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Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How can a public website be reported if the content is wholly

Resolved Question:

How can a public website be reported if the content is wholly untrue and is making false claims ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask is this a blog of some kind or similar please?

Joshua :

From what you say facts which are untrue have been published. Is that correct?

Customer:

Yes www.trustfundclub.com. This woman has no qualifications in anything.

Joshua :

thank you. can you demonstrate that there are facts or opinions printed about you which are untrue actually please?

Customer:

It is not a blog. It appears to be a registered company of vast wealth.She claims she was the sole creator and C.o.E of Plastik Beach in Dubai and is a top negotiater and royal adviser.The facts are all documented in the UK and were presented to Judge Atherton in Newcastle Court. A judgement was made but ignored yet recently she has revamped the website and in addition to the wild ramblings and constant posed pictures under "My Story" on the website she mocks both the judgement and "hiding" money offshore and still insists on publicising the lies that were seen in the Court case..Unfortunately she was my son's ex girlfriend and one of the most hard and lying people I have ever met. Some my say a psychotic Walter Mitty who has no respect whatsoever for the Law or moral and or business ethics .

Joshua :

Thanks. The website appears very convoluted. She does appear to be offering services but not in a particularly clear way. Is the website principally a piece of self promotion for "ego purposes" or do you understand that she is attempting to seek monies from individuals for her services using the same?

Customer:

Ms Bennett owes me a 100,000 pounds plus Court expensesas on from the judgement in June 2013 which is accruing interest daily.

Customer:

I agree wholly and now even using it to libel me and my son.Self promotion is a given but also for monetary gain . If it isn't money, it is for assets 7 star holidays and a lot of plastic surgery.

Joshua :

Thanks. there are two potential approaches you can take. If the website is offering goods and services to the public based upon false information then the report can be made either to trading standards order to police using their action fraud service.

Joshua :

www.actionfraud.police.uk/‎

Joshua :

Sorry I have just had to step into a meeting briefly. I will be back in a few minutes with your permission...

Joshua :

Either the police (if she involved in deception to obtain money (fraud) or trading standards if she is breaching consumer protection legislation can take action against her if either of these are the case.

Joshua :

If not then it is possible to take action against her personally. Obviously in respect of recovering monies under the court order you have if she has not since been made bankrupt, if you wish to recover monies you could consider serving upon her a statutory demand for the money owed. This is a warning of bankruptcy proceedings. It costs nothing to prepare a statutory demand and they can be effective in getting reluctant debtors to pay up if they fear being made bankrupt. Applying for bankruptcy will cost the best part of £1000 for you to do but you are not bound to take this second step after serving a statutory demand.

Joshua :

http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form6-02new.doc

Joshua :

One of the most common approaches to is to instruct bailiffs to seize goods to enable the debt to be paid. You may to apply to the High Court under s42 of the County Courts Act and appoint a High Court Enforcement Officer. They can usually execute a warrant within a few days rather than weeks or months that the county court bailiffs can take and can be more effective in chasing the individual for the debt in question.

Joshua :

If she owns property you can request a charging order (a charge on land or property owned by a debtor)

Joshua :

If she has money in a bank account, you could apply for a third party debt order to order the bank to make payment to you directly.

Joshua :

If you need more information in order to decide how best to proceed, you can request an order for her to attend court to provide evidence in respect of his financial circumstances under oath.

Joshua :

The method of enforcement very much depends upon her circumstances. If she has transferred assets into another party's name in the last 5 years by way of gift to avoid creditors then these gifts can be reversed for up to 5 years from the date they were made if she is made bankrupt.

Joshua :

If she is libeling you on the website you can serve a cease and desist letter on her requiring her to take down the information within say 7 days failing which warning that you reserve the right to issue defamation proceedings against her. In practice defamation proceedings require you to show that she has published material to a third party which is untrue and defamatory which has caused you to suffer loss. Such proceedings can be expensive to pursue however a cease and desist letter costs little or nothing to send and can potentially be effective in its own right.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you Joshua that was very helpful. I have contacted Action Fraud and they have asked me to call them. I shall certainly come back to you if I have any more questions.

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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