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Changing another persons email content

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  • Changing another persons email content

    Hi

    I am, at present, in dispute with a very dodgy cowboy builder.

    I have posted an email I received from the builder on my website that he is claiming, in a letter that I received from his solicitor, that I have re-written the message to show him in a poor light.

    I've not changed the email AT ALL, which I can obviously prove by obtaining a copy from my ISP via court order, if need be.

    My question: Is the builder accusing me of a fraudulent action by his accusation of me changing the content of his emails?

    Thanks C
    Tags: None

  • #2
    Re: Changing another persons email content

    Hi Cortez

    Is there any non-disclosure agreement?

    Is the content defamatory, & if so, can you prove it to be true?

    Has he invoked his 'right to be forgotten'?

    Did you alter the content, or use extracts in an unfair way?
    Last edited by charitynjw; 29th March 2016, 07:29:AM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Changing another persons email content

      If you still have the email then I would t worry too much about it. He would have to prove your 'fraudulent actions' which if you have the original email then you can prove that it was not fraudulent. If he did take you to court just claim for a wasted costs order as there would be no case to answer and the court can order the builder to pay costs for wasting everyone's time.

      As charity has pointed out, depending on how you have used the email will decide whether he has grounds for a claim against you.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Re: Changing another persons email content

        Thanks for the replies.

        The builder has proved himself to us to be a pathological liar, even to his solicitor, but has been wise enough not to state much of it in emails. He would ignore any emails I sent trying to get him to admit to the bad work carried out here. This particular email was sent by him in error but luckily for us proves him to be the liar we know he is!

        He's aware of his error in sending the email and is now trying to discredit it and has even gone to the lengths of trying to have me arrested for harassment! Plus through his solicitors he's attempting to extort a further £10,500 that we don't owe! I'm guessing he's trying to cover the cost of some of the bad work. I'm led to believe this is an old cowboy builders trick!

        The letter contains the line "have posted various defamatory remarks thereon, including copies of email correspondence between our client and you regarding this matter, which correspondence it appears you have altered".

        "I altered nothing, not even the bad spelling and punctuation!"

        I know I'm able to prove the email is genuine but could I take action for deformation of character for suggesting I fraudulently doctored the emails?

        I'm trying to prove his evidence is not credible, which will put us in a much stronger position when we get to court.

        As you can imagine this has been VERY stressful on the entire family, especial when you've done nothing wrong! Getting bits of advice and support from people out there helps for a better nights sleep as you don't feel so alone.......................................Thank you!

        Comment


        • #5
          Re: Changing another persons email content

          Originally posted by Cortez View Post
          Plus through his solicitors he's attempting to extort a further £10,500 that we don't owe! I'm guessing he's trying to cover the cost of some of the bad work. I'm led to believe this is an old cowboy builders trick!
          Is this a counterclaim? The figure of £10,500 may indicate that he is attempting to intimidate you as claims/counterclaims above £10,000 mean that the case will be allocated to the fast track where adverse costs can apply.

          Comment


          • #6
            Re: Changing another persons email content

            Originally posted by EXC View Post
            Is this a counterclaim? The figure of £10,500 may indicate that he is attempting to intimidate you as claims/counterclaims above £10,000 mean that the case will be allocated to the fast track where adverse costs can apply.
            No, not a counter claim. He's claiming it's money we still owe him.

            I can post a link to my website that shows everything we're going through at present, but I'm unsure of the rules here on posting links.

            I do feel he's trying to intimidate us though!

            Thank you for you reply.

            Comment


            • #7
              Re: Changing another persons email content

              Yu can post links but the admin might remove it if they believe that by allowing it to be published they are aiding and abetting

              Comment


              • #8
                Re: Changing another persons email content

                Thanks Noah.

                The copy of the email I'm referring to is on the MRTS Cowboy Builders DORMERS page at the bottom of the page.

                The home page to site can be found at MRTS Cowboy Builders


                Last edited by Cortez; 29th March 2016, 16:57:PM.

                Comment


                • #9
                  Re: Changing another persons email content

                  Originally posted by Cortez View Post
                  I can post a link to my website that shows everything we're going through at present, but I'm unsure of the rules here on posting links.
                  Yes, we're not liable for the content of external links.

                  Comment


                  • #10
                    Re: Changing another persons email content

                    I wouldn't worry too much about his threats of taking you to court, you only need to worry when he issues a claim against you and then that is when you need to start looking at it. Just make sure to keep all correspondence sent and received just in case.

                    Is the claim of £10,500 justified?

                    Just out of curiosity where is the email held? is it online or third party software?
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #11
                      Re: Changing another persons email content

                      Originally posted by R0b View Post
                      I wouldn't worry too much about his threats of taking you to court, you only need to worry when he issues a claim against you and then that is when you need to start looking at it. Just make sure to keep all correspondence sent and received just in case.

                      Is the claim of £10,500 justified?

                      Just out of curiosity where is the email held? is it online or third party software?

                      The email is held by his ISP, my ISP and the domain ISP. They, by law, have to keep a copy for 12 months.

                      We were paid up to date at the end of last year. The £10,500 demand came by text after we complained about the work. We've had no invoice, just the text. But he has now demanded payment via his solicitor even though he's never issued an invoice. The letter from the solicitor is just another pack of lies! It really is unbelievable how much this man can lie!

                      The email in question and his claims that I doctored it are his first big slip-ups! When someone lies as much as he does it's only a mater of time before they make errors and the truth prevails!

                      Comment


                      • #12
                        Re: Changing another persons email content

                        I could be wrong but you are right ISPs retain an email log which contains the name of the recipient and the sender but I don't think the actual contents of the email is stored, I'd need to double check that one. Do you have a copy on your email account whatever that may be?

                        If he hasn't invoiced you for it and only the text and you can show you were up to date then again he will have a hard job.

                        Just politely write back to the solicitors and say that their client has no cause of action and no basis as to the amount allegedly owed to him, any further correspondence will be ignored unless they issue a claim against you which will be defended and counterclaim will be made.

                        Leave it at that and ball in the client's court from there.
                        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        LEGAL DISCLAIMER
                        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                        Comment


                        • #13
                          Re: Changing another persons email content

                          Originally posted by R0b View Post
                          I could be wrong but you are right ISPs retain an email log which contains the name of the recipient and the sender but I don't think the actual contents of the email is stored, I'd need to double check that one. Do you have a copy on your email account whatever that may be?

                          If he hasn't invoiced you for it and only the text and you can show you were up to date then again he will have a hard job.

                          Just politely write back to the solicitors and say that their client has no cause of action and no basis as to the amount allegedly owed to him, any further correspondence will be ignored unless they issue a claim against you which will be defended and counterclaim will be made.

                          Leave it at that and ball in the client's court from there.
                          Unfortunately that's where it gets a bit complicated. In the 2 months he was here, we never received proper itemised invoices. We have requested them from the word go but he kept saying all paperwork was with his accountant and he'd sort it on it's return!

                          We have been very naive over this project and made a lot of stupid errors. Unfortunately, to our cost, we are very trusting people!

                          I'm pretty sure ISP's keep a full copy of emails. I guess with all the threats we have these days, the police may need to access them.
                          Last edited by Cortez; 29th March 2016, 23:57:PM.

                          Comment

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