can i make a claim for criminal defence cost in the small claims court?

zagfles

Proxima_Centauri wrote: »

Sorry, what part of this sentence don't you understand? :

Ignore the troll. You'll find the ignore list a useful function.

If you're going to make political points about this, maybe start with the political pressure put on the police and CPS to "believe the victim" whatever and take on cases like this one, an alleged assualt in a crowded tube station with no witnesses and CCTV which pretty much proved the allegation was impossible, yet the CPS decided to prosecute:

http://www.telegraph.co.uk/news/uknews/crime/12144963/Commuter-who-walked-past-actress-at-Waterloo-station-cleared-of-bizarre-sex-assault-claim.html

Then find which MPs of which parties support this "believe the alleged victim whatever" mentality.

bearcat16

I'm pretty amazed by people saying "the system worked" etc. It's pretty clear the system did not work, unless the system is to punish innocent people, and charge then £20k for the privilege.

The police were at fault for failing to investigate the matter properly and you have every right to sue them. The crimebodge website will give you the info you need.

As for this woman, I'd also sue her.

FBaby

It is pointless to ask for advice since ultimately, all we have is your interpretation of the situation and in most such situation, that's what it comes down to: interpretation. It doesn't mean you're wrong, she's right or vice versa, it means that you consider what has happened very differently.

For instance, you say in your first post that you were having dinner and she suddenly got very angry and yet had no idea why. Well that tends to insinuate that you missed something in terms of interpretation as clearly you don't go from calm to irate to the point of violence without any reason and if you believe it was all orchestrated just to get you arrested, this is likely to be fantasy.

As for advice as to what to do? Seeking revenge by suing her for the costs of fighting your case, highly unlikely unless you can evidence that there was intentional malice in her behaviour, and surely, that should have been part of your defense then.

However, you should be entitled to getting your property back. How to go about it? Very easily: You get your solicitor to write to say that you want your property back and you are asking her to respond providing a number of times when she will be available for it to be picked up as well as names of who she will accept to do so on your behalf (be it friend/family/moving people), and cite clearly the items you expect to be handed over. Give her 2 weeks to respond. If she doesn't, get solicitor to write again to say that as you haven't heard, you will take her to small claim court. It will go in your favour that you had attempted in a reasonable manner to retrieve your belongings.

If you really can't pay for a solicitor to do these letters, write them yourself and get someone she knows who is as neutral as possible to send it on your behalf.

[Deleted User]

I can't really understand how this happened to the OP. When I was in a situation with an ex, where there had previously been violence, I had been in a refuge (because of his behaviour), he was knocking on the door for half an hour at the time, resulting in me and the kids huddled scared upstairs evening after evening. The police said they couldn't stop him knocking on the door or texting if he didn't utter any threats. I said that he was contacting me constantly, we were being harrassed.., but nothing was done. To be honest, I think it was decided I was a mad woman, god knows why I wasn't doing anything to indicate that. Even my older son tried to explain how threatened we felt (he was over 18). Police just weren't interested.

They even believed my dogs were his (god knows how) and insisted I hand them over to him in spite of me having proof I paid all vet bills, insurance etc. They really did insist I did this (apparently what they should have done was advise I could hand the dogs over or insist the situation went to court - they never mentioned that option at all). Fortunately, having achieved what he wanted he brought them back within a few hours because he didn't actually want the dogs, he just wanted to hurt me.

It has meant that if ever I need help, the police are the last people I would contact. It also meant that that situation went on for months and I was helpless to stop it. It was awful for me, but worse for the children. Women's Aid backed up what the police said. Without threats being made, I couldn't do anything. I still can't believe it. I will never ever forget. I know how alone you are, I know how unprotected. It changed everything for me.