Well yesterday was an eventful day, we were accused by a number of people of being scam artists. Yes some orders are delayed but they will all be with the recipients in the next couple of days. I could have removed the posts but chose to keep them online to pass on to my solicitor. 4 letters have gone out today, one to a person pretending to be a customer when they were not just to cause trouble, and another whose order was delayed because they didnt put a note on paypal saying who they were when payment had been made in another name. However we will not taking this lying down, each and every person who libelled us on here yesterday, will be pursued for consequential damages. Here is a sneak preview of the first four of our solicitors letter which have gone out today..... *** Place Fort William PH3* *** 18th December 2014 By Post Dear Carla Robertson Your defamatory internet posts and publications We are, a firm of solicitors based in Blackburn that acts for The Canvas Shop (“Client”) in connection with the identification and pursuit of identified instances of libelous statements across the internet. We have been made aware of various posts you, have made and are making on forums around the internet, [namely Facebook] which makes reference to our Client. Our claim We have evidence to prove that the posts posted by you on Facebook contain serious, untrue and highly defamatory comments towards our Client, some of which contain malicious falsehood. In doing so, defamatory comments are being communicated to [thousands] of people throughout the world, posing a serious threat to the reputation of our Client [and various individuals who work for the Client]. These comments seem designed to damage the reputation of our Client in the market place and divert business away from our Client rather than have any fair comment basis. The defamatory threads are as follows: https://facebook/printwurxcanvas?ref=hl The allegations which will be the subject of a possible action are in summary as follows: What a load of shit!! They shouldnt get away with this!! Not only have I wasted a lot of money but now loads of our family wont get these gifts ! Scott Knox think we have been scammed Annie Hardy I defo think its a scam I have email, private message and all they do is give me a number for the parcel office but they can do anything with the tracking number on the parcel! And they want give me it! I have warned them that I will be reporting this if my money is not refunded in my bank by Monday morning! I am so angry! I think its a scam and they are scamming people over the Christmas time where people arent well of with cash anyway! So angry x Like · 1 · 16 hours ago Carla Robertson I honestly think this is a cruel cruel thing to do! Now that u say it, that makes sense they are taking advantage of ppl at this time of year knowing how common a gift these things are especially at this time of year! I mean look At how many people are experiencing the same! Its sick x Like · 16 hours ago Annie Hardy I have contacted the police Im not having it! I have family what live up Manchester so if they want refused my money they will go in there shop!. Its sick and wrong! Something needs to be done and Im doing it! There not getting away with it!, I want stop fighting till I get my money back! They are reading all this n they havent even got the guts to write back!, hope you didnt spend to much on this! Xx Like · 1 · 16 hours ago Carla Robertson Well I was well over £50 ! Even if it was only £5 though I would still be furious because its the principle! I honestly was relying as you were on these as gifts! We live away in the highlands of Scotland so we have no hope of getting in or replacements! Its horrible x We have included a small sample of the posts within the aforementioned threads to illustrate the defamatory and actionable nature of the content contained (“Schedule A”). Please note that this is not an exhaustive list, but merely a token sample to illustrate the nature of the discussion. Under the law of England and Wales, a defamatory statement is one which tends to lower the claimant in the estimation of right thinking members of society generally (Sim v Stretch [1936] 2 All ER 1237). The words are defamatory, identify or refer to the claimant and are published by yourselves to third parties. Legal proceedings In order to protect our Client’s interests we are considering proceedings against you in the High Court. These proceedings would seek remedies including but not limited to the following: substantial damages; an injunction to restrain you from publishing the same or similar statements in the future; and costs. Jurisdiction A defamatory statement is published at the place where it is read, heard or seen, and is not where the material was first placed on the internet. In internet cases, therefore, provided a small number of people have access to the material on the internet in England, the English courts will have jurisdiction to hear the claim against a foreign defendant (Spiliada Maritime Corp v Cansulex Ltd [1987] A.C. 460). Next steps We are not against freedom of speech and recognise the value of fair comment. At this stage neither we nor our Client have any desire to issue legal proceedings against the operators and the Website and we are keen to do all we can to avoid litigation where possible. However, in accordance with the pre-action protocol for defamation, we will desist from issuing legal proceedings provided within 14 days of the date of this letter you agree to do the following: remove from publication in their entirety the defamatory threads to prevent harm to our Client’s business; produce an apology and a declaration that the allegations referred to are false and defamatory and cause such apology and declaration to be published in each of the forums which have given or could give reason for our complaint (such apology to be approved by us prior to publication); provide details of recipients of advice or comments made of this nature, together with contact details for each recipient; provide details of the number of posts made, together with website addresses; make proposals for the payment to us of damages for the harm caused to our reputation; and If the defamatory threads are not permanently removed and the above undertakings are not complied with by 12pm GMT on 19th December we shall revert to our Client with a view to recommending that they commence taking steps towards the swift issue of proceedings without further notice. We draw to your attention the terms of Section 2 of the Defamation Act 1996, under which you have the right to offer to make amends. We await your response by return. In the meantime we reserve our Client’s rights, in particular the right to produce this letter to the Court when it comes to consider costs under CPR 44.3.
Posted on: Fri, 19 Dec 2014 07:21:28 +0000
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