?being abusive and ?unlawful. Just a thought. Cat 1

[raeman]

I thank you all for your kind comments and words of advice. I am encouraged that so many individuals here hear what I am saying and react so positively. You have no idea what it means just for you right now to be taking the time to read this.

My plight is very real, me and my wife fantasise regularly about winning the lottery, changing our lives and that of our kids, but we know that’s all it is because in our experience nice things don’t tend to happen to good hearted people like all of us in this forum eh!!!!!

Instead its people like my former friends, Thugs, Murderers, Abusers that can further destroy everything they touch, wasting the very opportunities that we would all relish in. I know what you mean about moving but I don’t want to muck the kids up any more that involuntarily, we have. We live in a nice street and we keep ourselves to ourselves, and so long as we don’t venture out to be confronted by them or their parents who live in a street adjacent to us, we are fine.

My wife and I discussed the possibility of seeing the GP because we are very depressed especially my wife, whom I love more than I can possibly describe here in words. She is everything to me, and whilst I love my kids and adore them I don’t think I could survive without knowing that I can go home to her and have her try to assure me, look at me the special way that she does, hold me when I need it more than anything. That would not be acceptable to me.

I believe that through this I have become an alcoholic, But I am trying; it’s been 4 days now since I have had a drink. I fear that if we do both go to the docs that our children would be deemed as at risk by the GP and that they may call social services, and we all know once that happens, however good intentions are, and lives are destroyed. No thank you.
I don’t have that kind of faith in the system.

I just need a chance to be fortunate enough, even just to pay them off, else I fear my life will never be the same, every chance they get they will try to destroy my happiness.
I will resolve thought to make sure that eventually they pay for destroying the happiness of me and my wife and for making my kids afraid to play outside and even go to school.

They better make sure that they cross every T and dot every me, the minute they miss something, or I get the opportunity, I will get them.

They pilfer from our workplace and Use Company resources for financial Gain and he has 2 secondary incomes that he pays no tax or National Insurance on, I am so tempted to blow the whistle. It’s not me though, and after the rumours they have spread at work about me who will believe that they thieve from there? They make more money than I can dream off but it’s true, money doesn’t always buy happiness. Inflicting misery in their case does.

[cat 1]

RAEMAN. Stop right there. GP will listen and respond.Are you abusing your kids, neglecting them in any way at all? NO.Well nothing to worry about on the social services front then. When we're anxious we panick more and then we escalate the situation and then we can't think clealry. Oh..and 4 days without alcohol, although brilliant is a bad way to detox.Could make you very ill. Gp would be able to help with this too? Hope it works out for you. Cat 1