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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Briefly this revolves around a park, MOD beach and new expensive

Resolved Question:

Briefly this revolves around a park, MOD beach and new expensive housing development and I have been trying to get answers for many years.
I attended a meeting of Councillors and local residents on Monday 2nd November 2015 and asked the following question of the Council leader 'Where as far back as 2007 did the developers get the idea that they could advertise their properties as having a Private Park and beach'
The answer was along the lines of 'It would have been a marketing ploy' to which I replied 'That is fraud - are the Council implicated?'
No answer
Anyway I never mentioned dogs or dog-walkers or people still using the MOD beach.
I got an email the following morning from a reporter of the local paper (the Echo) saying he wanted to speak to me about dog-walkers STILL using the dangerous MOD beach.
My email reply was clear - I said I would talk about the subject I raised - suspected fraud and nothing else. I never heard back from him.
On the 5th November 2015 a small article appeared in the Echo (below)
DOG WALKERS DEFY DANGER
Dog walkers are still using a stretch of beach owned by the Ministry of Defence, despite signs warning people not to use the area. Paul Metcalfe, who lives in shoebury, told a meeting of residents and councillors people were still walking on the foreshore from shoebury common to East beach, despite the risk of stepping on explosives left behind by MOD training exercises.
End of transcript.
Apart from the above being total lies, I believe someone is trying to discredit me because their is a fraud.
I do have evidence of adverts and the MOD have given me reasons in writing why a narrow stretch of beach may be regarded as Private. Also £1M plus houses abut the beach in question.
There is a lot more to this twisted affair but I need to challenge the untrue article that was printed.
Paul Metcalfe
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know what loss you have suffered please?
Customer: replied 1 year ago.
The only financial loss to myself will be solicitors fees but I believe the newspaper article was intended to shut me up and discredit myself and others in order to keep the suspected fraud under covers.
Expert:  Ash replied 1 year ago.
Ok. Then unless you have suffered a loss you can't really take action. Fraud is a representation which causes a loss to one and a gain to another. The Police may or may not investigate this - you can't make them. But it may be more of a Trading Standards issue because if the person buying hasnt complained then it may be in relation to advertising only.
As for the Solicitor fees you can only recover these as a small claim.
You need to write and set out your losses (Solicitor fees) and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
I have obviously confused you with the background of the issue. I simply want to know if I can take action against the newspaper that printed stuff I was supposed to have said at the meeting. They did not print anything about what I said (the suspected fraud) but invented a whole new conversation. It also appears that they are not willing to retract or apologise.
Expert:  Ash replied 1 year ago.
Yes you can but ONLY if you have suffered serious harm. That is the test in Court.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the information and there is not much I can say apart from a dishonest newspaper (for reasons unknown) gets away with printing utter lies. Anyway, it will save me wasting money trying to bring them to book.