Blackmailing ex partner wants my house or else

breaking_free

Guest101 wrote: »

I know it's not what you wanted to hear but I was just being pragmatic, there's little point in pushing an incorrect agenda just for you to waste time and money and achieve no result.

Indeed I fully understand and thank you for your input. If I was only after 'Yes maam' opinions the advice would not be impartial, and so have little value.

Thanks once again to all. Expect this thread to be updated at some point in the future with details of my having served papers on the parasite at court, or some other development.

paddy's_mum

breaking_free wrote: »

I'll re-word my original statement: he refuses to grant me a divorce. He won't give me an address to serve the divorce papers and has repeatedly told me "There's no way you're getting a divorce." I will have to wait till 5 years is up and then divorce him without his consent.

So, he's done you the most massive favour. You now know beyond any doubt whatever that you cannot believe a single word he says. His power has been taken from him!

That's quite some burden to be released from, in my view.

I'm pleased for you and hope that things can now go along more peacefully for you. Good luck.

hazyjo

Any marriage less than a few years means each party is likely to come out of it with what they put in. I was in the same boat as you - married quickly, and came out with what I put in - ex did try to say he was going for 50/50 until I went mental at him with a few facts that he wasn't expecting to hear (had done my homework).


Good luck - I'm pretty sure we all have your back


Jx

Detroit

The ex partner is demanding the OP pay him a sum of money to avoid him taking action against her father.

The OP did not commit the assault and the ex partner has no basis upon which to try to claim money from her in respect of the incident.

This can in no way be likened to a letter before action, or any other pre action protocol.
Firstly because it has not been issued in a manner that would be acceptable to any court; secondly, because it has been 'issued', for want of a better term, to the wrong person.

For Guest to be correct, the ex partner would need to have written to the father with his claim.

To involve the OP is clearly an attempt to extort money from a person who he has previously abused and the OP is perfectly correct in reporting this to the police as the ex partner's actions are harassment.

To try to present this in any other light is poor advice indeed.

Guest101

Detroit wrote: »

The ex partner is demanding the OP pay him a sum of money to avoid him taking action against her father. - Demanding with menaces? No, the Ex is offering an out of court settlement. The OP can reject it with no repercussions.

The OP did not commit the assault and the ex partner has no basis upon which to try to claim money from her in respect of the incident. - Except that it's often appropriate to ask if family want to help before commencing legal action which will add to the overall costs.

This can in no way be likened to a letter before action, or any other pre action protocol. - I didn't say it was a letter before action. I'm saying it's not blackmail. the 'threat' (or the blackmail) is only that legal action will commence, which is the threat a LBA makes.
Firstly because it has not been issued in a manner that would be acceptable to any court; - Obviously. secondly, because it has been 'issued', for want of a better term, to the wrong person. - I totally agree.

For Guest to be correct, the ex partner would need to have written to the father with his claim. - I didn't say it was a LBA, I'm saying the threat is not a menace

To involve the OP is clearly an attempt to extort money from a person who he has previously abused and the OP is perfectly correct in reporting this to the police as the ex partner's actions are harassment. - Harassment, possibly. irrelevant as he's breached a restraining (or possibly a non-mol) order. But its not blackmail.

To try to present this in any other light is poor advice indeed.

It's not blackmail and that's what the OP asked.


It can be other things and I didn't disagree with that. Just explaining the law on blackmail.

Gingernutty

If the OP's father has a criminal record as a result of the assault, the OP's ABUSIVE husband should have claimed from the Criminal Injuries Compensation Authority.

By breaking the terms of the Restraining Order to harass you over the injuries, he's digging himself further into the hole he's dug for himself.

breaking_free

Gingernutty wrote: »

... the OP's ABUSIVE husband should have claimed from the Criminal Injuries Compensation Authority.

Oh but he has! Last year he emailed me a photo of a solicitor's letter showing the release of the first tranche in the amount of £68,400, paid by the Criminal Injuries Compensation Authority. Goodness knows how much more he received if the first part of the payout was that high.

EDIT: Looking over past emails he was claiming that he would receive £85,000 in total, but I only saw a photo of the first letter, not subsequent ones. I'll assume he did receive the full £85,000.

breaking_free

Wow, wow, wow. Gingernutty's post got me thinking so I started Googling CICA vs Civil claims.

Unless someone finds some other facts to contradict me here's what I've found out.

1. The time limit on personal injury civil claims is three years. The clock is ticking - my abusive spouse has less than a year to make a claim.

2. If he chooses to double-dip by pursuing a higher value civil claim against my father and succeeds, he'll have to repay CICA the amount that they paid out (for example, if he sued my father and received £100,000, he'd have to pay £85,000 of that to CICA). Because he used a no-win-no-fee firm, they took 25% of his payout. I doubt that CICA are going to reduce the amount they ask for by the 25% the solicitors took! Horrid ex spouse could end up seriously out of pocket if he goes down that route. http://www.criminalinjuriescompensationuk.com/how-can-i-make-a-civil-compensation-claim-for-criminal-injuries/

This changes things considerably hey?

Dird

Why haven't you already sold the Irish house if you're living in the UK now?

LilElvis

Sorry OP but I can see why your ex is angry. Your father must have inflicted pretty serious injuries to have received a custodial sentence and for the CICA to have awarded him such a high level of compensation. Perhaps your father should pay him the money - why should taxpayers foot the bill?