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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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Good Afternoon, I am having trouble over contractual agreements

Customer Question

Good Afternoon, I am having trouble over contractual agreements with a community centre that I rent currently rent the catering facility from and run as my own business. The problem I have is the Vice Chairman of one of the committees has posted this on facebook
" Wow kev i think all the respect i had for u is gone u are an adult bloody act like one and stop telling people a pack of lies and bloody grow up jesus whats wrong with u if u dont like it here after all the time u been here just go if u dont like it stop being a kid and act like a man and yes anyone else bring yr comments forward but until u know what is going on bloody wind it in nite",
he has called me a liar but has not provided a shred of evidence of why I am nor has anyone backed his accusations, can I sue for libel and defamation due to the fact this has been posted on Facebook for all to see,
many thanks
Kevin Webb
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you know what this is likely to be about?
Customer: replied 2 years ago.

Hi, its a long story but will try and be brief, I run my own catering business inside a community centre, when I started there was not business or good will to take over so we started from scratch. After 17 months we have become successful and the people are flocking to the club for the food, the club now want more money from me but instead of going through the contractual review they have give me three month notice to terminate my contract and I have to retender for my own business and goodwill I have built up. I put a thread on Facebook asking customers for feedback on how have done and also said we are being kicked out. The response has been overwhelming and we have received great support now the club are upset by this and the Vice Chairman has posted two comments on this matter,

thanks

Expert:  Jo C. replied 2 years ago.
But he is alleging a lie?
What is that likely to be about?
Customer: replied 2 years ago.

He has written on facebook for me to stop lying about my situation

Expert:  Jo C. replied 2 years ago.
Yes, so what is that likely to be about?
You don't want to start issuing very expensive actions unless you have pre-empted the argument he is likely to raise.
Customer: replied 2 years ago.

ok i see, all I can say is I posted on facebook :

To all my facebook friends I need your help I have a facebook page called Webbs catering can you all post comments on the service we have provided shire way club as they are terminating our contract as of the 28th June 2015, need your support on this reasons will be known later xxx

He replies:

Kev i cant beleive u are putting things like this on fb u have made a lot of money up the club doing all ur little side jobs . U had the little room up the top for ur diners to eat for free now its been take away and things are not going ur way u now call the club shitway it wasnt called that when u first come there . I dont think asking for more money is a prob as u are not paying much for it as it is . No one has got anything against u as u know urself its just buisseness and earning money ur food is very nice kev as and u are a great chef i am surpprised u are using fb thought u was an adult mate

then this:

Ive never had a prob with kev i thing his food is really nice i just think people should know whats going on they are not kicking kevin out as his term is coming up they have asked him to tender it again which is nothing wrong with that kev should know how it works when u work for urself to many people listen to what people say hey ho

I posted this yesterday:

If a builder leases/rents a van then proceeds to put his logo on it which helps sells his business and all is going well for the builder as trade picks up. The van rental company then thinks hang on he;s making too much money off our van we will cancel his agreement and sell his business to the highest bidder, that way we can get more money as the van has a higher value now it's a profitable business..... PLEASE THINK ABOUT WHAT I HAVE WRITTEN! THEN JUDGE

he replies:

" Wow kev i think all the respect i had for u is gone u are an adult bloody act like one and stop telling people a pack of lies and bloody grow up jesus whats wrong with u if u dont like it here after all the time u been here just go if u dont like it stop being a kid and act like a man and yes anyone else bring yr comments forward but until u know what is going on bloody wind it in nite",

So i am not sure if this makes me a liar or not,

thanks

Expert:  Jo C. replied 2 years ago.
Well, it is difficult to see a lie. Part of the problem is that he can't punctuate or write in complete sentences. On the face of what has been written that is not a lie. He is likely to have some explanation for this though. You need to be aware of that. It is not likely that he would accept this was false.
Accusing somebody of lying can be defamation. It does depend on the nature of the lie but this allegation does seem to imply you are trying to deceive people to gain advantages which is defamatory.
The question is whether you want to bear the cost. A defamation action costs in excess of £10k if he contests it.
A better option might be to get a solicitor or a barrister under public access to write to him warning him of the laws of defamation. That would cost about £50-£100 plus VAT and very often does bring an end to the matter.
If it doesn't then you could seek an injunction forcing him to remove this and not to repeat this specific falsehood but that is expensive.
Complaining to Facebook might get it removed for free.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Based on your sound advice I will get a Solicitor to write a letter to him but someone has just informed this guy is bankrupt, so no need going after him for anything,

many thanks

Kevin

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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