Slander Correct steps

[bluebottle]

Re: Slander Correct steps

Did the club suspend you as a member or an employee? If the latter, then it needs to be approached differently to how it is being approached at present.

A Cease and Desist notice is only going to be applicable if the allegations are still being circulated. If not, then serving such a notice is not justified.

If you can provide us with a time-line of what happened, exactly what did happen and whether the allegations are still being circulated, then more focused advice can be given.

[rickierich]

Re: Slander Correct steps

Did the club suspend you as a member or an employee? If the latter, then it needs to be approached differently to how it is being approached at present.

A Cease and Desist notice is only going to be applicable if the allegations are still being circulated. If not, then serving such a notice is not justified.

If you can provide us with a time-line of what happened, exactly what did happen and whether the allegations are still being circulated, then more focused advice can be given.

Letters relating to slander could you give me an example like before thanks. Costs to me are irrelevant if I do not they will do it again. I need to tame the beasts.
I was suspended as a member, not employee.

[bluebottle]

Re: Slander Correct steps

Letters relating to slander could you give me an example like before thanks. Costs to me are irrelevant if I do not they will do it again. I need to tame the beasts.
I was suspended as a member, not employee.

Okay. We now know that the social club suspended you as a member and not an employee.

A few more questions. Sorry, but these questions need to be be asked to get to the bottom of this and resolve this matter -

1. What part do the two individuals who made the allegations play in the social club? Are they members, like yourself, or involved in the management of the social club, or just idiots who think it is clever to go around making false allegations against others?

2. When the social club management held their "kangaroo court", did they provide you with details of the allegations and did they give you an adequate opportunity to call witnesses, challenge the allegations, etc.? Most importantly, were those responsible for making the allegations present?

3. Do you have any disabilities, health issues, learning difficulties, etc., that might give pointers as to why the two who made the allegations made the allegations?

As stated above, sorry to ask more questions, but if we can get to the bottom of why the allegations were made in the first place, this should provide a clearer path to enabling you to deal with this effectively.

[rickierich]

Re: Slander Correct steps

Okay. We now know that the social club suspended you as a member and not an employee.

A few more questions. Sorry, but these questions need to be be asked to get to the bottom of this and resolve this matter -

1. What part do the two individuals who made the allegations play in the social club? Are they members, like yourself, or involved in the management of the social club, or just idiots who think it is clever to go around making false allegations against others?

2. When the social club management held their "kangaroo court", did they provide you with details of the allegations and did they give you an adequate opportunity to call witnesses, challenge the allegations, etc.? Most importantly, were those responsible for making the allegations present?

3. Do you have any disabilities, health issues, learning difficulties, etc., that might give pointers as to why the two who made the allegations made the allegations?

As stated above, sorry to ask more questions, but if we can get to the bottom of why the allegations were made in the first place, this should provide a clearer path to enabling you to deal with this effectively.

1) One individual, one organisation. None members of group.
2) They gave me the details of the allegations at a meeting, no adequate prior warning was given. Those who made the allegations were not present. I have had no opportunity to query accusers at all.
3) If you are talking about protected characteristics, I am male, hetrosexual, black and able body. I do feel it played a part, but without them using key words. Any case on this would be using reverse burden of proof.

[rickierich]

Re: Slander Correct steps

Guys I really am appreciating your help. I would be lost without it. I am intelligent, but it takes time to build knowledge.

[rickierich]

Re: Slander Correct steps

I need to send of more sar's as more organisations have information. Because I have 2 more to send. At the moment slander centres on me making claims, which they believed to be false, but no such claims were made. And some were in-fact conjecture on there part, but this led to me now being expelled from the group so this will lead to a great deal of aggravated damages. I have to be careful with what I say, cause this is one of the most ha-nous ways to slander someone.

[rickierich]

Re: Slander Correct steps

I got a reply, from an SAR request citing, Section 7, 4 which they believe that they can only disclose information if the third party says it is ok. Problem with that is my understanding is that they are suppose to disclose the information but just block out identity within reason. Could someone confirm to me if this is true, if my understanding is wrong can I use CPR rules in advance of a court case to force them to disclose information.

[bluebottle]

Re: Slander Correct steps

I got a reply, from an SAR request citing, Section 7, 4 which they believe that they can only disclose information if the third party says it is ok. Problem with that is my understanding is that they are suppose to disclose the information but just block out identity within reason. Could someone confirm to me if this is true, if my understanding is wrong can I use CPR rules in advance of a court case to force them to disclose information.

I think this exposes their lack of knowledge and understanding of the law, generally, Rickie, not just the Data Protection Act 1998. You are correct in what you say about them redacting any personal information. You can use the Civil Procedures Rules 1998 as part of the pre-action procedures prior to bringing court proceedings. CPR require that you and the other side do whatever you can to resolve a dispute without involving the courts, using the courts as the very last resort when all other attempts at resolution have failed. Have you considered mediation, which is less confrontational than court proceedings and a procedure brought in to provide an alternative means o resolution (which is why it is often referred to as Alternative Dispute Resolution, or ADR, for short). I suspect the thought of going to mediation with a barrister acting as the mediator is going to make this social club committee feel queasy. Do you know if the social club is run as a registered charity?

[rickierich]

Re: Slander Correct steps

I think this exposes their lack of knowledge and understanding of the law, generally, Rickie, not just the Data Protection Act 1998. You are correct in what you say about them redacting any personal information. You can use the Civil Procedures Rules 1998 as part of the pre-action procedures prior to bringing court proceedings. CPR require that you and the other side do whatever you can to resolve a dispute without involving the courts, using the courts as the very last resort when all other attempts at resolution have failed. Have you considered mediation, which is less confrontational than court proceedings and a procedure brought in to provide an alternative means o resolution (which is why it is often referred to as Alternative Dispute Resolution, or ADR, for short). I suspect the thought of going to mediation with a barrister acting as the mediator is going to make this social club committee feel queasy. Do you know if the social club is run as a registered charity?

They definitely are not a registered charity.
There is also another organisation involved and they say they are a charitable company limited by Guarantee with a company number. Its this organisation who have replied, I sent 2 SARs first one to this organisation. The social club are yet to reply.
The charitable company have been informed that it is not legal there suggestion.
I want to draft them a letter, quoting CPR rules that compel there obligation to engage and provide information and or mediation. If I decide to be heavy handed would I need to get a county court order or do I simply threaten a county court order. In any case which CPR rules am I going to quote.
I am anticipating the same response from the social club, because for some reason they actually thought this would just go away.

[bluebottle]

Re: Slander Correct steps

They definitely are not a registered charity.
There is also another organisation involved and they say they are a charitable company limited by Guarantee with a company number. Its this organisation who have replied, I sent 2 SARs first one to this organisation. The social club are yet to reply.
The charitable company have been informed that it is not legal there suggestion.
I want to draft them a letter, quoting CPR rules that compel there obligation to engage and provide information and or mediation. If I decide to be heavy handed would I need to get a county court order or do I simply threaten a county court order. In any case which CPR rules am I going to quote.
I am anticipating the same response from the social club, because for some reason they actually thought this would just go away.

Okay, Rickie. Thanks for that. A few questions -

1. Where does the charitable company come into the matter?
2. Do they have any involvement in the running or ownership of the social club?
3. Does the charitable company receive any funding from the local authority, government agency or department or voluntary donations from members of the public?

[Amethyst]

Re: Slander Correct steps

Just trying to figure this out a bit more.

Was your original acceptance into the club based on the claims made (or taken as made wrongly) and is your expulsion from the club because they have been told those claims (whether or not made by you) are untrue. Is it a condition of membership of the club based on you being what you claimed to be (even if you didn't).

eg:
Club assumed you were X and invited you to join Club for X's.
Someone else then found out you were not X.
Club say you said you were X and thus lied.
You say you did not say you were X so them saying you pretended to be X is slanderous.
Then the question would be did you know you should be X and didn't disclose you weren't X when you realised they thought you were X.

Or do I read too many books.

[rickierich]

Re: Slander Correct steps

Okay, Rickie. Thanks for that. A few questions -

1. Where does the charitable company come into the matter?

They would be one of the third parties who made allegations that I see as slander to the social club.

2. Do they have any involvement in the running or ownership of the social club?

They have not involvement in the running or ownership of the social club.

3. Does the charitable company receive any funding from the local authority, government agency or department or voluntary donations from members of the public?

Yes they receive probably from all 3.

[bluebottle]

Re: Slander Correct steps

Just trying to figure this out a bit more.

Was your original acceptance into the club based on the claims made (or taken as made wrongly) and is your expulsion from the club because they have been told those claims (whether or not made by you) are untrue. Is it a condition of membership of the club based on you being what you claimed to be (even if you didn't).

eg:
Club assumed you were X and invited you to join Club for X's.
Someone else then found out you were not X.
Club say you said you were X and thus lied.
You say you did not say you were X so them saying you pretended to be X is slanderous.
Then the question would be did you know you should be X and didn't disclose you weren't X when you realised they thought you were X.

Or do I read too many books.

It seems to be more a case of two idiots going around causing trouble by making up false allegations about individuals, thereby, causing the individuals loss of and damage to reputation. The social club committee have, like muppets, fallen for the troublemakers' allegations hook, line and sinker and potentially dropped themselves and the social club in the proverbial. It should be a case that the OP should do what they can to resolve this and avoid going into court if they can.

[Amethyst]

Re: Slander Correct steps

It should be a case that the OP should do what they can to resolve this and avoid going into court if they can.

Absolutely agree.

[rickierich]

Re: Slander Correct steps

Just trying to figure this out a bit more.

Was your original acceptance into the club based on the claims made (or taken as made wrongly) and is your expulsion from the club because they have been told those claims (whether or not made by you) are untrue. Is it a condition of membership of the club based on you being what you claimed to be (even if you didn't).

eg:
Club assumed you were X and invited you to join Club for X's.
Someone else then found out you were not X.
Club say you said you were X and thus lied.
You say you did not say you were X so them saying you pretended to be X is slanderous.
Then the question would be did you know you should be X and didn't disclose you weren't X when you realised they thought you were X.

Or do I read too many books.

Sort of but not.

I was a member of a club, some individuals do not like me so have tried tirelessly to get rid of me. Opportunity arose by manipulating an interaction with another into something it was not. This involved allegations against me by third parties. Then the club would act against me, without proper substantiation of allegations or any to be honest. This is partly, if not entirely due to discrimination/bigotry on the part of the club. This hypothesis is down to how others have been treated and myself, views shared and attributed to the club by members and community. Also the heavily uneven treatment in the past, of myself and others. Before we even get to that, allegations need to be dealt with first.