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Has anyone sent a cease-and-desist letter?

39 replies

AchingLimbs · 24/08/2021 08:40

How did you do it?
Did you use a solicitor, or did you write it yourself?

Did it work?

OP posts:
AchingLimbs · 24/08/2021 10:41

Anyone?

OP posts:
TorySteller · 24/08/2021 11:43

I haven’t personally - I believe there are a few templates online that you can use, which can be sent by post or emailed. You definitely don’t need to use a solicitor.

Depending on the matter though, I’d probably be inclined to get the advice of a solicitor anyway.

AchingLimbs · 24/08/2021 12:06

Yes there are. I wanted to know if anyone had actually sent one & what effect it had…

Yes I think a solicitor would be helpful and in my case I think the recipient would take it less lightly if it had some sort of official stamp.

OP posts:
TorySteller · 24/08/2021 15:20

What’s the situation, @AchingLimbs? (Without being too outing)!

AchingLimbs · 24/08/2021 16:43

I’m interested in knowing if anyone has ever sent one & whether it had any effect!

OP posts:
2RedShoes · 24/08/2021 16:52

Yes. We sent a very expensive letter to a former business partner who was defaming DH.

It cost about £2 k, was via some well known defamation lawyers and it worked because he was a million percent lying and we had proof. (As an aside, and not entirely unrelated, the defaming party subsequently was done for fraud and embezzlement).

HollowTalk · 24/08/2021 17:12

They'd take it less lightly if it came from a solicitor?

HollowTalk · 24/08/2021 17:12

Sorry - brain fog there! Ignore my previous post!

TakeYourFinalPosition · 24/08/2021 17:33

A cease and desist for what?

Something like slander would be a lot different to copyright infringement, for example.

I’ve sent a few - professionally, mostly, but also two personally.

Marni83 · 24/08/2021 17:35

@AchingLimbs

Yes there are. I wanted to know if anyone had actually sent one & what effect it had…

Yes I think a solicitor would be helpful and in my case I think the recipient would take it less lightly if it had some sort of official stamp.

Well yes If it was just written from you, it really means squat all.

However a solicitor won’t write one just like that. There will need to be, from their perspective, sufficient evidence that the behaviour warrants such a letter

Marni83 · 24/08/2021 17:36

It needs to be illegal behaviour btw

Marni83 · 24/08/2021 17:37

It’s a pre action letter op

Not something you rock up at a solicitors office and say… write me one will you please?

CarlottaValdez · 24/08/2021 17:41

I write them fairly often at work and receive them too.

What’s the thing you want them to cease?

AchingLimbs · 25/08/2021 10:41

Thank you for sharing your experience, @2RedShoes that's the kind of thing I was wondering about! It sounds like it worked in your case, and having proof must have helped.

@Marni83 You can just write them yourself, and if you are thinking of, but haven't yet, taken legal action, they can be meaningful and provoke some action. I'm not sure that that's true, that a solicitor wouldn't "just write one". As you say, if the behaviour is illegal and with sufficient evidence, they seem to be pretty willing. I'm wondering if these actions provoke behaviours or whether they work, or perhaps reinforce good behaviour. I am aware that it needs to be illegal behaviour, I've done the research, but now am considering whether to send one or not. If one doesn't "just rock up" and ask for one, how else does such a letter get sent? I'm puzzled!

@CarlottaValdez It is for harassment. I am receiving repetitive phone messages from my father, and the last batch were of a sexually violent and aggressive nature. He has autism and is an alcoholic. I have already asked him to stop doing this, on a number of occasions, but I think that receiving this sort of letter from a solicitor, along with a call/visit from the police, would help him understand the severity of his actions.

OP posts:
Marni83 · 25/08/2021 11:36

Ok

How can they be “meaningful” and “provoke some sort of action”

It’s a pre action letter

You ask them to stop illegal behaviour or you will - and then you state what you will do ie take out an injunction.

Marni83 · 25/08/2021 11:38

You can write them yourself

But really - it’s just a personal letter asking someone to stop doing something.

Marni83 · 25/08/2021 11:38

This is stalking.
Harassment.

Go to the police.

WeAreTheHeroes · 25/08/2021 11:42

Go to the police - it's a police matter and not something you should be incurring costs to deal with. He's committing a criminal offence.

Marni83 · 25/08/2021 11:43

And an alcoholic… will not be following a personal letter asking him to stop when he’s off his face

AchingLimbs · 25/08/2021 11:59

Thanks, @Marni83 I know it's a pre-action letter, I'm well aware of what it's for.

The police have said I can go ahead and send one, it will be a way to take action speedily while they look into the case. I also know how my father functions. Despite his alcoholism, I know he would react to a letter like this from a solicitor (there is history).

I don't really need discussion about what one is. My question is whether anyone has sent one, and what the outcome was. Thanks for your comments Smile

Has anyone sent one in these circumstances? I wonder if I should ask on the Relationships forum?

OP posts:
Marni83 · 25/08/2021 12:01

A solicitor letter
Absolutely

My point was… just from you? No

Olympiadreamer · 25/08/2021 13:07

Just block his number?

AchingLimbs · 25/08/2021 13:30

Thanks - I’m not looking for advice about the actual matter, I’m asking if anyone has sent a letter like this before.

OP posts:
2RedShoes · 25/08/2021 14:31

I'd go to a solicitor. If he is sending sexually violent messages and harrassing you and the police seem unwilling to handle it then deffo approach a solicitor. I'd approach one who specialises in family law as they more often or not have experience with domestic violence. I used to be a family law solicitor, FWIW and I would certainly send a cease and desist letter along with a threat for a non-mol order if he persists. As a parent he is an 'associated person' which means you can apply for a non-molestation against him. If he breaches it he can be sent to jail. I have seen that happen a few times in my (former career).

But the situation, if you were my client sitting in front of me would have been as follows- send a letter telling him to stop, and explianing your next steps. Then the next steps.

I would not hesitate personally. Good luck.

BillieSpain · 25/08/2021 14:38

The OP wants to know if anyone has done this.