Hello. I am a solicitor with over 15 years experience. I will try to help you with this.
I think from a legal action point of view you have some difficulties. Are the no other circumstances in which a review will be taken down?
Hello. I'm really only need to provide some sort of legal document to the company ( Home-Away ) to show that action is being taken. I don't expect to take any action.That would be nigh impossible. It's only to be able to take bookings in the next month or two, prior to the July and August peak months.
Personally, I think the company have the wrong policy. I certainly won't be renewing my contract with them in September. One slanderous review can cast a deep shadow over all my previous satisfied customers !
I can to a degree prove their review was sladerous. They said there was no personal service. Totally untrue. I spent an hour with them prior to leaving them alone in the house and sent them an e-mail ( which I have ), two days later, asking them how they were getting on and if they needed anything ?
You are right, an action for libel (written defamation as opposed to slander oral defamation) is a very expensive high court action. You could always issue a claim in the small claims court for loss of revenue and allege negligence in the particulars. I think your argument could be that the reviewer owes a duty to you and other users to make sure hs review is fair. He has breached that duty by making his inaccurate review and is causing you financial harm as a result. Follow this link to see the simple procedure for bringing a small claim. To issue you will need to pay an issue fee. The beauty of the small claims court is that you will not have to pay his legal costs if any (except small legitimate expenses) even if you lose the case or drop it at a later date. I think there could be difficulties in actually winning a case like this but you could issue on this basis so that there is an ongoing court case for you to show to Homeaway. The case once issued will take several months to come to a final hearing and you can withdraw at any time.
I hope this answer is helpful.
Thank you. I was in the small claims court many years ago and found it very good. That was the answer I was hoping for. Thanks again and have a good day.
Kind Regards. Nigel Taylor. Bournemouth.