Threatened with legal action re: online review

Aquamania

Grandad_81 wrote: »

Hello, I hope someone can offer some advice. About 2 months ago I arranged via a trader review website to have someone come and quote for a job. They failed to turn up giving a pretty poor excuse when I contacted the to find out whether they were still coming. I posted a review online on the trader website stating what had happened.

The website makes you review quality and other categories that were not relevant so I just picked 3/5 for those and wrote in my review I'd had to guess those as the trader hadn't shown up. 2 months later, I've now had an email from the trader asking me to clarify the review or he will take legal action.

Does anyone have any advice? I've replied to his email saying that it was an accurate review on the basis of what he told me at the time. He has replied saying he is 'taking further action, please be advised'.

If you are certain the review is honest & truthful, then you've little to worry about.
But you also admit
"The website makes you review quality and other categories that were not relevant so I just picked 3/5 for those and wrote in my review I'd had to guess those..."

So it sounds like you are on a sticky wicket. I would suggest you amend or remove the article and hope that is an end to the matter. Libel cases are very expensive to defend (you won't get legal aid), and unless you can prove what you wrote was honest and truthful, then there is no certainty you will win.

mattyprice4004

hollydays wrote: »

Not only all that's been said above, but, you didn't actually even waste a day in because he told you he wasnt going to attend.

Isnt it unusual for consumers to ring up and check the trades person is coming?

Do you think it's a possibility the problem could be with you?

So the problem is them, because a trader didn't turn up?

(Text removed by MSE Forum Team)

shaun_from_Africa

hollydays wrote: »

Isnt it unusual for consumers to ring up and check the trades person is coming?

It's not unusual for me.
I normally wait about half an hour after the latest time they should be with me and if they haven't called to state that they will be delayed, I always phone them.
Every person I've ever employed has a mobile phone so if they are going to be late or cancel, I don't think it's too much to expect them to call to let me know what's happening.

Aquamania

Davesnave wrote: »

People rarely take others to court. It's typically a very expensive process and frequently more time consuming than it's worth.

It would be madness to sue for defamation in this case, as so many sites exist, full of bad reviews. It's 'normal.'

The Sex Pistols issued a famous song in late 1976 - it could have been written just about you

And the amount of people (typically youngsters over the age of 18) who have expressed to me surprise at receiving a court summons, despite me telling them in writing I would do so staggers me.

I remember one individual who was ony 18 years and 4 days old on the day they entered into a contract they failed to keep, and eventually received a court summons. I didn't know they were only 18 years & 4 days old when they entered the contract as they had fraudulently entered into similar contracts with others for at least a couple of years previously - I only found out when the court sent me his laughable defence.

In the end I was contacted by his mother explaining how he was bricking himself at the thought of having to attend court, and asking how we could resolve the matter without such action. I explained if I received the money demanded in full, then there would be no reason to pursue court action. She told her son to pay me the money in full immediately (which he did).
It wasn't much, but with the court fees, it more than doubled the original contrarctual value that was in dispute.

I think it was an rather sad case on reflection, but hopefully he learnt his lesson early in life not to think he can abuse others and hope to get away with it.

arcon5

hollydays wrote: »

I don't see if it's conforming to the sites terms to give a review based on someone who hasn't done the job.

Go into the site again and check the terms and conditions you signed up to when you left your review.

That's irrelevant. If op broke the terms set out by the website then that is a dispute between them two - the contractor can't turn round and use the third parties terms as a basis to sue op.

arcon5

Aquamania wrote: »

The Sex Pistols issued a famous song in late 1976 - it could have been written just about you

And the amount of people (typically youngsters over the age of 18) who have expressed to me surprise at receiving a court summons, despite me telling them in writing I would do so staggers me.

I remember one individual who was ony 18 years and 4 days old on the day they entered into a contract they failed to keep, and eventually received a court summons. I didn't know they were only 18 years & 4 days old when they entered the contract as they had fraudulently entered into similar contracts with others for at least a couple of years previously - I only found out when the court sent me his laughable defence.

In the end I was contacted by his mother explaining how he was bricking himself at the thought of having to attend court, and asking how we could resolve the matter without such action. I explained if I received the money demanded in full, then there would be no reason to pursue court action. She told her son to pay me the money in full immediately (which he did).
It wasn't much, but with the court fees, it more than doubled the original contrarctual value that was in dispute.

I think it was an rather sad case on reflection, but hopefully he learnt his lesson early in life not to think he can abuse others and hope to get away with it.

And I suspect that was a case of breach of contract - a simple money claim.

Op has no contract with him - and the case is that of libel (or defamation or whatever it's called) - and hardly going to hit the small claims track, often resulting in legal fees being recoverable. Big big money to whomever loses

antrobus

Aquamania wrote: »

The Sex Pistols issued a famous song in late 1976 - it could have been written just about you ....

Anarchy in the UK? It's coming sometime, maybe. I'm not quite sure I see the relevance myself. But hey ho, what do I know.

Grandad_81 wrote: »

....Does anyone have any advice? I've replied to his email saying that it was an accurate review on the basis of what he told me at the time. He has replied saying he is 'taking further action, please be advised'.

There are some things that are worth fighting about. This isn't one of them.

Davesnave

Aquamania wrote: »

The Sex Pistols issued a famous song in late 1976 - it could have been written just about you

Odd, then, that you go on to write 4 paras about yourself!:rotfl:

hollydays

Grandad_81 wrote: »

Nice of you to decide for me my day wasn't wasted. I had taken a day off work to get the quote so it was wasted actually and cost me a days leave. And I rang to check what was happening after he had failed to show up, he didn't let me know in advance. His excuse was he was moving house that day. The appointment had only been made 3 days previously, seemed a strange thing to me that you'd make an appointment and forget you were moving house!

So I'm not sure it is a problem with me that this occurred. Thanks for the suggestion though, very constructive.

Apologies, I did skip the bit where you said he hadn't turned up at all etc

InsideInsurance

He wont take you to court, deformation cases can only be heard in the high court and carry high court costs which is probably going to cost him far more than than any loss of business from the review.

As long as you've been honest and acted reasonably even if he did decide to throw his money away you would win the case and so just treat it as an interesting experience (but it wont happen)