Cease and desist letter

ellectrastar

I have had problems with a neighbour for a few years now. This ranges from damaging my property to being verbally abusive to trespassing, taking photos and sending numerous letters, making false claims about my character or how I have acted in certain situations.
I have had to involve the police as the behaviour has been on-going for some years and does not look to be stopping any time soon. Every time there is an incident involving the neighbour I report it to the police so there is a record.
Following a flurry of antisocial behaviour the police have now suggested that my next step would be to send the neighbour a cease and desist letter. Obviously a solicitor can do this for me but it's a cost that I cannot really bear. I have looked online and can see templates that I could use myself but wanted to ask here if anyone has done this themselves, and whether it is taken as officially as it would be from a solicitor? From my understanding if I have a cease and desist letter sent and the neighbour continues to carry on with their behaviour that this reinforces my claim that it is harassment.

Emmia

ellectrastar said:

I have had problems with a neighbour for a few years now. This ranges from damaging my property to being verbally abusive to trespassing, taking photos and sending numerous letters, making false claims about my character or how I have acted in certain situations.
I have had to involve the police as the behaviour has been on-going for some years and does not look to be stopping any time soon. Every time there is an incident involving the neighbour I report it to the police so there is a record.
Following a flurry of antisocial behaviour the police have now suggested that my next step would be to send the neighbour a cease and desist letter. Obviously a solicitor can do this for me but it's a cost that I cannot really bear. I have looked online and can see templates that I could use myself but wanted to ask here if anyone has done this themselves, and whether it is taken as officially as it would be from a solicitor? From my understanding if I have a cease and desist letter sent and the neighbour continues to carry on with their behaviour that this reinforces my claim that it is harassment.

I think it would depend on what you'd do if they carried on after you send the letter? If you can't afford a solicitor letter now, you presumably can't afford legal representation if you needed it later in court.

ellectrastar

I think that's something I would continue to liaise with the police about really. I am not sure what the legal process would be but I just want to know if I send the letter myself does it carry the same weight as if I asked a solicitor to do it. 

doodling

Hi,

Whilst I know nothing about the process in this part of the law, that feels like the police are fobbing you off.

The next step feels like the police should be having words with the neighbour and if that doesn't have any effect, they should be gathering the evidence necessary for the CPS to charge the neighbour with the criminal offence of harassment and/or any other relevant offences.

There is no obligation for the victims of crime to write to criminals telling them not to commit crime before the police can take action.  Indeed, suggesting that they do so seems very wrong.

Bookworm105

Emmia said:

ellectrastar said:

I have had problems with a neighbour for a few years now. This ranges from damaging my property to being verbally abusive to trespassing, taking photos and sending numerous letters, making false claims about my character or how I have acted in certain situations.
I have had to involve the police as the behaviour has been on-going for some years and does not look to be stopping any time soon. Every time there is an incident involving the neighbour I report it to the police so there is a record.
Following a flurry of antisocial behaviour the police have now suggested that my next step would be to send the neighbour a cease and desist letter. Obviously a solicitor can do this for me but it's a cost that I cannot really bear. I have looked online and can see templates that I could use myself but wanted to ask here if anyone has done this themselves, and whether it is taken as officially as it would be from a solicitor? From my understanding if I have a cease and desist letter sent and the neighbour continues to carry on with their behaviour that this reinforces my claim that it is harassment.

I think it would depend on what you'd do if they carried on after you send the letter? If you can't afford a solicitor letter now, you presumably can't afford legal representation if you needed it later in court.

this 

it is what comes after the letter that matters, not who wrote it. 
yes asking them to stop is a necessary step on escalation process, but unless they do something criminal which the police cannot ignore then you are at the mercy of civil litigation which it appears you cannot afford.

ellectrastar

Yes, I have told the police that I think it needs someone to have a word with the neighbour regards their behaviour but it seems these days that no one really wants to do anything, despite evidence I have provided.
To clarify this neighbour has damaged my property, been verbally abusive, made accusations about me saying I am violent and threatening, they have caused physical injury, and have made threats such as to put myself in front of a vehicle and see what happens, they say they are photographing me and filming me all the time, they send me unwanted letters again making false claims about a variety of subjects. To me this is all harassment. They will not leave me alone. It is just going through the process of having this recognised. If disregard of a cease and desist letter helps as more evidence I am happy to do so. I just wanted to know if I did it myself whether it's still as "legal" as coming from a solicitor.

PRAISETHESUN

Anyone can write a letter asking someone to not do something, but unless you're prepared to follow through with it then I wouldn't bother. And given it's likely to devolve into a legal matter if you go down that route, it would make sense to get a solicitor involved. Do you have any legal protection on your home insurance that might help perhaps?

elsien

If you want it to have a psychological impact, then it may be more effective coming from a solicitor. 

Although if your neighbour has  ignored everything else up until now, I’m not sure if this letter would make any difference. In terms of the law, anyone can write a letter or ask us solicitor to write a letter on their behalf so on its own it doesn’t prove anything. 

The police do have the power to act If you are providing them with evidence of harassment , without this type of letter being necessary.
That is the route I would be going down, because if I’m honest, I don’t think a letter would make the slightest bit of difference in practical terms. 

RAS

Also speak to your local Councillor who may be able to refer you for help. 

Grumpy_chap

What outcome does the OP realistically hope for from a cease and desist letter given the neighbours have ignored everything else?

What will the OP do if the cease and desist letter is either ignored or inflames matters?