Gardening Express threatening legal action

Suemac2a

The problems associated with GE are well known, with complaints by many customers logged but not responded to for over 6 months and no other way to contact them.
I saw cries for help from customers routinely deleted from social media. It was clear many did not know what to do, or what remedies were available to them.
Helpfully, someone set up a facebook group where we helped each other and gave polite, practical advice on seeking resolution through chargeback facilities from credit card companies and banks.
That group disappeared. So last night I set up a new one.  Stating it was a support group for advice and for all contributions to be factual, no allegations. It invited GE to join and contribute and help resolve issues.
This morning I received an email saying a refund was being processed.
One hour later I received an eye-popping cease and desist legal letter demanding I remove the group as it was 'potentially endangering the life and wellbeing of the director, his wife, his children and his staff.', citing trademark infringement and that I had been reported to the police.
This seems extraordinarily counterproductive. 
To be clear, the group currently consists of a post from me about how to use the chargeback process and a couple of moans from people who have found the group. It is not a personal vendetta and I would be happy if the company were more forthcoming about actually handling outstanding disputes. 
This isnt about my own purchase experience, it is about supporting other customers, many of whom may be unfamiliar with their rights.
This seems wrong on so many levels. Anyone have any relevant advice?  

Blackbeard_of_Perranporth

Stay off FaceBuck!

Sandtree

C&D letters can be sent as a hollow threat in the hope that people retract and they get what they want or they may be willing to follow through with their threats. Its really down to you to decide if you are willing to go through the courts to determine your right to run the group or you fold as its not worth your time and costs.  More oftenly they just contact the social media platform because they dont want to be involved or sued so just delete groups/posts with minimal challenge.

I've only been the recipient of one C&D letter from a USA company on a trademark infringement but thankfully I already had permission from the UK trademark holder (the two companies were locked in a long term legal battle) but in the end just sold the website to the highest bidder as it wasnt worth my time to fight it.

Aylesbury_Duck

Relevant advice?  It's up to you.  If you're confident you are breaking none of the site's rules, and that nothing you post is libellous, defamatory, etc. then carry on.  If you think the call to cease and desist is justified, or you're simply fearful, just stop.  I'm not sure what other advice there is to give.

davidmcn

Assuming they've also complained to Facebook, I expect FB will pull the plug on the group anyway - not worth the hassle from their point of view.

Suemac2a

Fair point Aylesbury_Duck. I guess I am left wondering how factual information and fair comment can be construed as defamatory but also whether intimidatory tactics are of legitimate interest to trading standards or consumer rights organisations.

davidmcn

Suemac2a said:

Fair point Aylesbury_Duck. I guess I am left wondering how factual information and fair comment can be construed as defamatory but also whether intimidatory tactics are of legitimate interest to trading standards or consumer rights organisations.

No, if they want to add allegations of defamation into the mix they are free to do so - it really doesn't fall under trading standards or consumer rights.

Sandtree

Suemac2a said:

Fair point Aylesbury_Duck. I guess I am left wondering how factual information and fair comment can be construed as defamatory but also whether intimidatory tactics are of legitimate interest to trading standards or consumer rights organisations.

You are not a company selling a product or service so of no interest to trading standards or consumer rights organisations.

They will take the matter to the courts and deformation claims are often resolved by those with the deepest pockets 

Bradden

I wonder if they've sent a letter to this is money as well? 
https://www.thisismoney.co.uk/money/news/article-8361911/Gardening-Express-customers-vent-fury-amid-order-chaos.html

photome

wren kitchens have done the same thing with numerous facebook groups

sekrapa

I wonder if the threat of legal action made the admin from the other group delete it.