Can l sue for harrasment?

[Stella66]

I have a finacial despute with someone who wants me to pay for the services which she did not carryout. Her husband, who is not part of the deal, has come to my house twice shouting outside my door and thretening me, in front of my young children.(Im a lone parent) and i think he is taking advantage of that. Can l sue him for harassment, or should l mention that when we go to court, because he says he will take me to a small claims court.
My children are now terrified when they hear a knock at the door.

[jackthehat]

I think it may be easier if you explain more of the circumstances.

What services were agreed ?
What services were supplied, etc ?

[New Judge]

The financial issue you mention is a civil matter and if it goes to court it will be dealt with in the County Court (probably the small claims section).

The threatening manner of this person’s husband is a criminal matter with which the County Court will not be concerned. You cannot generally sue someone for such behaviour. You need to report it to the police and ask them to instigate criminal proceedings if appropriate.

[Stella66]

The wife is childminder and she used to look after the children when l went to college. My contract with her was that l should give her 4 weeks notice if l need to withdraw the children. My children complained about how she treats them, and she also did not give them any snacks, which was part of the deal. So l withdraw the children, because l couldnt but their health and safety at risk because l have to give notice. We could not reach an agreement on this, so the husband is coming in to demand the money. I feel we should reach a comprimise.

[jackthehat]

As New Judge rightly says you and the wife have a 'civil' disagreement but the husband is straying into 'criminal' territory.

Did you have a written contract or a verbal one ?

[DTCwordfan]

exactly- do you have a contract as that will help define the civil side. The other 'action' is 'criminal' but you need to instigate with the Police.....and then you can get a restraining order served.

[Stella66]

Yes I had a contract written contract with wife, but it expired a year ago. We now had a verbal arrangement. How do l instigate criminal proceedings against the husband? Do l phone the police, or do l walk into the police station. He first came in on Tuesday evening, then tonight.

[New Judge]

Either.

[jackthehat]

Offering h to pay her some, if not all of the money you owe would probably nip this in the bud.

[DTCwordfan]

ok we are getting there - did your contract state anything about her behaviour and your rights to withdraw service on her 'misbehaviour' - if there is something on this, the courts would look at your verbal agreement as an extenmsion of this contract -UNLESS IT CAN BE PROVEN THAT THE NEW VERBAL AGREEMENT SUPERCEDED THE PREVIOUS WRITTEN ONE - I capitalise this as verbal agreements, if proven, override the written one - was it Thompson vs the West End Lane Parking Co that last established this basic tenet of contract law......

[DTCwordfan]

On the criminal aspect, you should contact the Police soonest

[buildersmate]

Unfortunately you cannot assume that you can cancel the contract giving no notice because of non-delivery of some of the services. In general you have to advise the supplier that the services are unsatisfactory and give an opportunity for the provider to put things right.

[lcg]

but...this is kids we are talking about...not something bought off e-bay! if there is a question as to her childminding skills - report her to social services and contact the police about harrassment. and tell them to whistle for the money...x

[DTCwordfan]

hence my question builder about the contract and rights of termination effectively....

[jackthehat]

The child-minding skills have been acceptable, it seems, for well over 12 months.........

[jackthehat]

Are you referring to Thornton v Shoe Lane Parking (1971)

[buildersmate]

Precisely. And kids are not necessarily the most objective of sources.

[DTCwordfan]

and that is a very valid point unless there has been a specific incident that challenges the original agreement.....and just because you can't suddenly afford her is not a reason, stella...unless your contract allows for such quick 'termination'.

[Hawkwalk]

I would mention to the husband and the child minder that any hint of criminal behavior will not go down well with OFSTED and may result in her loosing her licence to be a child minder. If she is happy to risk that then report him to the police but I would think that the threat of it may make them both think again.

If any husband of a child minder is willing to use threats and intimidation then I would suggest their house is not a suitable environment for children to be looked after in the first place.

[Stella66]

It is not a question of affordability that l terminated the contract. The health and safety of my children is my main concern. I know l will have to pay her something. My worry is the harrassment from someone who is not or have never been part of the contract. Even lf l owe them money, is it legal to knock at the door and shout? She has not issued me with any invoice, or any written demand.

[jackthehat]

The fact that you have withdrawn your child/ren without notice may mean that she as a family, they now have a hole in their income stream.

I agree that the husband is behaving improperly but you have caused this problem by suddenly removing your children without 'fair notice'.