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Cease and Desist Letter?

(10 Posts)
SwearyGodmother Tue 07-Feb-17 13:02:09

Is this such a thing in UK law? I've been reading up online and have read conflicting stuff about them.

I'm in the position where I'm receiving unwanted communications from someone who I have asked not to contact me. I've blocked them from my mobile/email/social media etc but they are now writing to my home instead. I find this quite distressing (I have significant mental health issues that they are aware of) and really want it to stop.

Can I get a solicitor to write to them to stop? Or is it not worth the fee? Is there something else I can do?

prh47bridge Tue 07-Feb-17 13:21:55

You can get a solicitor to write to them but it carries no legal force. I would suggest reporting the matter to the police. This sounds like it may be harassment.

EnormousTiger Tue 07-Feb-17 17:22:59

Cease and desist letters certainly do exist although they are not legally defined quite like that - it is just a letter usually from a lawyer asking someone to stop something which might be unlawful. Can you not just throw their letters away without opening them when they arrive?

HowDoYouExplainThis Tue 07-Feb-17 23:25:34

It does exist, in my experience at least 2 are sent to be able to show the court that you've asked them to stop and they haven't if you're applying for a restraining order.

Contact 101 and file for harassment they can give warnings and serve police harassment warnings

SwearyGodmother Wed 08-Feb-17 08:21:08

I'd rather not go to the police (this person has filed falsified complaints with them about me in the past and I want to show that I am not like them) which is why I thought a solicitors letter saying that if they don't stop we wouldn't have any other available course of action.

I can, and often do, throw the letters in the bin without opening them but the fact that they're still coming is the issue - it almost feels like an assault or violation that they're invading my home with their presence. I know that sounds dramatic but seeing their writing on an envelope causes me a physical, visceral response.

acatcalledjohn Wed 08-Feb-17 08:34:25

I'd rather not go to the police (this person has filed falsified complaints with them about me in the past and I want to show that I am not like them)

But you categorically aren't like them on the simple basis that you actually have proof of harassment. Save all letters from now, don't open them but save them in a box and once you have a few, report it as harassment.

A cease and desist letter means (and therefore will result in) very little so is a waste of your time and money.

KarmaNoMore Wed 08-Feb-17 08:39:46

Yes, don't bin the letters, let them pile up (away from your view), this is the evidence you need when you are asking for a restraining order, it helps you to be heard by showing a pattern of behaviour, otherwise he can say you are making a mountain out of a molehill.

The letter from the solicitor doesn't have any legal value but it serves as evidence that you formally asked him to stop and he didn't.

Allthebestnamesareused Wed 08-Feb-17 15:43:35

Usually over here we would call it a "letter before action". Then of course you have the right to the "action" which is start court proceedings. In your case it would be a Protection from Harassment Order.

Definitely keep any evidence (eg letters etc, and details of any verbal harasssment etc (diary) as this is what would be used to pursue court proceedings).

prh47bridge Wed 08-Feb-17 16:34:41

Usually over here we would call it a "letter before action"

The letter does not need to come from a lawyer. You can write it yourself. It simply needs to tell this person that you will take legal action if they do not stop.

However, I agree with acatcalledjohn. Reporting what sounds like it may be criminal behaviour to the police does not in any way make you like someone who makes up allegations. You are not like them. Reporting them to the police will not make you like them.

Hygge Sun 17-Dec-17 11:12:04

Do you mind me asking, did you ever take any action and how did it work for you.

I'm considering sending a cease and desist letter right now, but I feel it will carry more weight if it comes from a solicitor rather than just from me. And I was looking to see if I could find any advice or a positive outcome from sending such a letter.

I'm also receiving unwanted contact from someone we have asked not to contact us, but they are still coming to the house with cards and gifts and posting messages online asking other people to contact us to ask us to get in touch with them. I worry that none of that sounds bad because it's not threatening or anything, but it's causing me a lot of stress and upset as we've asked them so many times to stop and leave us alone. We don't want contact, or messages, or cards, or gifts, or them at our door posting things through the letter box. It upsets me to know they were at our home even if it was to leave a card. We don't want them here and they know that.

I was reluctant to ask in case it brings back upsetting feelings and memories for you, and I apologise if it has.

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