solicitor asking me to withdraw evidence else ill be sued,is this not intimidation?

[jojoe]

Never used a forum before, but we have received a solicitors letter on behalf of a company we used recently. We have official reports frim regulating bodies and evidence of this companies unlawful dealings, that back up our complaints against them. We were dealing with trading standards about their practices. We then had a letter from their solicitor, telling us if we did not withdraw evidence, allegations, reports, statements etc from any ‘third parties’, we would be sued for defamation, harassment and a number of other things. My question is can a solicitor tell me i will be sued if i dont comply to the withdrawing of evidence, to trading standards- is this not threatening a witness?

[des8]

Solicitors frequently threaten (they would say advise) their client's adversary.
Their client could sue you, but whether or not your defence would trump their claim is not something we can judge from the little info available.

Your defences would be a) truth of allegations or 2) belief in the truth of those allegations (honest opinion)..
You would also benefit from the defence of qualified privilege: i.e,it is a defence for a person who has an interest or a legal, social or moral duty to make a statement to the person to whom it is made, and the latter has a corresponding interest or duty to receive it.

[jojoe]

Thanks, yes we have a lot of evidence against them , in the form of reports from regulating bodies that regulate the industry concerned- factual provable black n white evidence. yes i believe it would also fall under a legal( what they have done breaks the law) duty. also the ‘social duty’ is why i have taken it to trading standards, the practices they are doing unlawfully are also being done to others, and they compromise health & safety laws too. Trading standards, as well as the other regulating bodies are to investigate internally with or without my evidence. can this solicitor seriously ask me to withdraw everything under these circumstances? thanks for reply.

[des8]

Solicitors will demand all sorts of things in support of their clients.

I was once threatened by a solicitor over a complaint I had made to the police. Now he would have known that such complaints are protected by absolute privilege and they can do nothing about them.

I wonder why the solicitor's client wants the complaints made to regulating authorities withdrawn.
Hopefully the authorities concerned will investigate thoroughly.
If the complaints are unfounded the firm will be exonerated, so withdrawal is a bit pointless.
On the other hand if the complaints are well founded, the firm would have a reason to have them withdrawn and hence threats from the solicitor.

In this sort of situation you have a number of options:
1) withdraw complaint
2) ignore solicitor
3) reply to solicitor, pointing out your defence and confirming you will not be withdrawing

Number 3 option might end in a game of letter tennis.
This gives you the satisfaction of knowing every letter you send and the solicitors read, and every letter the solicitors write costs their client.
The downsides are you might inadvertently compromise yourself, it becomes tiresome and they rack up the pressure if you engage with them

[jojoe]

thanks, yes we have reports and evidence to back up all my complaints, they obviously are worried and want me to withdraw complaint and evidence... will see , thanks

[R0b]

Assuming you are not being economical with the truth and the only complaint you've made is to Trading Standards or some other governmental body, I would be inclined to make a complaint to the SRA about the solicitor's conduct and for intimidation.

Barring any legal prohibition or court order, you have an absolute right to make a complaint to Trading Standards about a particular company and should not be threatened with legal action for doing so. If the company is innocent or considers itself to be, then it has nothing to worry about.

If I was in your shoes, I would be responding to the solicitor pointing out that the only complaint you have made has been to Trading Standards and you consider their letter to be intmidating with threats of legal action for doing something which is an implied legal right. The fact that the letter says that you must withdraw all allegations statements etc. from any third party would suggest that you should also withdraw your complaint to Trading Standards, in effect depriving you of a right to complain about the company's actions or conduct and have their practices investigated.

You could round it off by saying that in the circumstances you view the letter as intimidation on the solicitor's part you will be making a complaint to the SRA on the basis that you are being harassed for merely exercising your right as a consumer.

P.s. I would follow up with a complaint anyway, the SRA may investigate but it all depends on the nature of the wording of the letter as Des says.

[jojoe]

Thank you, absolutely no economy with the truth, the full story is pretty shocking- cannot believe how some co’s operate! trading standards have, after seeing the legal letter, said pretty much what you have just said. T. S have said there is particular legislation around this ( did not say which legislation, would be interesting to read) they have said we could complain, but it would probably ‘rumble on’ in their words. We just wanted to report the company they represent for their illegal way of operating and the things they have done, primarily for the safety of others. t.s and the other reg body are investigating regardless, and have all of our evidence barring a statement. This co has been aggressive to us and i have evidence they are to others too. we really want to put it behind us as quickly as poss, so have reluctantly agreed to the companies requests in the letter. just hoping t.s and other powers that be can do something.thanks.