Defamation of a character/business, as works not finished and we told them this

willywonka1

Thank you in advance.
Did work on a large bungalow, 50mlies away. We took the railings up, and fitted most, bolted down, total price around £5000, we said the price and what we were doing. we have done this work over 40 years, dont do bad work and got a fantastic reputation. But there were several things that were not finished, we explain this by mail to the customers, and stated we did not want any money until we finished of the work. Unfortunately we did not take a deposit.

They have come back, and said they dont want the railings, and want use to take away. They then came back with a list of things with the railings as not completed, but as I said we all ready told them this. They are also saying our work is low quality, but its not finished as I told them, you cant pick holes when I all ready told you things were not finished. They even had a firm in to look at our work and make a list of things that are wrong, but as I said I told them, and by this time told them three times that the work is not done, and I know and you know very well its not, so why try and tell me this when I told you from the first day. I think when they seen 3/4 of the railings up, they did not want it, we could just tell, as it enclosed the large bungalow too much, so they are trying to get out of it.

One can I think take to small courts for breach of contract.

And I am sure they have told lots of people out work is low quality, and word of mouth spreads, same with the firm they had in, they would have told persons, and word of mouth spreads. As the last two months of E-Mails in for work is very low, and in the summer months its high.

Can we add defamation of business ??? Defamation of character/business occurs when an untrue statement is made about you, your business, or your offerings that can damage your reputation. An important aspect here is that the negative statement must be conveyed to others, not just to you personally. 

LightFlare

Suggest you speak professionally legal help via the business

willywonka1

Hi,
Ok thank you, was just hoping for lots of advise and suggestion's on here. As being in the business so long, and always going high class work, I think its a totally check whats hes doing and the audacity, and would in reality tell him what the, and to sod off, for Gods sake I was the one who made a list out at the start, now you and a firm are trying to tell me whats to be done, when I all ready told you.

How do I say in a very professional way and law way whats hes doing is wrong, and I am taking to the small courts for him ordering fence, agreeing price, then not wanting, thus I will take to the small courts for breach of contract, and how do I say I will add on defamation.

mebu60

Small claims court would be a money claim, you will not be able to include defamation in that route. You would need to seek professional legal advice and be looking at an expensive legal process, county court / high court with no guarantee of winning and a risk of having to pay the other parties' legal costs too if you lost. Not to mention a likely very long timeframe.  

As @LightFlare has already said, you should probably seek professional legal advice on this matter. Do you have any relevant cover under your business insurance? 

Section62

willywonka1 said:

Thank you in advance.
Did work on a large bungalow, 50mlies away. We took the railings up, and fitted most, bolted down, total price around £5000, we said the price and what we were doing. we have done this work over 40 years, dont do bad work and got a fantastic reputation. But there were several things that were not finished, we explain this by mail to the customers, and stated we did not want any money until we finished of the work. Unfortunately we did not take a deposit.

They have come back, and said they dont want the railings, and want use to take away. They then came back with a list of things with the railings as not completed, but as I said we all ready told them this. They are also saying our work is low quality, but its not finished as I told them, you cant pick holes when I all ready told you things were not finished. They even had a firm in to look at our work and make a list of things that are wrong, but as I said I told them, and by this time told them three times that the work is not done, and I know and you know very well its not, so why try and tell me this when I told you from the first day. I think when they seen 3/4 of the railings up, they did not want it, we could just tell, as it enclosed the large bungalow too much, so they are trying to get out of it.

One can I think take to small courts for breach of contract.

And I am sure they have told lots of people out work is low quality, and word of mouth spreads, same with the firm they had in, they would have told persons, and word of mouth spreads. As the last two months of E-Mails in for work is very low, and in the summer months its high.

Can we add defamation of business ??? Defamation of character/business occurs when an untrue statement is made about you, your business, or your offerings that can damage your reputation. An important aspect here is that the negative statement must be conveyed to others, not just to you personally. 

Is the client the same as this one?
https://forums.moneysavingexpert.com/discussion/6612697/customer-took-2000-off-a-builder-price-after-the-job-was-done-with-talking-to-the-builder/p1

Taking legal action against someone is always a bit risky, and action for defamation is often very risky.  You'd need to be able to prove the person had said something defamatory about you/your business, rather than suspecting it based on a drop-off in email enquiries.

One of the risks with action for defamation is drawing attention to the issue and making things worse for yourself than they were to start with (search for 'Streisand effect' to get the general idea).  You have a relatively contained situation currently, but by taking action you'll likely draw attention to the client's claims, and unfortunately many people are likely to think 'no smoke without fire' whether they know the details of the case or not.  Also, being known for taking legal action against clients - except perhaps for non-payment of bills - is probably not going to be good for business.

Ayr_Rage

If you have been in business for over 40 years you should've had a written contract in place.

From your description of events it sounds as if you left the job unfished and only then informed the customer by mail that you were aware and would complete the works later.

As for a third party noting faults, that is entirely different to them seeing unfinished work.

Hopefully their replies are also by email otherwise proving who said what and when is going to be difficult.

As for defamation, that'll be difficult to prove unless you have written evidence or witnesses.

First thing is to get advice and if you intend to take if further send them a letter before action.

willywonka1

Ayr_Rage said:

If you have been in business for over 40 years you should've had a written contract in place.

From your description of events it sounds as if you left the job unfished and only then informed the customer by mail that you were aware and would complete the works later.

As for a third party noting faults, that is entirely different to them seeing unfinished work.

Hopefully their replies are also by email otherwise proving who said what and when is going to be difficult.

As for defamation, that'll be difficult to prove unless you have written evidence or witnesses.

First thing is to get advice and if you intend to take if further send them a letter before action.

Hi, get back to other two comments later.

We have a contract as such. I always write a written quote of what we are doing and materials used, they agreed.

No, I told the customer I the day we fitted, as was not finished and would be back soon to complete. And stated what was going to be completed. And then said the list of things by mail, then the audacity, they gave me a list of things to do, then gave it again, after me mailing them back and saying I told them what was to be done, they got a firm in and said the same, then another another mail saying the same. Sick of explaining to them, I should put all in caps.

Cheek to get a firm in, as I told them so many times the works not finished. They realised they dont like the high fence up, and trying to get out of it we think.

Have evidence, they said our work was low standard, which it was not, they are referring to the parts that are not finished. So I will, or should I say I am adding on defamation to them and the firm on our small courts claim.

elsien

Don’t go down the defamation route. It’s more hassle than it’s worth and you stand to pay their costs if you lose. if they are putting reviews online, then do what you can to reply to the reviews or get them removed. 

Otherwise if they are just talking to people they have a right to an honest opinion.

stuart45

I doubt if one customer could destroy the reputation of a firm with 40years of good reviews. Turn negative reviews in your favour by answering them as elsien said. People will often judge a firm by how they handle the negative feedback and problems with their work they have done. If you handle it well they look on it as well as the positive reviews you must have had over the years. 

mebu60

. So I will, or should I say I am adding on defamation to them and the firm on our small courts claim.

As already advised above, you cannot sue for defamation in a small claims court, that is just a money claim for tangible things.

And you've asked for input which overwhelming suggests not going down the defamation route at all yet you seem resolutely determined to do so. Why ask if you're going to ignore the bits you don't want to hear?