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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi there. I just want to get some advice. A large company

Customer Question

Hi there.

I just want to get some advice. A large company is telling me they are going to sue me personally (I have no assets or real amount of money) for a comment that has been written on a forum that is registered to an e-mail address I have. I think someone has created the account falsely but I don't have any money to fight a possible case. What would be the best course of action? Just let them sue me (not sure if they are serious about this or if it's just a scare tactic). Coincidentally they have a great many posts on the site by various users on their company, so I don't know how they could prove damages? Please can you advise? i don't mind paying for advice.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I am not sure on what basis they can sue you please?

JACUSTOMER-2c1h6a2w- :

The company said they would sue me for posting a comment that they believe is defamatory and libellous on a forum by a user one month ago. The forum user has an account that is registered to my e-mail address. I can not seem to take the account down or delete the comment and there is no way of directly contacting the forum, and I have no recollection of posting the comment. The forum is full of other users saying what could be taken as "defamatory" comments also, so i don't know how they could prove loss of earnings due to this (what seems like) one singular comment. I have no assets to speak of so they wouldn't be able to claim any costs from me. They would, I suppose, sue me on the basis of writing comments on a forum that was written by the user (using my e-mail address). They also said they got my contact details from a "third party" I have absolutely no idea who this third party could be, or if this "third party" somehow set up an account in my name to write comments, then contacted the above company to report them, but how could I prove that? It's all very strange and I really have no idea what to do!

JACUSTOMER-2c1h6a2w- :

They didn't send the letter to me. They sent it to my old work address and it was sent to me by a colleague by picture message. The lawyers of this company don't have my current address, the only contact they have is my phone number and the e-mail address that was used to register the account on the forum.

JACUSTOMER-2c1h6a2w- :

Basically it's just a company, trying to sue me, personally, on the basis of a forum comment they don't agree with. I can not access this comment to change it, I didn't even write the comment, and I can't delete the account it was made on. They sent me a very threatening letter, and I just wanted to know if it had any basis. The whole contents of the message they are complaining about (outlined in the letter) reads...

Alex Watts : So it's not you?
JACUSTOMER-2c1h6a2w- :

"YES FISCHER is a scam! I used to know someone who worked for the company but he left because he just couldn't reconcile the way they do business with his conscience. They openly tell the salesmen to get as much money as possible out of the customer, that's why they won't give prices on the phone. They sell to old and vulnerable people. It's just a large sales machine with ruthless tactics, made worse because they are losing out to more honest family run companies which they try to bully out of the market (one which he went to an interview for...there were 20 other Fischer salesmen waiting to hear how I did because they can't stand working at Fischer). The radiators aren't even really that good and some of the claims are completely made up. Anyway, they deserve to go out of business."

JACUSTOMER-2c1h6a2w- :

there seem to be a lot of other users on the forum saying exactly the same thing.

JACUSTOMER-2c1h6a2w- :

No it's not me, I don't even remember writing it! But how could I prove it wasn't? It just seems impossible. I don't have the money to fund a whole case proving it wasn't me and delving into the issue. Seems like I'd be better admitting it

JACUSTOMER-2c1h6a2w- :

The text above is what was written on the forum

Alex Watts : If it is not you I would not worry about. Even if they did get judgment they can't enforce it if they do not know where you live.
Alex Watts : Further they would have to have a jury trial in the high court.
Alex Watts : If contested these proceedings would cost in excess of £15,000
Alex Watts : There I would not be too concerned.
JACUSTOMER-2c1h6a2w- :

So they can't do anything if they don't have my home address? The high court is what they were threatening but I wonder as to how sympathetic a jury would be and how they would prove loss of earning

Alex Watts : Its not you and they don't know where you live.
Alex Watts : Exactly.
JACUSTOMER-2c1h6a2w- :

can't they apply to the court for my address?

Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-2c1h6a2w- :

they have my old work address and e-mail

Alex Watts : Yes but they can't issue at work.
JACUSTOMER-2c1h6a2w- :

ok, so as long as they don't know my home address, I shouldn't worry

Alex Watts : It has to be at your last known residential address.
Alex Watts : Can I clarify anything else?
JACUSTOMER-2c1h6a2w- :

Ok thank you

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

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