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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello I own an online retail company and sell products

Resolved Question:

Hello

I own an online retail company and sell products from various different suppliers available on the market, I had seen other companies selling the same products as myself which was not a problem to me. One day when trying to place an order with a supplier, they replied to me and said that they had a complaint from another of their retailers saying that I was selling their products well below the RRP price, I replied and told them that I knew of another company that was selling them below RRP and the supplier then informed me that it was in fact them that had complained.

I took a look at the suppliers contract and there was nothing in it about selling below RRP etc.

I wrote a letter to this other companies owner, in a professional manner asking her to cease her actions against my company and to stay out of dealings with my company and suppliers. I got a lot of emails back from herself saying that i was copying her company, I was a stalker etc.

She has not proceeded to block me from her personal Facebook and publicly post about my company, myself (mentioning names, uploading screenshots from my personal page).

I need to know how to go about dealing with this woman as she and her friends on her Facebook are publicly slandering me and my business
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Okay, if wrongful thinks are being said about you personally or your business, if this happens on-line on website, it could be libel (another, more serious, form of defamation).

tdlawyer :

You would have to show that the things said would lower you in the estimation of the average person.

tdlawyer :

And that they are untruthful.

tdlawyer :

You would be able to sue in the court if you were defamed.

tdlawyer :

You would be entitled to monetary compensation.

tdlawyer :

It's not usually possible to actually get an order to stop people saying defamatory things but you can get compensation for them.

tdlawyer :

What you could do is consider arguing that this is harassment of you personally.

tdlawyer :

If that's the case, then you can get a court order to stop the harassment.

tdlawyer :

Also, harassment is a criminal offence (defamation is not) and the police can become involved.

Customer:

Ok and how would i know if I have enough evidence to do this, I have screenshots sent by friends of what she has been posting on her Facebook about myself and all emails from her etc

tdlawyer :

With harassment, it might be useful to get the police to have a look, as they cost nothing to review the evidence that you have and can offer you some advice on whether they believe it is harassment.

tdlawyer :

You could instruct a solicitor to review the screenshots etc. and see whether they amount to harassment.

tdlawyer :

It's really a common sense approach of looking at something objectively (as a reasonable person would) and decide whether they conduct complained of/the posting etc., would amount to harassment (as commonly understood).

tdlawyer :

There is no special statutory or magic formulae, there can't be, because the types of harassment could be so many and varied.

Customer:

Ok no problem is there a possibility for yourself to look at these pictures ?

tdlawyer :

We can't do things like this, don't forget, this is a public forum, and we can't advise on specific issues in that way. Also, you wouldn't want to publish them further by uploading them on here!

tdlawyer :

Can I ask whether you're happy with the service this evening please?

Customer:

Alright, yes i am happy but just would of liked some more advice on how to approach this woman as its a daily problem and is conflicting with my business contracts.

Customer:

for example she is encouraging her friends to report myself to trading standards etc however they have never ordered items etc

tdlawyer :

Happy to put some ideas forward for you to think about.

tdlawyer :

This sounds like it could amount to harassment, and again, involving the police would be a great first step.

tdlawyer :

Also, you could issue a county court claim against any harassing party.

tdlawyer :

You could do that using an N1 Claim Form and issue in your county court.

tdlawyer :

You could do both - police and the county court, at the same time.

tdlawyer :

The best thing is to get a solicitor to formally write to them, it's a scary thing most times to receive a solicitors letter that threatens to take you to court. Court can be a costly place to be, and most (normal) people want to stay as far away from a court room as they can!

Customer:

Thats great thanks, XXXXX XXXXX able to get one of these forms off the internet ?

tdlawyer :

Yes, you can get an N1 Claim Form here: http://justclaim.co.uk/court-forms/N1-claim-form.html

Customer:

Thank you very much for your advice hopefully can get some sort of result :)

tdlawyer :

Hope this has been informative. Before issuing proceedings, I would encourage you to speak with a solicitor in person and go through the facts etc., because you cannot do this kind of claim on the small claims track and you would be in the more formal court system.

Customer:

I will make sure that I do, again thanks for all your help

tdlawyer :

You're welcome. Thank you!

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