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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3496
Experience:  Solicitors 2 years plus PQE
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I feel I have been a victim of a ponzi scheme. There are numerous

Customer Question

I feel I have been a victim of a ponzi scheme. There are numerous other investors, employees ,clients who also feel aggrieved, and we want to film our opinion and put it on Youtube. Are we allowed to publish our opinion on the company and what riders to we have to make clear to ensure we do not get sued by the company. Can we film negative testimonials?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I would not recommend doing this for the following reasons:
1. If you ever wanted to bring a court claim against this company it could prejudice the claim;
2. The company would then have clear evidence of you making allegations against them and you are giving them ammunition to bring a defamation claim;
3. If these people are fraudsters then there may be a criminal complaint against them that would also be prejudiced.
I would recommend you would be better off either sharing this story with a journalist and letting them do the investigatory work and take any heat from the allegations and/or commencing a group litigation against this company.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Your answer is not what I was looking for.

I do not wish to sue them. I want ,with the others, to talk about our experience to stop others becoming victims. I need to know what we need to put on/in the negative video testimonials to cover us from litigation. We can put the interviews in the form of questions that people might ask before getting involved for example.

Can we give a review of our own experiences?

I want to publicise this, and your first answer does not guide me on what we can do.

Please reply in more detail.

Thanks

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If you are going to do this you can include a review of your own experiences, but you must only include matters that are factual and that you can verify. Anything that is merely speculative or conjecture you must avoid saying.
If it comes down to a dispute of fact in a defamation claim by this company and it is your word against the word of say a sales person in this business, then the courts would consider who has the most consistent evidence and statement. Therefore you should really only accept accounts from people that remember in significant detail what happened. This is because the more detailed the account, the more reliable it will be considered as a witness statement and therefore the more likely it will be accepted as fact.
The point is you must not include people that are simply angry and want to rant and discredit. You must include people that can provide an accurate and factual account of what happened regardless of how damning it may be. Taking this approach and doing your research is key, because telling the truth is a defence against any defamation claim.
Kind regards
AJ
Customer: replied 1 year ago.

If I am putting a title on Youtube for search engines.

What is your advice on subject headline

ie

Shirlaws Scam? 10 personal stories

How can we phrase the subject please

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I would probably try and stick with something neutral like "Customer Feedback" - "Customer Review" - "Customer Warning". I would try and avoid using the word scam - people can make up their own mind, and as explained it could prejudice a criminal investigation.
If you wanted to make it clear that this is a negative article you could use the words "Customer Complaints".
Kind regards
AJ

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