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Shirl

Would you give in?

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I am in disagreement with a company over some bathroom bits we bought. It's a long story but I'll try to keep it brief.

 

We made a large order with an agreed week of delivery. Said company didn't deliver everything. We cancelled the outstanding items and bought them elsewhere. The company didn't refund us. We had to go to our credit card company to get the refund. One of the items supplied was sent in an unuseable condition. We asked for the correct parts to be delivered but the company ignored our requests. We are going through the process of getting a refund for the item from the CC company.

 

We now have a part that has developed a fault (after 2 months) rendering the shower unuseable. The company have ignored our request for repair/replacement and we are trying to get a refund or spare parts by an alternative route.

 

So I have been writing about our experience on another website. The company concerned have read my comments and have threatened to sue me. They have already had my comments and other negative reviews, (there are no positive reviews) removed from Ciao and another site. The problem being I have said one thing about the company which I believed to be true but may not be. This was posted at 20.30 hours and then removed the following morning at 10.30 after I got a call from the company threatening me. After I removed the questionable statement I got an email telling me everything needed to be removed or they would sue.

 

Realistically I know it costs a fortune to sue for slander/libel. Given that the questionable statement was on the net for 14 hours most of which were sleeping hours damages would be negligable. Over the past 3 months my moaning on the subject has been read 1,000 times. The rest of my account is absolutely true. I kick myself for not double checking the questionable information before posting it but we all do silly things and you live and learn.

 

So as in the title would you give in or keep all the information on the 'net?

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I would seek advice from trading standards, BBC Watchdog, News of the World, etc, etc.

 

I am sure the company would love the free advertising. :D

 

It sounds like they are just bullying you. Do they really want the bad press of suing you and losing?

 

I would also issue a statement on your internet post retracting what was said in error with apologies whilst standing by what you can prove to be true.

 

Then again it would depend on the amount of money concerned whether I could be bothered with the aggro or not.

 

I doubt they will be trading much longer with that kind of attitude anyhow.

 

Kev.

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I'm not sure about them suing you - sounds like a load of old nonsense to me though - but I'm fairly sure they were under a legal obligation to refund you within 30 days after you cancelling the original order, which they didn't do. With the goods that were delivered faulty, I'm sure they're legally obliged to cover the cost of return and refund/replace. Likewise with the part that's developed a fault - I think if you get a fault within 6 months you can asume the fault was there on sale and so you're entitled to a refund.

 

Maybe check your rights under the Distance Selling Regulations, and Sale of Goods Act etc and threaten them with legal action instead.

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Thanks everyone. I have contacted Trading Standards just to check on my rights and they confirmed what everone bar this company knows. This company told me DSR doesn't apply because I'm local to them. What a joke. I did point them at the DSR and Sale of Goods Act so they could give better service but they just don't answer calls or emails. Even the credit card company say they have got nowhere. You get a promise of a call back from someone who can help and then get nothing.

 

I'm hoping the faulty item the credit card company will replace even though it is under £100 as I have heard they have done this in the past. If not it will have to be the small claims court. It isn't the money but more the principle that they think they can get away with this. From what I have read they are doing this to quite a few people. I guess I am hesitant because of what I had written which may not be true. I feel as if I don't want to push them into a corner which makes them feel like they have to sue to save face if not money.

 

I have to confess to being stressed about this especially when the postie comes. I can't help but think it'll be a recorded letter.

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I am really sorry to hear this Shirl. It really makes me angry when companies treat you badly. :evil:

 

All I can say is we had to ring Consumer Direct which is got through the Standard Trading Office (and I am sure that is where you got your advice.) They do have solicitors on there and maybe you could mention your problem with the message on the internet.

 

We have had to use the Consumer Direct ourselves in the past and the advice was invaluable. Under the sale of goods act 1979 the goods must be fit for the purpose as described - I would say they are not and go to the small claims court.

 

sue

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I have to confess to being stressed about this especially when the postie comes. I can't help but think it'll be a recorded letter.

 

Thats what they are after.

 

I would do as suggested above, post an "apology" for the incorrect statement, or any statement you can't substantiate, and for the outstanding items pursue them as far as you want to via the Credit Card Company, or the small claims court.

 

They will not want a court judgement against them - seriously affects their credit rating with the different agencies, and therefore what credit their suppliers will give them. I suspect therefore they are going for the "attack is better than defence" stance, on the basis that they have no defence...

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As I understand it (and I'm not an expert, no legal training) for someone to successfully sue for libel they have to prove either a financial loss or a loss of prestige. If what you wrote was the truth (except for the 1 comment which you're not sure about) and you can prove this then they're on to a loser.

 

I would definitely pursue them through the small claims court. We did this successfully a couple of years ago when a company's work made our roof leak and then they wouldn't make good their mistake. The claim was all done online and it was only a small fee.

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I wouldn't worry to be honest and I wouldn't remove all the rest of the stuff either. You're allowed to make 'fair comment', so you can say that they're rubbish if you want to. You took the offending comments down promptly when asked and hardly anyone will have read them so I'd have thought they wouldn't have a case. If it was on a forum isn't that classed as slander not libel? In which case it would be even less likely they'd pursue it. I'd put your efforts in to getting a refund!

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My advice for what its worth - I have some experience of criminal law in a past life - is that it is an awful lot easier for a company (even one likely to go down the tubes shortly) to afford the amount of legal advice necessary than an ordinary individual.

 

Libel law is not run of the mill and the solicitor who sold your house is not likely to be able to take it on, without getting costly advice elsewhere.

 

So I would seek reimbursement from SCC or the CC but I wouldn't post any further statements about them.

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Annoying as it is sometimes the fight isn't worth the stress on you (which is how these companies get away with bad service :evil: )

 

I'd be tempted to let it all blow over then put up a shorter review sticking to the basic indisputable facts in a few weeks.

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My advice for what its worth - I have some experience of criminal law in a past life - is that it is an awful lot easier for a company (even one likely to go down the tubes shortly) to afford the amount of legal advice necessary than an ordinary individual.

 

Libel law is not run of the mill and the solicitor who sold your house is not likely to be able to take it on, without getting costly advice elsewhere.

 

So I would seek reimbursement from SCC or the CC but I wouldn't post any further statements about them.

Thanks. Would you suggest the statements that are already on the 'net should be removed? I am loath to do this because it is my only way of warning others. If someone searchs the name of the company my "review" comes up in the first 1/2 dozen posts.

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Thanks. Would you suggest the statements that are already on the 'net should be removed? I am loath to do this because it is my only way of warning others. If someone searchs the name of the company my "review" comes up in the first 1/2 dozen posts.

 

Shirl yes I would, and I know it galls but in the absence from someone offering categoric and specific advice that what you have said thus far is free from any risk to you.

 

What I mean by that is that a lawyer on this forum will look at the specifics and say "Yeah go ahead".

 

Good Luck :wink:

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I was under the impression that this was still a free country. (I could be wrong)

 

If the company in question is so blameless then they wouldn't mind being named would they?

 

I am not a lawyer, but I don't think there is anything wrong in sharing your thoughts in a constructive manner.

 

If it really is getting you down, then watch this

 

 

Sometimes the bullies pick on the wrong guy, their share price plummeted when he bit back :D8):lol:8):lol::D

 

Kev.

 

Edited; to say this was not a response to the previous posts that snuck in when I wasn't looking (i.e. before I posted) :D

 

Edited again: to say that when I said 'Looking' I meant 'Reading' and apologies also because I am not sure 'Snuck' is a real word.

 

I stand by remarks about bullying though. :wink:

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hey

 

I'd ignore the threats tbh it would cost them a fortune to take you to court and they aren't likely to follow through on that one they are just trying to get you too back down and be quiet. As someone has said libel and slander are really complicated and they would have to prove that you have caused them material and financial harm which if they have a few negative reviews would be bloomin difficult. If you want to cover yourself then put at the bottom that you've removed that piece of information and you are sorry.

 

Sounds like this company is a pain in the proverbial and i do hope you get them sorted. I'd do as Eglutyne says and hit back with the threat of court yourself. Good luck.

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For them to be able to sue you for libel/slander the statement must be untrue, circulated for another person to see or hear (traditionally spoken for slander and written for libel) and such that a reasonable person would then think less of the individual concerned, which would obviously include damage to their business reputation, such that it is.

 

So, anything that you do not KNOW (not believe) to be true should obviously be removed from anywhere other people can see. Maybe you could just post a statement to the effect that you have had dealings with this company and are now taking advice prior to possible legal action? Not contentious but surely enough to warn any other potential customer?

 

I would also go back to them again, in the nicest possible way and offer them a solution. For instance saying how sorry you are that your trading experience has been so negative and frustrating but please could they replace the faulty part so it can be resolved to the satisfaction of both parties etc etc.

 

Make sure you look after you own interests first. As frustrating as it is to have an experience like this, if you walk away from it you should know that you have made the right decision for you in a situation that was not of your making.

 

Best wishes

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Oh I'm still confused. One minute I feel bolshy and the next I'm quaking. As the site stands now Ithere is nothing on there that I don't know to be true. Everything I have written is fact. The one part that I wasn't 100% sure about I removed as soon as the company pointed out it wasn't true (if that is the case).

 

I thought the company were going into liquidation due to a letter recieved by the CC company it reads-

 

1. Xcredit card company (XCCC) agrees to pay the sum of £xx in full and final satisfaction of any and all claims that you may have against XCCC in relation to the claim.

 

2. In consideration and on receipt of the payment described in paragraph 1 above, you agree

 

a to assign XCCC all rights and entitlement to monies that may be recovered by the liquidators of (insert rubbish company here) and distributed to you in connection with the claim so that your name may be replaced with XCCC in the liquidation proceddings for these amounts at XCCC's sole discretion;

 

b to execute further documents and do further things as XCCC may reasonably request from time to time, at XCCC's expense, by way of further assurance to confirm to XCCC all the aforesaid rights in relation to the liquidation proceedings;

 

it then goes on again to say in a longwinded fashion about informing them of any documents or matters which may be in relation to all "present or future liquidators, recievers and/or administrators of (insert rubbish company here)."

 

It also says the letter is confidential hence the disguise of names. If this is breaching it please let me know and I'll remove this post too!

 

 

I can see why the company are annoyed but that is what I thought when I read the letter.

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I did 2 years work in insolvency in another lifetime and as far as I can see that letter is just covering the credit card company for any possible insolvency. It doesn't necessarily mean the company is insolvent now.

 

Basically the credit card company is saying that they have taken on your debt and, as such, you no longer have any claim against the original company for the sum you claimed via the credit card company. They have effectively 'bought' your debt and it is up to them to seek recompense from the the original company. If the original company do enter any insolvency proceedings the credit card company can make a creditor's claim but you cannot claim for this particular sum.

 

However, I am not sure where you stand with the faulty parts in this and whether that is a separate claim you can make to the original company. Perhaps check with the credit card company or take professional advice on that one I think.

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