Check a trade negative feedback

[Mikeydji]

Hi there ,

I have recently left a negative opinion on check a trade for the aftercare of a job an electrician carried out.

He he is now threatening me with legal action if I don't remove it within 7 days . He's citing slander as to why he should take me to court.

any advice would be brilliant.

many thanks in advance

Mike

[seduraed]

Re: Check a trade negative feedback

Are your comments true? Are they made calmly? I believe,truth is am absolute defence.

[Mikeydji]

Re: Check a trade negative feedback

Yes they are true. It's my perception of what occurred but they contest my version.

[wales01man]

Re: Check a trade negative feedback

Did you raise the problems with them before posting comments online?

[Mikeydji]

Re: Check a trade negative feedback

Instead of trying to resolve the problem. They gave me the ultimatum of removing the negative review within 7 days or they will have their solicitor deal with it..

[wales01man]

Re: Check a trade negative feedback

You should have tried to resolve problem first if you are happy to stand behind the comments let them consult a Solicitor and prove otherwise

[Mikeydji]

Re: Check a trade negative feedback

I tried to contact them on several occasions but they would ignore my calls,emails etc.. Until I got my wife to call on her phone in which they answered but not very helpful and are now saying she was rude and abrupt (not true) and they regard that conversation as closure on the matter..

- - - Updated - - -

Ok thank you..

i am am happy with the comments but I don't want to go down that road.

[R0b]

Re: Check a trade negative feedback

First of all publication of statements on web pages are libel and not slander.

What exactly are the words that they are complaining about which is defamatory?

There are 3 defences to defamation:

1. Truth - if the words published are absolutely true (or substantially true) and is up to the trader to prove that the statement is false.

2. The review was a statement of opinion - If the statement concerned was based on an opinion of the work carried out that will defeat the claim.

3. It is in the matter of public interest - if you can show that the publication of the statement was done as a matter of public interest then that will also be a sufficient defence.

Your defence is likely to fall in to category 1 (if you have evidence that backs up the statement) or 2 or both. There is also the possibility that you have a defence under 3 by stating that Check a Trade is specifically a review based website that allows users to post reviews of the services they have received from traders. Therefore the statement published reflected your reviews and it is in the public's interest for them to know your experiences and should not have to worry about the threat of legal action each time a negative review is posted.

Lastly, defamation claims must be issued in the high court (which means higher fees) unless both parties agree in writing to hear the case in the county court.

[Mikeydji]

Re: Check a trade negative feedback

Thank you very much for all your advice. I'm guessing I would be better to just drop it . It doesn't seem worth the aggro .

[R0b]

Re: Check a trade negative feedback

Entirely your choice Mikey,

The burden of proof rests with the trader not you, there is an automatic presumption that there was no libel so the ball is in the traders court. The fact that they are threatening court proceedings right off the bat without consulting you and perhaps working something out sounds to me that they don't like a negative review rightly or wrongly.

[Mikeydji]

Re: Check a trade negative feedback

Yeh Rob I see where your coming from there. I didn't think of it like that. I'm going take that to bed with me and think about that..

[R0b]

Re: Check a trade negative feedback

If you do decide to remove the review, I would suggest that you do so on the basis that it is without admission of liability and they agree not to taken any furth action in respect of this matter.