Left bad review of letting agent - now being harassed

timbo58

agree with topdaddy, report them for harassment.

libel only applies if the review you gave was false and you knew it to be false and intended to cause the agent harm by posting the review.

If it's true it cannot be libel.

G_M

2 legal issues involved as others have said:

Have you libelled them? Can you prove any allegations you made? If it went to court, would you win?

Are you keeping all evidence of harrassment. If it went to court, could you win? (or rather, the CPS).

theartfullodger

G_M wrote: »

... If it went to court, could you win? (or rather, the CPS).

CPS/Police presumably would handle any criminal action, but surely OP could start civil action should he wish ???

See e.g.
http://www.contactlaw.co.uk/harassment-lawyers.html

oldbaldman

CheekCheek wrote: »

Hi there,

Bit of an unusual scenario.

Left a negative review online for a previous letting agent (they were atrocious) and we have since been harassed by the director of the company regarding said review.This has included 6-7 phone calls, a couple of answerphone messages, a couple of emails (all in the less than a week).

My partner has spoken to them on the phone and thought this was the end of the matter. However, they don't seem to be letting up and are still emailing, questioning the validity of the review and hassling for it to be removed. It's bordering on harassment now.

Where do we stand? I am questioning them now misusing our data now (emails, phone number etc.) and am going to request they remove this from their database. However not really sure where we stand on this?

Thanks for your help.

1. Was your review justified? If it was and you can prove this, you have nothing to worry about regarding a libel action, assuming also that you can demonstrate that your review was reasonable and fair in the circumstances. In legal proceedings what actually happened is of secondary importance to what either side can prove beyond reasonable doubt what happened. That is a sad fact of life.

2. Do you and your partner feel harassed or not? In one part of your post you state "we have since been harassed by the director". In a second part you state that "It's bordering on harassment now." Make your mind up, you are either being or feeling harassed or you are not being or feeling harassed? A witness that is unsure of how they feel about the situation is an ineffective witness, and will undermine any action you may wish to take.

3. Have either of you made it clear to the Director that any further contact about this matter is unwelcome? If you continue to entertain communication then the director could argue that you are in willing negotiation about this issue and still discussing it.

4. "Where do we stand?" What do you mean by this?

5. "I am questioning them now misusing our data now (emails, phone number etc.) and am going to request they remove this from their database." Don't worry about this. What will it achieve? They will still have the data, maybe on a piece of paper. Misuse of your Data is covered by the DPA, and the consequences of them doing this are far reaching for them.

6. Harassment - I would not have entertained their communication as much as you have, but that is your choice. If you wish them to stop communicating I would write a letter, post 2 copies and get proof of posting, to them listing all their communications and the content, and telling them that you want them to stop any further communication. I would tell them that you will regard any further communication as harassment and that this will be reported to the Police so that this can be registered with the Police and that the Director may well be issued a "first instance warning". A FIW is what some Police areas use to record that fact that a "harasser" has been warned about their conduct or behaviour. I would also send a text to the mobile phone being used if this is appropriate, and send an email so that you have all options covered. They can not say they were not told.

Your first choice is to sort out what you wish to achieve from this situation?

Regards

obm

kinger101

timbo58 wrote: »

libel only applies if the review you gave was false and you knew it to be false and intended to cause the agent harm by posting the review.

If it's true it cannot be libel.

I'm not sure that's how it works it England. Libel laws heavily favour the claimant. A defendant would have to demonstrate that their opinions are based on the truth.

Bart1

Fcuk him

Write a PS to the review saying since you posted it he started harnessing you.

Thrugelmir

CheekCheek wrote: »

Left a negative review online for a previous letting agent (they were atrocious)

What did you actually say? Was it factual and truthful, or written out of revenge. When I've become involved in resolving issues there's often two sides to the story.

happylucky

You know you do need to expressly state you consider this to be harassment and formally ask them to cease, right?


Maybe you could also suggest they could always leave a rebuttal to your review wherever you posted it (and yes, I am dying to ask for a link, but not sure it's a good idea to stir things up!) if they would like to present their version of events to the same audience.

Bart1

I second the request for a link

Guest101

jjlandlord wrote: »

I would not rub them the wrong way. Being sued for libel is very expensive.

As long as they have written the truth, there's no libel.

Edit: corrected.

Link would be helpful (if just for a laugh )

as for the harassment - log it and report it to the police.