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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

What shall I do about reporting to police?

128 replies

shallichangemyname · 17/01/2018 10:11

I have just exited a narcissistic, controlling and violent relationship.
I have been to the police on a "no names" basis, but they worked out who he was and have told me he has a long history of violence against former partners, all recorded but nobody ever co-operated in him being charged and tried, so he's always got away with it.
They are taking this so seriously that I have been classed as high risk and referred to MARAC (multi agency risk assessment conference) and the police have informed the children's schools. I have been given a mobile police alarm.
One of the things he has done is he used to push and push and push me, and then I'd explode and he'd video it surreptitiously on his mobile phone, which I understand is typical of narcissistic abuse where they want to portray you as the mad one. He's a big drug taker and persuaded me to dabble with him, and there is one reference to this on one video (to me though, not to him).

I've been very honest with police and told them everything.
The violence never hospitalised me, it was black eyes and bruises and scratches. There is a question mark over whether I was raped (according to the law) when I last saw him. Recently he turned up at my offices, where my boss is my father, to make allegations about me to him.

The police are obviously keen to prosecute him and have told me they class him as dangerous to women (he broke his last girlfriend's jaw, I had heard a rumour about this and the police confirmed it as true).
I have given them the names of two women I know he is seeing, so that they can be offered "Clare's law".
My question is do I name him now and allow them to prosecute?
Down sides: my name is dragged publicly through the mud with his stupid videos; he potentially loses contact with his youngest child and blames me; when he comes out of prison/gets a suspended sentence he makes it his life's mission to get revenge on me (he always claimed he knows some nasty people, that he has a gun and once told me he was going to have someone killed). He won't be able to carry out his constant threats to show his stupid videos to people, or to turn up at my office.
Up sides: it stops him doing it to other women.
The police understand that in DV situations you need to be selfish and put yourself first.
Everybody (except one friend who pointed out the revenge thing) is encouraging me to name him, even three of his closest friends have told me to.

Currently I've had the police serve a PIN on him in relation to the recent harassment (he calls me incessantly, emails me, and deliberately goes to places he knows I am going to). A PIN is a formal warning notice that offences are being committed under the Protection from Harassment Act and that if he continues he may be charged. So I'm hoping that will make him stop (because he will know I've been to the police). I feel protected, in that I've had 4 home visits from the police and the child protection people and I have a mobile police alarm.
Before he left (and as a condition of him leaving), under duress I entered into an agreement to sell a house and give him the money. I now realise this agreement (which is in writing) is completely unfair. I am planning to give him some of the money but keep the rest and I'll calculate exactly what is fair and what he would get if he went to court (reflecting our relative contributions), but I know he is going to go mad. I have no choice but to do this - he's left me massively in debt and I can't make ends meet and the agreement is grossly unfair. I suppose this is another upside to letting the police charge him - that it will make it much more difficult for him to challenge this. but my motivation is absolutely not financial.

My dilemma is do I do the "right" thing for all women (let him get charged and co-operate in a prosecution) or for me (wait and see if the PIN works)? What would you do, putting yourself in my shoes?

OP posts:
shallichangemyname · 21/01/2018 17:37

He has to sign the contract as he is living in the house. He thinks he is getting his money so he will leave. Presumably if he doesn’t I can quickly get him evicted and that’s the purpose of him signing the contract. Then I’ll send him a long legal letter with a schedule and bank statements showing what he put in and what he’s having and will transfer the sum I have calculated.

I could argue that we should share the profit in proportion to our relative contributions which will effectively mean he gets little or nothing. But I will take his claim at its highest and give him half of the net equity after returning to each of us our financial contributions. Then I’ll deduct what he owes by way of mortgage payments - he never paid his share of the mortgage on the one he’s living in and for 7 months he didn’t pay his half of this one either. Then I’ll defuct other sums he owes me. He bought 3 private plates and never refunded me and he sold a car I had bought for £11k which he then kept.

I think he will end up with very little bit it will all be calculated properly.

It will be too late for him then, he will have moved out already. His only option will be to sue me, I’ll argue duress and that the old agreement is invalid. And if I have the bank statements to back up my schedule then what I will have given him is the most a court would give him. I’m confident a duress argument would work.

My firm is doing the conveyancing. I am the client. Money laundering regulations mean that they would refuse to pay the money out to him (he doesn’t even have his own bank account he’s so dodgy, he uses an account in his mother’s name). The conveyancer has said he will pay all the money out to me and then it’s up to me to distribute it.

My immediate problem is protecting myself in the meantime. If he gets charged now, sale falls through and I have to arrange and pay for his stuff to be moved out. If I wait, house sale likely to go through. Police confirmed today they won’t serve a PIN so it seems my only option is a non-molestation order from the family courts. The problem with that is it may tip him off about my intentions about the house (I must at the very least allude to the duress otherwise it weakens me when I raise it later). The ohalfway house option is a solicitors letter telling him to keep away, that the police have been informed, that I am now aware of his long history of violence against women, that I have reported his behaviour to the police (currently on a non-names basis) and that if he contacts me or approaches me then I will give his name to the police and will apply for an injunction.

Thoughts on this? For what it’s worth he is now staying away but I don’t think this will last. And I’ve got the police mobile alarm if he does do anything.

OP posts:
shallichangemyname · 21/01/2018 17:38

Sorry my posts are so long. It’s cathartic getting all this off my chest!

OP posts:
shallichangemyname · 21/01/2018 17:39

I have no cash for an eviction. I am in debt to the tune of £65k including an overdraft and credit cards. However someone has offered to lend me the money if I need to go down that route.

OP posts:
Offred · 21/01/2018 18:20

Have you considered the possibility that he is already planning on not leaving until you pay him the money he wants and he may just decide not to sign?

Offred · 21/01/2018 18:23

And surely if his right to live there is based on a tenancy agreement that includes rent and he hasn’t ever paid then he isn’t a tenant, he’s an excluded occupier and all you need to do is change the locks when he is out of the house.

cestlavielife · 21/01/2018 18:48

Why does he need to sign anythi g to do with sale?
House is yours. Mortgage is yours.
Why does he have anything to do with the sale?
Is he expecting money before the sale?
What status does he have? Tenant or lodger or what ?
Why should he move?
What is to stop him sitting tight?

cestlavielife · 21/01/2018 18:50

What is a "private plate" ?

cestlavielife · 21/01/2018 18:53

Where is he intending to go when he leaves the house? He has something lined up?
Because if he doesn't then he has no reason to leave a rent free house... plan on having to use legal means to evict him...

So even tho it none of your concern... You have to consider he has no intention of leaving

Karigan1 · 21/01/2018 18:57

Why don’t you just do what all the others did and walk away letting it happen to someone else. How do you feel that that happened to you?

Ffs stand up to the bastard and prosecute him.

butterfly56 · 21/01/2018 19:00

OP I know this may be an obvious question but have you installed CCTV outside and inside your home. You can also get a seal for your letter box and have your mail redirected to your dad's house.

I know all this may seem OT but when you are dealing with someone who is so unstable you cannot take chances.
Install a video doorway entry camera so that you can see who's at your door. Put extra locks on your doors.

If you have any sightings of him at all always video them no matter if he's just across the road or in the pub. Get all your friends who are with you to do the same.

A lot of this is to give yourself control over your own safety.

As for the situation with the house sale I would put practical measures in place to protect you and your home before the sale is completed.
Flowers

Offred · 21/01/2018 19:04

He’ll need to sign to say he’ll vacate I imagine but also if he’s a massive twat you can’t count on him to sign before he gets the money he wants anyway.

But you don’t need to ‘evict’ someone who simply has a licence. What’s not clear is what type of occupation he has.

Generally between family/friends there’s no legal contract (as no assumed intention to create legal relations), there was a tenancy agreement which might have given rise to a legal contract but if he hasn’t paid any rent then there wasn’t any consideration and I’m not sure whether that voids the contract (meaning he simply has a licence) or is a breach (meaning he is a tenant but in breach and would need to be evicted).

I’d certainly be arguing that despite the tenancy agreement it is clear that he never intended there to be a legal relationship because he never intended to pay and never paid any rent.

Maelstrop · 21/01/2018 19:07

What is a "private plate" ?

Registration plate for a car.

I think as an excluded occupier, you can definitely go round and change the locks. Dump his crap at a mate’s or his mother’s, wherever you can. The tenancy agreement doesn’t stand up due to lack of payment so I don’t think that’s a problem. However, waiting for the sale makes sense and I see why you’d want to wait it out.

Please look after yourself, OP, this guy is an utter bastard by the sounds of it.

Offred · 21/01/2018 19:08

I suspect no matter whether it was called a tenancy agreement or not it would be construed as a licence because though he has exclusive use and he has a specific term (until sale), no rent has been payable.

Maelstrop · 21/01/2018 19:11

Re him signing to say he’ll leave, the owner needs to sign the house will be vacant possession on completion date, not whoever lives there. The sellers of my last property ticked the wrong box saying they wouldn’t leave vacant possession but this didn’t cause any problems.

Offred · 21/01/2018 19:14

IMO he holds ALL the cards while he is in the house.

Presumably he wants the money. But OP you need the money.

You are depending on the sale so that you can pay your debts.

If he strings it out by saying ‘I’ll sign’ then not signing he’s still living rent free in your house and you can’t pay your debts.

People like him might be more interested in the control than the money. So you might assume his main motivation was to get his hands on money whereas for him right from the start it could have been about controlling you; occupying your house, blackmailing you, preventing the sale... Those things might not be the means but the ends.

Offred · 21/01/2018 19:17

Maelstrop - that’s what I thought TBH initially and that actually OP couldn’t really sign to say the house would be vacant possession unless she was sure he would go, and IMO she can’t do that. The buyers would become responsible for evicting him after the sale completes as far as I know so it would have pretty big implications.

Offred · 21/01/2018 19:27

Ah ok, it’s a separate contract as part of the sale of a house with an occupier who is not the legal owner.

The new buyers would be responsible for getting him out if he refused to go. He can just refuse to sign and then the sale would probably fall through.

But OP should also have had advice about what type of occupier’s rights he has already?

Offred · 21/01/2018 19:34

Ah no, found it now, because he agreed to pay rent he’s a tenant 🙄

Offred · 21/01/2018 19:38

So I guess the issue is really OP if you have given him notice up until the last minute and he doesn’t leave then the sale will probably be delayed or the buyers may back out if he refuses to sign the document as they’ll be responsible for evicting him if they go ahead.

Offred · 21/01/2018 19:43

If he hasn’t done any work/paid for work on the property that’s being sold, he hasn’t paid the mortgage, there is a tenancy agreement (that he is in breach of for non payment of rent) and you are not married then surely he doesn’t actually have an interest in that property (and that is why you are able to decide you want to sell it without him) and he can just be quite straightforwardly evicted from his tenancy owing you the rent he hasn’t paid.

Offred · 21/01/2018 19:44

If you think he has a beneficial interest surely he can throw a spanner in the works re selling it in the first place anyway?

Offred · 21/01/2018 19:53

What he seems to have is a small interest in the house you are living in TBH. The house he is living in he seems to simply be a tenant.

Any money you pay him surely should be legally set up as you buying him out of his share of the house you are in and how much he would get has nothing to do with what you get from selling the house he is living in as a tenant so the fair thing to do would be to get an updated valuation re your current house and work out what proportion of the valuation is his ‘share’ and offer him that. Otherwise he can wait until you sell the house you live in to get his share.

The other stuff like the plates and the car are separate issues. If you put the car in his name it’s probably a gift TBF no matter how expensive it was.

Whywonttheyletmeusemyusername · 21/01/2018 20:01

Christ, you could be writing about my ex. I backed down the first time, and withdrew all allegations because of exactly this. All the things he said he would do...he was going to the school to collect my kids, he was going to kill me, etc etc. I backed down the second/third/fourth time ...you get the picture. Eventually, after an extremely bad night, constant texts/phone calls/appearing at my house etc etc, I resigned myself to the fact that he was going to kill me, so I may as well just go ahead with the prosecution. Which I did. He got a few months (!!) (absolute joke) inside and a lifetime restraining order. He's been out for a couple of years, and found another Gf. I'm still in fear, but much much stronger than I was....and he's stayed away. Good luck op....do it. The vipers here are amazing in their support

Offred · 21/01/2018 20:05

The only sticking point is this; We bought them as joint projects

But he would have to prove this and given there was the tenancy agreement, why would you have written a tenancy agreement if you had intended him to have a beneficial interest?

NC4now · 21/01/2018 20:21

What would happen if you pulled out of the house sale? Is it possible he’d get locked up and you could sell it with him out of the picture?