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Small claims court and threats

21 replies

Deadsouls · 20/08/2015 01:22

Hello, I'm not sure if anyone had any advice or experience.
I may have to go to small claims court in order to retrieve money that I lent to an ex-friend. It's all been a very horrible experience, I've got the paperwork and so on, evidence that I'm owed money so that's not the issue.
The issue is that the person I was friends with I did used to be involved with. He's also a narcissist/sociopath who also happens to be a barrister.
Basically he threatens and bullies me by email and makes all sorts of false allegations about me, when I've ever emailed to ask when I'm getting some money. (He's paid 1/2, now need the other half).
I handed over this matter to my step father and he literally sends a polite neutral one line email chasing the money. In response, he receives a mini essay of accusations of this, that, the other. Honestly all nonsense, in July he said he was suing me for harassment, papers never arrived. June he said he was delaying payment because I disobeyed him, this month he's not paying because he's teaching me a lesson. He blackmails me saying if I pursue the money, he'll counter sue me. It's all madness.
The problem is that I have spoken personally to a couple of other people to whom he owed money (a builder and a surveyor). What he does is delay proceedings, creates false allegations and make threats.
I feel completely terrorised by this man.
The question is this;
Is there any legal way to get him to desist from his threats/allegations and so on, basically abuse. He used to do it direct to me when I was chasing the money, now he does it about me but to my step-dad when he emails about the money. I'm completely fed up with it.
Thanks on advance.

OP posts:
Deadsouls · 20/08/2015 01:24

Sorry for all the typos

OP posts:
HirplesWithHaggis · 20/08/2015 02:16

Start the Small Claims procedure, you have plenty of evidence.

Ignore the rest as much as you can. The Magistrate/judge/sheriff won't be impressed by a barrister throwing his weight around.

Collaborate · 20/08/2015 07:54

I think you'll find that when you get to a hearing he'll cave in. He won't want to look a tit in court by repeating the arguments he's put in writing to you (and you should make sure they're attached to your statement to shame him).

Deadsouls · 20/08/2015 07:58

Thanks guys for the support. I'm at the moment just sort energising myself and psyching myself up for small claims.
His bullying over a long time is no joke. Such as my self esteem has been severely affected plus anxiety/panic attacks. I've become very frightened of this person, thus he's blocked on every communication platform. So I just need to find the courage to stand up to him.

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NeuNewNouveau · 20/08/2015 08:06

Was he stupid enough to put all those threats in writing?? If so, he'll definitely want to avoid court.

Call his bluff, I would put money on him paying up at the very last minute. Probably only the night before the hearing is scheduled in order to cause you most stress though.

He will be playing a game of who cracks first so don't let it be you.

Deadsouls · 20/08/2015 08:31

Yes I have all the emails, things like...
'You'll have to pursue this through small claims and I'll counter sue you for harassment and believe me I'm happy for this to go on and on'
'If you ask for the money I'll just keep delaying payment'
'I'm not paying you next month, if anyone contacts you or anyone contacts me I won't pay next month'

The next month he paid, but not the agreed amount, then said he was suing me and where did I want the papers to be sent. Then after feeling terrified out of my wits for about 2 weeks. I realised that nothing was going to happen and nothing has happened. It wasn't real.

Now he says he's 'teaching me a lesson'....so he's not paying anything at the moment but he's looking into remortgaging a property and he may be able to pay then.
He's honestly a lunatic...seriously.

So do you think all this email stuff I have (not only to myself but to my step dad) would be damaging to his standing as a barrister if it came to court?

Is there not a process before hand in small claims where it can be settled.
He's a complete knobhead, I have to say. I say knobhead because it cracks me up!

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Deadsouls · 20/08/2015 08:33

He owes me just over £10,000 now. It was £20,000
He paid instalments until April. Then started dicking around because it transpires that he now has no money because HE BOUGHT A SECOND HOLIDAY APARTMENT IN SOUTH OF FRANCE!!!!!!!!

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cdtaylornats · 20/08/2015 08:44

You might want to complain to the Law Society as well.

YonicScrewdriver · 20/08/2015 08:59

Keep going with the paperwork, ignore everything else. He is trying to make you give up; if you want the money then you need to carry on until he's convinced you won't give up.

Or - and I'm on your other thread I think - walk away now, write off the money and put him out of your head.

Unfortunately there isn't a third option where he suddenly starts being decent because you've found the magic combination of words or actions.

StEdmundsPippins · 20/08/2015 09:09

If he's already paid part of the money, then he's basically admitted that he does owe you money, and that evidence will be quite powerful in court.

His threatening emails where he says he will pay then doesn't, are also evidence that he owes you money - as well as showing him for what he is.

And yes, I second contacting the law society about him. A man like him has no right to be representing the law - quite ironic really isn't it.

He's a deluded bully. He thinks that if he shouts long enough, hard enough, and nasty enough , that you'll back down.

Ignore all his threats and keep going, because you WILL win in all this.

(apologies for terrible grammar, a bad night and not yet through my first pot of coffee, has equated to a somewhat fuzzy head).

wowfudge · 20/08/2015 09:35

I hope you have the bit about teaching you a lesson in writing. You can use all the communication with him as evidence. If you have solid evidence about his purchase of a place abroad you can use that too. I too think he will cave at the last minute - his career will be too important to him. I'm pretty sure he cannot practise if he's insolvent so claiming he can't afford to pay you won't be an option.

Deadsouls · 20/08/2015 10:06

Thank you all for your messages of support and practical advice...what's that thing about it takes a village?
I'll respond more later as I'm going out now. But really all of you have a good day Grin

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summerwinterton · 20/08/2015 10:12

Threatening emails surely you need to go to the police? They can and will have a word. Do start the no claims now. This man ia bullying you into submission. His empty threats are vile and you do not have to put up with them.

LondonHuffyPuffy · 20/08/2015 10:15

If he's a barrister then you need to complain to the Bar Council not the Law Society. Barristers have a different governing body/ regulator to Solicitors.

He sounds awful, his conduct is outrageous and not befitting a member of the legal profession.

Have a look at the standards and ethics page.

His initials aren't TG are they?

Deadsouls · 21/08/2015 08:47

@Yonicscrewdriver, yes I'm on the other thread. This is the dilemma I face. If I'm going to start a small claim, I want to be sure u can follow through and withstand everything he'll inevitably throw at me. He's very nasty and vicious.

This is where I am with this. He has no scruples or morals,so doesn't care what he does to hurt me, only in so far as how it affects him. So......I will need to be brave to take him on.

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Dothetwist · 21/08/2015 09:10

I previously had someone owe me money, i had to instruct my insurance solicitors to act on my behalf as she was refusing to pay

There were weeks / months and some very nasty things thrown at me from her which could of seriously affected my reputation and she was adamant she wasn't paying me a penny

Well a court date was set and on the morning of the hearing she paid me the full amount into my bank.

Moral of the story... She was a bully who thought by throwing shite at me i would go away because she didn't want to pay me.
She knew that in court she would be inhilated by my solicitor and forced to pay one way or another.

I suspect the same thing ia happening here and once you have a court date you will find him making payments.
If he cannot pay you the full £10,000 in one go you still need to go to court and have a statement set out to ensure he is forced ro pay each month or you instruct bailiffs

wowfudge · 22/08/2015 08:25

London - very good point. I was reading the advice to contact the Law Society and thinking it wasn't right, but couldn't for the life of me remember the Bar Council's name.

FreeButtonBee · 22/08/2015 08:31

The only thing is your claim for £10k is too big for the small claims court. Please check. I think the limit for claims is £5k. In which case you'd have to go to the county/district court which is much more formal and easier to fuck up with out a solicitor. Suggest you speak to CAB who may be able to advise you but you might need a solicitor to represent you

Deadsouls · 22/08/2015 08:47

I looked on CAB website. The claim is just over £10,000 (because of interest accrued), I can still make a claim, and include all the emails and so. His emails are so incriminating, and show him in such a bad light, I can't imagine that he will want this to come out.
I have tried to suggest a payment plan, my step-father has asked for his suggestion of a payment plan which I am open to, as long as its reasonable. It's been months and months. I ghagve not ever and neither has my step dad been rude, personal, threatening, intimidating or anything. I would even do mediation.... But the man is on some mad, vengeful vendetta. I think it's crazy, not least because all the emails he sends could be so potentially damaging to his career. I've also logged calls to the police. I mean I could not have done anything more to facilitate an amicable agreement with this money. What do you do with someone like this?

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prh47bridge · 22/08/2015 09:19

The only thing is your claim for £10k is too big for the small claims court

No it isn't. The limit was raised to £10k a couple of years ago.

GreekDogRescue · 03/05/2023 18:27

Any update OP?
I hope you took him to the Small Claims Court. It’s important to stand up
to bullies.

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