Accused of defamation after exposing investment scam on blog

[FlamingParrot]

Re: Accused of defamation after exposing investment scam on blog

Hi, the web hosts gave us no option but to 'remove it from public view' -even though they are not liable in any way! However, he did give me some good advice:
1. we can move the post on our blog to 'private' status with a registration link to view it, and they are OK with that as it is no longer 'public'.
2. we can move servers to somewhere like Holland, where free speech actually means that, and they are inclined to tell abuse complaints/defamation threats to naff off unless they have a court order or other legal entity in place which proves what they claim is defamation- as per the law.

As a web designer, I know Iceland is a good bet for free speech hosting, you may want to try that.

[Celestine]

Re: Accused of defamation after exposing investment scam on blog

LegalBEAGLES is UK hosted, always has been.

I think by working with a smaller host, we are able to communicate clearly with them whether the threat is genuine and they listen to us.

[Mr $quanda£ot]

Re: Accused of defamation after exposing investment scam on blog

Often people who shout the loudest about defamation are the ones least likely to take much action. RLP is a prime example, as are some people who struggle to tell online existence from real life.

As in OP's case, very often those who shout the loudest have done something wrong and they know it, hence the angry reaction and threat of defamation, but they rarely have a case!

[robinw]

Re: Accused of defamation after exposing investment scam on blog

Often people who shout the loudest about defamation are the ones least likely to take much action. RLP is a prime example, as are some people who struggle to tell online existence from real life.

As in OP's case, very often those who shout the loudest have done something wrong and they know it, hence the angry reaction and threat of defamation, but they rarely have a case!

> Yes I am aware they dont have a case, however, most web hosts will just oblige them because of a threat. Today we were told we couldnt use the picture on the blog either, even though the blog s no longer live (!) And, they have managed to threaten someone in LINKEDIN groups so the content was removed. However, I have already taken a copy from Google web cache. When I get new hosting its all going back live in a place where we cant be threatened. The pure stupidity, is that its ALL still available via Google cache anyway, no matter how many sites they lean on to remove it. We know they are about to be made bankrupt here in UK and have foreign accounts ready to go to continue trading abroad using monies from existing investors who have not been paid back. A new Ponzi scheme awaits...

[robinw]

Re: Accused of defamation after exposing investment scam on blog

I have recent developments re this issue. I am desperately in need of some legal help too.

These scamming criminals have gone as far as getting an injunction against me personally,( and another investor who has been vocal) with a load of fabricated nonsense within it about how I am 'harassing" them. There are all kinds of accusations which are simply not true.

The court injunction was sent to our domain name holders, who have complied in suspending our account until we agree with their lawyers to take down our content, and stop commenting about them on the web about their scam ( even though they are about to go bankrupt on July 29th taking some £20m of investor money with them.)

I was sent an injunction, which I did not know about because it did not come to my address, it went to a forwarding address which we use for WHO.IS web registration only. ( They plucked it off the web.)
In it, I was given three days notice to go to court in London at 10 am on the following Monday to fight it, ( It arrived on a late Friday afternoon, and the other two days were over a weekend, so I would not have had time to arrange legal representation, even if I had got the injunction prior.)

I had not had the pre court documents at that point. I received them about a week or so later.The following day (today) we received the notice from the web domain registrars that the court order had arrived with them via a pdf document I think.

According to the documents, I will now have to employ a lawyer, to send a letter to their lawyer re removing our content etc, IF they agree, we can then get our web site back, if not then it stays in place for a full year. I'm thoroughly disgusted that they can accuse us of all kinds, with no proof. As a group, we recently got the scam covered in a well respected broadsheet newspaper, who quoted me and our web site.

This issue has now shut down my entire business, which is web based. We are being penalised for telling the truth. They seem to want to keep us tied up legally so they can get on with starting all over again with our money. They are still under investigation by the SFO.

[Amethyst]

Re: Accused of defamation after exposing investment scam on blog

So the SFO and FCA are investigating. Are there any court proceedings in progress?

What documents are telling you you must have a 'lawyer'?

Did you go to the court hearing for the injunction and what happened there?

[robinw]

Re: Accused of defamation after exposing investment scam on blog

So the SFO and FCA are investigating. Are there any court proceedings in progress?

What documents are telling you you must have a 'lawyer'?

Did you go to the court hearing for the injunction and what happened there?

Hi
I did not go to the court because I did not know about it until afterwards. I have only found out because they have sent the injunction to my domain reg people. The papers were sent to an unmanned address that I dont live or work at. Its just a holding address for our WHO.is web stuff.There have been two hearings in court, neither of which I was aware of until today.
court injunction states that 'i may apply for a variation or discharge of the order by first informing the claimants solicitors in writing."
The document cites him as director his company -which is a liquidated company. My web site has now been shut down in compliance of this fabricated nonsense. He's accusing me of all kinds of harassment which simply are not true.The application was made 'without notice'
It states it was sent via signed delivery, thats simply not true either. They quoted lots from my blog, and want me to stop mentioning his name and speaking about him.

[FlamingParrot]

Re: Accused of defamation after exposing investment scam on blog

This issue has now shut down my entire business, which is web based. We are being penalised for telling the truth. They seem to want to keep us tied up legally so they can get on with starting all over again with our money. They are still under investigation by the SFO.

Was your business website under the same domain as the 'offending' blog?

[robinw]

Re: Accused of defamation after exposing investment scam on blog

Was your business website under the same domain as the 'offending' blog?

Yes, our blog is part of our web site. We have already had to move hosts do to (non legal) defamation complaints, we have also had to comply with copyright spam complaints.All the information we put out for other investors we had proof of. Now they have gone as far making up nonsense on a court injunction to shut us down. We had to move servers out of the UK as they kept spamming our hosts with complaints.They reported me to the police so they could bring a harassment claim.
I take comfort from the fact that we have brought it to a much wider audience, got people together to report them to the SFO.
But I really need proper legal advice about whether I need a lawyer to set this aside, or whether I can write a letter myself to do it. The guy who brought it claims to have never met me- yet Ive met him a sum total o 4 times, each time with two other witnesses! This is the type of garbage within it.

[enquirer]

Re: Accused of defamation after exposing investment scam on blog

Journalists know that the story about the attempt to cover up often becomes bigger and juicier than the original story.

http://www.legalbeagles.info/forums/...Dom-to-take-on

[robinw]

Re: Accused of defamation after exposing investment scam on blog

Hi all, I have an update to this story, I am still in legal wrangles with those who brought the claim. As mentioned previously, the defamation claim which started all this then progressed to an injunction set against me on 'harassment' terms. The injunction was sent ( NOT SERVED) to our web domain providers via an open email. I only knew about it because they forwarded it to me and shut down our site.
They also have sent copies to the address which our domain registrar holds for us at NOMINET. ( Basically they assumed I lived or worked at the address, I dont, its a holding address only. Unmanned, unchecked.)
I have never received these letters or been served them. This has effectively shut down our internet business as our domain name reg folks suspended the name.
I did not respond to their injunction initially, just tried to get the web folks to put us back online, but the other investor went down a legal route and spent £5k defending himself. His was more serious though as they cited proof of messages & calls etc.
However, my injunction just said I was not allowed to publish any content, go to his house or contact him. Ive never contacted him, prior or since. I cant publish on the previous name as it has been shut down.
After the injunction was set against me, within one week they went bankrupt. We have been in contact with the recovery folks who tried to get the injunctions quashed, but it was refused as they said it was nothing to do with the bankruptcy.

I tried to send a witness statement to the court, but they rejected it as I could not get anyone on the phone at the tin pot court to be able to pay for it.
The fraudsters are now claiming "application for judgement in default"- I have no idea how to respond or what this is liable to do to me. I cannot afford a legal battle as they have put me out of business, and I am now barely surviving. From what I have gathered from the other injunction, the lawyers who are dealing with the injunction for the accusers often deny they have had contact so they can spin things out.
This injunction was not legal in the first place, but was started at a tin pot family court in Croydon where the rules dont seem to apply to the innocent.
Can I write to the court, if so what should I say to stop this?
Desperate for help now.
Thanks in advance.

[robinw]

Re: Accused of defamation after exposing investment scam on blog

Hi All, this case is still ongoing- they accused me of harassment and sent an injunction which took down my web site as I said above. They now have pending criminal investigations against them and several law suits in progress. I am desperate for help as I feel they will try and get court solicitor costs out of me, the asset recovery folks tell me this could be nearly £10K. I did not defend this case with a lawyer-although I did write to the court several times, and to their solicitors ( who ignored my letters), but have not had any reply. I did not ever receive the injunction and was never served it, they sent it to my web domain name holders via open email, which was then forwarded to me. One of their sets of previous lawyers who served defamation letters to our server people is now on the creditors list because of non payment! ( The irony!)

The lawyers/ court later picked up an offline address where we registered our web site for NOMINET and were writing letters there.
However, I have no access to this address, its was a holding address only, not manned and mail is not forwarded to me from there, so I dont know if further letters from their solicitors / court have been sent there.

I did inform the court and their sols that I have no access to that address. this harassment order is total nonsense, I am guilty of writing two blogs detailing their investment scam, for which we had documentary proof from hundreds of investors. We have even helped the asset recovery people and the various authorities put a criminal case against the scammers, for which, we have now lost everything and been accused of harassment. These people already owe us £30k.

I cannot afford to defend it with solicitors as they put me out of business with the injunction.
What are my options? I feel I need to act in some way. If I dont do anything what are the possible repercussions? Can baliffs be sent or do they need to start another case for recovery of costs if I dont pay-assuming thy try to find me? The solicitors and court still do not know where I live as I was never served the papers, which surely makes the whole thing a farce.
Can anyone please help me with some advice? Many cases against the scammers are currently coming to a head. They were still trying to trade out in Brazil whilst fighting courts here, and spent months trying to scrub the internet clean of their scams so they can dupe more people into loosing thousands.
Much obliged
R.

[robinw]

Re: Accused of defamation after exposing investment scam on blog

The address they have for me was a holding address used for NOMINET only when we registered the web site. I am self employed and my address for employment is not listed. I am told via the other party involved in his injunction that the court/ solicitors are still chasing the injunction against me, despite putting me out of business and causing serious hardship,and, robbing me of £20k.

The scammers themselves are nearly at the end of their own bankruptcy ( in court this month), the SFO are still gathering evidence for a prosecution. The business recovery people who involved in tracing the stolen investor money ( approx £30m wiht 800 investors) are attempting to make the scammers' bankruptcy 'indefinite in the UK.'

My questions are; if I do not respond to any court papers, as I have not done since the beginning, apart from one initial letter to the court which they rejected, what can be done in my absence? Are they likely to try and trace me to send bailiffs etc? Can a court apply a CCJ (or other judgement) to me regarding this injunction if they have not contacted me at a place where I live or work? How far are they likely to go and to what end?

[nemesis45]

Re: Accused of defamation after exposing investment scam on blog

The address they have for me was a holding address used for NOMINET only when we registered the web site. I am self employed and my address for employment is not listed. I am told via the other party involved in his injunction that the court/ solicitors are still chasing the injunction against me, despite putting me out of business and causing serious hardship,and, robbing me of £20k.

The scammers themselves are nearly at the end of their own bankruptcy ( in court this month), the SFO are still gathering evidence for a prosecution. The business recovery people who involved in tracing the stolen investor money ( approx £30m wiht 800 investors) are attempting to make the scammers' bankruptcy 'indefinite in the UK.'

My questions are; if I do not respond to any court papers, as I have not done since the beginning, apart from one initial letter to the court which they rejected, what can be done in my absence? Are they likely to try and trace me to send bailiffs etc? Can a court apply a CCJ (or other judgement) to me regarding this injunction if they have not contacted me at a place where I live or work? How far are they likely to go and to what end?

Good morning,

Ignoring court documents is a highly dangerous route to take, all a claimant has to do is apply summary judgement without providing any further evidence. With an injunction your excluded from the specific activities that gave rise to the application for the injunction if you breach these requirements you a can be brought before the court and criminal charges could be laid.

nem

[robinw]

Re: Accused of defamation after exposing investment scam on blog

Thank you, but I have never received ANY documents. They do not have an address for me, never have. All info I have received has been via third party involvements. I have no money for a lawyer, they have put me out of business with this bogus injunction ( all because I wrote a single blog-which was carefully worded), and Im barely surviving as it is. If I put a defense in at this late stage they then have my details on file.