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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44921
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi,my name isXXXXX am a Health Care Assistant,presently

Customer Question

Hi,my name isXXXXX am a Health Care Assistant,presently employed for a temporary agency,Care Direct in Hastings. A few evenings ago,I was assigned to a high Dependency residential place,working with Adolescents between 14 to 17 year olds. I actually really enjoyed working there that evening,I like a challenge. Long story short,there is a nurse there who(at least that's how I felt)...felt she had the need to lecture us,I am positive she reipeted herself so many times I felt uncofortamble going into the office unless I really had to. I got there about 5pm,around 6pm I took out brand new,unopened highlands spring sparkling water,where the particular nurse made a coment as...what is in that bottle? it smells like wine. At this point,I took the bottle to her nose as well as my breath and asked her to stop making bad jokes as I work for a angency. Towards the end of the night,about 11.30 pm,I turned in my charts..one on one,the girl had to be with me while I had under my observation every 10 mins another resident,and every 30 ins check all the rooms and sign. As the last chart was handed to me by a young boy who doesn't speak english,I wasn't told what and how many pages I had to keep track on. So I filled out all the notes in the 3 charts except there were3 more pages the indian boy couldn't comunicate and I wasn't told to fill them out. The "nurse" got all bent out of shape,made a big deal...asked me why and what...I wasn't told aboutvthe other 3 pages...so I offered to fix it...but no,now the nurse wanted to start a real lecture as our driver had been sitting outside for akmost 30 mins. I told her,please let me fill them out...no luck,she insisted on a lecture. Andrei,staff member walked in,asked what'as going on,wgere II said,this lady wants to lecture me all night but,the driver is waiting,she insisted she will teach me ......long story shorter...she call Care Direct where I'm presently employed and told them I opened a bottle of wine in front of her...I cannot have someone deform my caracter as I will be moving to London in a few months,btw,I am not a drinker and even if I do have a bacardi in a weekend
I wouldn't dream to bring a bottle of wine and drink it in front of the nurse. I am very upset,haven't been able to sleep,eat,etc...as she caused me my job,calling Care Direct to tell them. If you can please help me prove deformation of caracter,please,I need help with this. Respectfully,Daniela Barbu
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

What did Care Direct do as a result of her complaint?

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

There are at least 3 people who I'm p[rety sure would vouch for me...staff from the residence

JACUSTOMER-3oez42iw- :

Especially I took my sparkling water and put it close to her nose

JACUSTOMER-3oez42iw- :

hello

JACUSTOMER-3oez42iw- :

is anyone still there?

JACUSTOMER-3oez42iw- :

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

Ben Jones :

ok let me get my response ready please

JACUSTOMER-3oez42iw- :

WELL

JACUSTOMER-3oez42iw- :

I SURE HOPE I WILL GET A RESPONSE....I WILL CALL THE BANK,CANCEL

JACUSTOMER-3oez42iw- :

I

JACUSTOMER-3oez42iw- :

CALLING MY BANK...

JACUSTOMER-3oez42iw- :

STOPING PAYMNT

Ben Jones :

ok not sure why you are doing this but if that is what you want...

JACUSTOMER-3oez42iw- :

WELL

JACUSTOMER-3oez42iw- :

I'M NOT GETTING ANY RESPONSE

JACUSTOMER-3oez42iw- :

sorry

JACUSTOMER-3oez42iw- :

I thought no one was going to aswer

JACUSTOMER-3oez42iw- :

is anyone going to assist me?

JACUSTOMER-3oez42iw- :

please

JACUSTOMER-3oez42iw- :

at least say something...anything,I feel like I'm talking by myself like thr tv

Ben Jones :

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,

JACUSTOMER-3oez42iw- :

ok

JACUSTOMER-3oez42iw- :

that's all I needed to hear

JACUSTOMER-3oez42iw- :

now,I understand

JACUSTOMER-3oez42iw- :

can we please start over?

JACUSTOMER-3oez42iw- :

My name is Daniela Barbu...pleasure

Ben Jones :

yes no problem, hi Daniela, I will respond on here shortly

JACUSTOMER-3oez42iw- :

Thank you bx

JACUSTOMER-3oez42iw- :

x

JACUSTOMER-3oez42iw- :

is everything ok? x

JACUSTOMER-3oez42iw- :

also my crb as I said,I paid for it but they got it with y birthday and last name wrong

JACUSTOMER-3oez42iw- :

isn't that an offence?

Ben Jones :

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.

Ben Jones :

As to the CRB, that is not an offence, it is an error, it can be corrected if needed

JACUSTOMER-3oez42iw- :

ok

JACUSTOMER-3oez42iw- :

the statement she made,was directly to my recent employers

JACUSTOMER-3oez42iw- :

and I lost y job

JACUSTOMER-3oez42iw- :

because of that

JACUSTOMER-3oez42iw- :

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

Ben Jones :

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

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

it was defo published,comunicated to my employers

JACUSTOMER-3oez42iw- :

and obviously at the place of her job

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

after she smelled the water,I asked her to pl,ease not make bad jokes as I work for a agency

JACUSTOMER-3oez42iw- :

as I said,I even got in her face and her nose and gave her a huge breath....

JACUSTOMER-3oez42iw- :

she then said...oh well,I thought something around smellet like wine

JACUSTOMER-3oez42iw- :

Ok,I hear you,my only question is...why is it so hard to pursue it if it's so black and white?

Ben Jones :

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

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

nooooooooooooooooooooooooooooooooooooo

JACUSTOMER-3oez42iw- :

SHE DID NOT SAY SOMETHING I DID NOT AGREE WITH

JACUSTOMER-3oez42iw- :

SHE COSTED ME MY JOB

JACUSTOMER-3oez42iw- :

SHE LIED

JACUSTOMER-3oez42iw- :

I HAVE AT LEAST 3 MEMBERS OF THE STAFF WHO WILL BACK ME UP

JACUSTOMER-3oez42iw- :

SO,THEREFORE,THE SYSTEM WILL NOT COLAPSE CAUSE I DID NOT AGREE WITH HER LYING

JACUSTOMER-3oez42iw- :

SHE WAS VERY ANGRY WHEN ONE OF THE MANAGERS STARTED LAUGHING SO HARD....

Ben Jones :

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

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

I WOULD REALLY APPRECIATE IT

JACUSTOMER-3oez42iw- :

THANK YOU ANTICIPATED

Ben Jones :

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

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

second

JACUSTOMER-3oez42iw- :

there's no way just cause she got her feelings hurt....she has the right to get me fired

JACUSTOMER-3oez42iw- :

no,I want you to refefr,please

JACUSTOMER-3oez42iw- :

law n

JACUSTOMER-3oez42iw- :

r?? ;page...legal....////anything

JACUSTOMER-3oez42iw- :

please refer

Ben Jones :

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?

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

such as...going into the academy

JACUSTOMER-3oez42iw- :

it's serious

Ben Jones :

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

JACUSTOMER-3oez42iw- :

and you have not given me ant facts...i want facts................not fiction

Ben Jones :

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

JACUSTOMER-3oez42iw- :

so,then,you're trying to say this clountry has no written laws

JACUSTOMER-3oez42iw- :

specifically I would like you to open up a book from your law school and quote

JACUSTOMER-3oez42iw- :

in regards to deformation of character

JACUSTOMER-3oez42iw- :

how much is this session costing me please?

JACUSTOMER-3oez42iw- :

I need to know

Ben Jones :

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

Ben Jones :

And the fact it is difficult to pursue has nothing to do with written laws, that is just a fact

JACUSTOMER-3oez42iw- :

you do not get every single bit written down,meaning...we use our best judgement???

Ben Jones :

experience, knowing the legal system, judgment, whatever you want to call it

JACUSTOMER-3oez42iw- :

experience...you mean there isn't a certain law written down in this country...every one uses their experience and their best judgment

JACUSTOMER-3oez42iw- :

must be nice

JACUSTOMER-3oez42iw- :

I know some of the legal system too,and I have common sense....good judgement

Ben Jones :

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...

JACUSTOMER-3oez42iw- :

Never have you referred me to the Defamation act

JACUSTOMER-3oez42iw- :

cause if u woul have ,u could copy ,paste

JACUSTOMER-3oez42iw- :

show me

Ben Jones :

post above at 1.24pm

JACUSTOMER-3oez42iw- :

now,that u finally understood what I meant by reffering

JACUSTOMER-3oez42iw- :

hallellujahhhhh

JACUSTOMER-3oez42iw- :

and you didn't anwer me....how much is this costing me????????????????????????????

JACUSTOMER-3oez42iw- :

copy,paste,please

Ben Jones :

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

JACUSTOMER-3oez42iw- :

my bad

JACUSTOMER-3oez42iw- :

u did

JACUSTOMER-3oez42iw- :

sorry

JACUSTOMER-3oez42iw- :

and u said there are no public defenders?

Ben Jones :

what do you mean by public defenders?

JACUSTOMER-3oez42iw- :

by why so many funds when it's so black and white

JACUSTOMER-3oez42iw- :

i will pay

JACUSTOMER-3oez42iw- :

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

JACUSTOMER-3oez42iw- :

like I said,I don't ind spending some money

JACUSTOMER-3oez42iw- :

cause if my attorney knows his job...I am very confident we can winn

Ben Jones :

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

JACUSTOMER-3oez42iw- :

public defenders=lawyers who will take cases for ppl who cannot afford ....

JACUSTOMER-3oez42iw- :

in the states

JACUSTOMER-3oez42iw- :

I don't know what they're called here ,sorry

JACUSTOMER-3oez42iw- :

are you an attorneey?

Ben Jones :

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)

JACUSTOMER-3oez42iw- :

or a law expert?

JACUSTOMER-3oez42iw- :

cause if u are not an attorney.....this is missleading clients big time

JACUSTOMER-3oez42iw- :

aha,for me to contact lawyers????????????

JACUSTOMER-3oez42iw- :

I just did...thjat's what it sais on the site

JACUSTOMER-3oez42iw- :

get your answers within minutes with experienced attorneys

Ben Jones :

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

JACUSTOMER-3oez42iw- :

solicicitors you mean here

JACUSTOMER-3oez42iw- :

attorneys and lawyers are also called in the states

Ben Jones :

yes solicitors, solicitors are lawyers

Ben Jones :

but we do not use the term attorney here

JACUSTOMER-3oez42iw- :

what do you call public defenders here?

Ben Jones :

they are lawyers as well

JACUSTOMER-3oez42iw- :

I just said...solicitors=attorneys=lawyers

JACUSTOMER-3oez42iw- :

never mind that

JACUSTOMER-3oez42iw- :

public defenders,what are they called here?

JACUSTOMER-3oez42iw- :

yes

JACUSTOMER-3oez42iw- :

I just said that Ben

JACUSTOMER-3oez42iw- :

I know solicitors are attorneys

JACUSTOMER-3oez42iw- :

but that's not the issue here

Ben Jones :

I am talking about public defender, you are mixing up the replies, publc defenders will be lawyers

Ben Jones :

that is what I was answering

JACUSTOMER-3oez42iw- :

noooooooooooooo

JACUSTOMER-3oez42iw- :

lawyers are attorneys

JACUSTOMER-3oez42iw- :

not pd

JACUSTOMER-3oez42iw- :

pd are fresh out of law school getting experince

Ben Jones :

that may be the case in the US, but we are not talking about that here

Ben Jones :

we do not have that system here

JACUSTOMER-3oez42iw- :

in my case,would it really cost me 15.000?

Ben Jones :

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

JACUSTOMER-3oez42iw- :

so you would not be willing to take my case?

Ben Jones :

i cannot do that, we are not allowed to take on clients through this site we just discuss your options over this forum

JACUSTOMER-3oez42iw- :

wow,that is messed up...I understand though

Full Size Image

JACUSTOMER-3oez42iw- :

how can I send a picture on this ? the attachment only lets me send medical procedures

Ben Jones :

what is the attachment for?

JACUSTOMER-3oez42iw- :

just wanted to send you a pic...after all,you should know who you're talking to :D

JACUSTOMER-3oez42iw- :

unless it's a problem

Ben Jones :

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] and they can forward it on to me if needed

JACUSTOMER-3oez42iw- :

no,it's not important

JACUSTOMER-3oez42iw- :

the atachment icon brings me to plastic surgery,lol

JACUSTOMER-3oez42iw- :

what a gold mine?

Ben Jones :

hah, not sure why that is, nevermind

JACUSTOMER-3oez42iw- :

I'm serious,on the left of your picture(the mug shot)lol...al kinds of plastic surgery procedures...very tempting :P

Ben Jones :

I don't see that. it must be advertising of some reason, I am not a plastic surgeon thats for sure

JACUSTOMER-3oez42iw- :

in the other page u r pic looks much better...change this one to that??

Ben Jones :

I only have one photo on here...

Ben Jones :

anyway, I am due in a meeting in a min or so, can I clarify anything else for you before I go

JACUSTOMER-3oez42iw- :

yes

JACUSTOMER-3oez42iw- :

please

JACUSTOMER-3oez42iw- :

I really need to know how to prove that this agency I'm working for

JACUSTOMER-3oez42iw- :

faked 10 diplomas for me

JACUSTOMER-3oez42iw- :

I really wanna get them indians a h

JACUSTOMER-3oez42iw- :

excuse my french

JACUSTOMER-3oez42iw- :

I know it's illegal

Ben Jones :

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

JACUSTOMER-3oez42iw- :

never mind

Ben Jones :

So I was referring to the original query - is that all in relation to that one?

JACUSTOMER-3oez42iw- :

no

JACUSTOMER-3oez42iw- :

sorry

Ben Jones :

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...

JACUSTOMER-3oez42iw- :

I just wanted to sex u up

JACUSTOMER-3oez42iw- :

but u don't want me

Ben Jones :

you re probably on the wrong site for that kind of stuff :)

JACUSTOMER-3oez42iw- :

noooooooooooo im a lesbo

Ben Jones :

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?

Ben Jones :

I need to know whether to close this or not please

JACUSTOMER-3oez42iw- :

noooooooooooooooooooooooooooooooooooooo

JACUSTOMER-3oez42iw- :

kidding

Ben Jones :

ok...so can you please just select one of the smiley faces you should see on the page

Ben Jones :

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

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