Ask a Law Question, Get an Answer ASAP!
Hello, my name is Ben and it is my pleasure to assist you with your question today.
What did Care Direct do as a result of her complaint?
They called me and told me they got a complaint about me drinking wine in front of the nurse....told me I was banned from that place...very rudely
There are at least 3 people who I'm p[rety sure would vouch for me...staff from the residence
Especially I took my sparkling water and put it close to her nose
is anyone still there?
and,Care Direct sent forms for an updated CRB as mine was about 3 years old...they had that copy but wrote y name and Birthday wrong in threre
ok let me get my response ready please
I SURE HOPE I WILL GET A RESPONSE....I WILL CALL THE BANK,CANCEL
CALLING MY BANK...
ok not sure why you are doing this but if that is what you want...
I'M NOT GETTING ANY RESPONSE
I thought no one was going to aswer
is anyone going to assist me?
at least say something...anything,I feel like I'm talking by myself like thr tv
Hi I am still here, but as mentioned above I will need to get my response ready please...I can't just give you an answer in a couple of minutes,
that's all I needed to hear
can we please start over?
My name is Daniela Barbu...pleasure
yes no problem, hi Daniela, I will respond on here shortly
Thank you bx
is everything ok? x
also my crb as I said,I paid for it but they got it with y birthday and last name wrong
isn't that an offence?
Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now.
First of all, certain conditions must be met for the statement to be classified as defamatory. These are:
1. The statement has to be untrue.
2. It must directly identify the complainant.
3. It must have been published, usually communicated to at least another person.
4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.
5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.
There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above.
As to the CRB, that is not an offence, it is an error, it can be corrected if needed
the statement she made,was directly to my recent employers
and I lost y job
because of that
there ios more than serious harm done as I am planning to attend the police academy ,I will need all the references from my previous jobs
The statement may indeed be defamatory but that is not the issue, you are easily looking at £15,000, maybe more to make a claim for defamation so you need to ask yourself whether that is a realistic option for you to pursue
the statement is veryyyy untrue as I opened my sparkling water and got it so close to her nose where I'm sure the whole ;personal vendeta started
it was defo published,comunicated to my employers
and obviously at the place of her job
the way she sppoke to me,I could swear she hates white people...I tried to ask some questions in the begining and she totally didn't hear me
after she smelled the water,I asked her to pl,ease not make bad jokes as I work for a agency
as I said,I even got in her face and her nose and gave her a huge breath....
she then said...oh well,I thought something around smellet like wine
Ok,I hear you,my only question is...why is it so hard to pursue it if it's so black and white?
ok I understand all of that but then we just have to go back to what you can do about it, which is as explained above so unless you have all that money and are willing to risk it top pursue this, then it would be unrealistic to take it any further. It is not that easy to pursue because in everyday life we all come across situations where someone says something we do not agree with - if everyone started suing each other because of that, the legal system will collapse
basically she only told my employers that after I told one of the managers that she wanted to lecture me all nigjht,he started laughing so hard,her face got all kinds of shades
SHE DID NOT SAY SOMETHING I DID NOT AGREE WITH
SHE COSTED ME MY JOB
I HAVE AT LEAST 3 MEMBERS OF THE STAFF WHO WILL BACK ME UP
SO,THEREFORE,THE SYSTEM WILL NOT COLAPSE CAUSE I DID NOT AGREE WITH HER LYING
SHE WAS VERY ANGRY WHEN ONE OF THE MANAGERS STARTED LAUGHING SO HARD....
It is not just about something you do not agree with, I am including lies in this - people lie every day in different situations but that does not mean everyone who is affected can go and sue them easily - you can take action but you have to be prepared to spend the money and risk it if it does not succeed - I cannot make up options that do not exist, all I can tell you is what your actual position is based on the current legal system - why it may be inadequate is something you need to ask the lawmakers
CAN YOU PLEASE SEND ME...IF YOU DON'T MINDWHAT DO YOU BASE YOUR THEORY ON? IF IT'S IN THE LAW BOOK,CAN YOU PLEASE REFER TO THE PAGE AND SECTION
I WOULD REALLY APPRECIATE IT
THANK YOU ANTICIPATED
this is not a theory, this is established law - you have the Defamation Act dealing with defamation actions, but then you have to consider the process of making such a claim and I can tell you that these claims are very complex and expensive - the fact that they are complex and expensive will not be written down anywhere, this is just a fact of life
I have a hard time believing the legal system does not protect prejudism...instance,I am a lesbian and she said I was gonna burn in hell
there's no way just cause she got her feelings hurt....she has the right to get me fired
no,I want you to refefr,please
refer to what specifically? I think you misunderstand the law in this country - you do not get EVERY single bit written down somewhere that you can refer to...what do you want me to refer to specifically?
inadequate it is not,because I know for a fact,you do not have to be a celebrity for someone with a personal vendeta to have the power to ruin your future
such as...going into the academy
you are missing the point - it is not that you cannot pursue it, it is that realistically that would be very difficult unless you have the funds to make the claim and take it all the way
and you have not given me ant facts...i want facts................not fiction
you have the facts, you just do not want to accept them, so I am afraid I cannot help you any further in this respect, I am sorry
so,then,you're trying to say this clountry has no written laws
specifically I would like you to open up a book from your law school and quote
in regards to deformation of character
how much is this session costing me please?
I need to know
of course it has written laws, plenty of them, but whatever I refer you to will not change anything, you seem to be ignoring the fact that I am trying to advise you of the realistic prospects of pursuing this, I am not telling you that there is no law you can rely on, but I am telling you that you will find it very hard to apply it unless you open up your chequebook and pay lawyers thousands of pounds and also will not get a guarantee of being successful
And the fact it is difficult to pursue has nothing to do with written laws, that is just a fact
you do not get every single bit written down,meaning...we use our best judgement???
experience, knowing the legal system, judgment, whatever you want to call it
experience...you mean there isn't a certain law written down in this country...every one uses their experience and their best judgment
must be nice
I know some of the legal system too,and I have common sense....good judgement
ok...I am going to repeat this again for the third time...the laws are written, I have referred you to the Defamation Act that deals with defamation - this is not the point. I have already told you that you have the laws in place to protect you, I did not once say that you do not have laws that protect you. What I have said numerous times is that applying the laws will be highly unrealistic in this situation, that is it, we are talking about reality here, the difficulty of pursuing a claim...it is not that the laws are not written down or that they are not there...
Never have you referred me to the Defamation act
cause if u woul have ,u could copy ,paste
post above at 1.24pm
now,that u finally understood what I meant by reffering
and you didn't anwer me....how much is this costing me????????????????????????????
whatever deposit you have paid, I can't see the specific amount as I am not part of the customer service team, you would have selected an amount to pay when you posted the question
and u said there are no public defenders?
what do you mean by public defenders?
by why so many funds when it's so black and white
i will pay
cause I kn ow if I have a good lawyer I will winn,being that she lied,I am in the right....she cannot deny what she said,yet,she cannot prove me wrong
like I said,I don't ind spending some money
cause if my attorney knows his job...I am very confident we can winn
I cannot say why defamation claims are expensive to pursue, it is just the way it is. So all I can say is - you can pursue a claim for defamation and I have given you the requirements for such claims. So if you want to pursue it, by all means you can do so and contact lawyers to take this further for you
public defenders=lawyers who will take cases for ppl who cannot afford ....
in the states
I don't know what they're called here ,sorry
are you an attorneey?
yes I know what you mean - you have them here but they are for criminal matters, you will not get public help for defamation matters.Yes I am an attorney (lawyers as we are known here)
or a law expert?
cause if u are not an attorney.....this is missleading clients big time
aha,for me to contact lawyers????????????
I just did...thjat's what it sais on the site
get your answers within minutes with experienced attorneys
I am talking about contacting lawyers to take the case on for you - we do not do that, we discuss your situation with you, provide answers to your questions (which I have done extensively above) then it is up to you what you do, whether you make a claim or not and if you want a lawyer to act for you then you go and find one in person
solicicitors you mean here
attorneys and lawyers are also called in the states
yes solicitors, solicitors are lawyers
but we do not use the term attorney here
what do you call public defenders here?
they are lawyers as well
I just said...solicitors=attorneys=lawyers
never mind that
public defenders,what are they called here?
I just said that Ben
I know solicitors are attorneys
but that's not the issue here
I am talking about public defender, you are mixing up the replies, publc defenders will be lawyers
that is what I was answering
lawyers are attorneys
pd are fresh out of law school getting experince
that may be the case in the US, but we are not talking about that here
we do not have that system here
in my case,would it really cost me 15.000?
most likely yes, even more probably, but until you take the matter all the way to the end you would not know, so if you want to pursure it, you will now have to find a lawyer that is willing to represent you and pursue the matter with their help
so you would not be willing to take my case?
i cannot do that, we are not allowed to take on clients through this site we just discuss your options over this forum
wow,that is messed up...I understand though
how can I send a picture on this ? the attachment only lets me send medical procedures
what is the attachment for?
just wanted to send you a pic...after all,you should know who you're talking to :D
unless it's a problem
I am not sure, there is the paperclip icon to attach files but I do not deal with that part, you can always email it to [email protected]
no,it's not important
the atachment icon brings me to plastic surgery,lol
what a gold mine?
hah, not sure why that is, nevermind
I'm serious,on the left of your picture(the mug shot)lol...al kinds of plastic surgery procedures...very tempting :P
I don't see that. it must be advertising of some reason, I am not a plastic surgeon thats for sure
in the other page u r pic looks much better...change this one to that??
I only have one photo on here...
anyway, I am due in a meeting in a min or so, can I clarify anything else for you before I go
I really need to know how to prove that this agency I'm working for
faked 10 diplomas for me
I really wanna get them indians a h
excuse my french
I know it's illegal
ok but that is a completely separate matter I'm afraid, this is not your original query so will need to be posted as a separate question
So I was referring to the original query - is that all in relation to that one?
ok so what would you like to know, bearing in mind I have discussed all your rights and your position above...also can I just clarify you only get 10mins of chat...I intentionally extended that to 2 hours to try and help, when I could have ended this after the initial 10mins...
I just wanted to sex u up
but u don't want me
you re probably on the wrong site for that kind of stuff :)
noooooooooooo im a lesbo
ok we are somewhat digressing now, I do have other customers to help as well though so going back to the issues is that it in relaiotn to the legal side of things?
I need to know whether to close this or not please
ok...so can you please just select one of the smiley faces you should see on the page
Hi, you just disappeared after we chatted for more than 2 hours, can you please just let me know if you have picked a choice for the service from the smiley faces? Thanks