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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience:  I have been practising for 30 years.
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One of our former clients X created a page of our company on

Customer Question

One of our former clients X created a page of our company on Facebook without our knowledge or permission, in secret, in vengeful purposes, and she organised defamation campaign against our company from this page. We, the employees of the company and the company director/owner, can not administer the page and remove any posts as we don't even see them due to the respective settings made by X. Currently, due to repost to at least 120 groups of Facebook, more than 1 mln people involved in this defamation campaign against us. The Campaign of X against our business started on 30/06/2016. This month we have lost more than 7 thousand pounds. X continues to act, and we are losing our business catastrophically. which way is the most optimal solution to our problem?
I hope you can help us to stop this illegal actions against our company
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Do you have a name and address for this person?

Is it aimed at you personally or a limited company?

Have you tried to get Facebook to take the page down?

What is the background to the campaign?

Customer: replied 7 months ago.
it is aimed me personally and the company as well. When we noticed the first defamatory post we reported to Facebook and Facebook just blocked us that we could not see similar posts in future. Background is that our company provided her the service but she wanted more actions for the same fee.
Expert:  F E Smith replied 7 months ago.

I assume you have a name and address.

With regard to everything that is aimed at you personally, go to the police. This is harassment.

The police can give a harassment warning that if this conduct continues, the culprit will be prosecuted.

You can also make an application to court both in respect of you personally and also the company, for an injunction to undertake not to put any more up, to make her take these posts down, compensation for defamation and loss of business, an apology, the costs of making the application to court including solicitors costs.

I would start by getting a solicitor to write a letter threatening all of the above if these posts are not removed within the next 48 hours. On the third day, you can make the injunction application and if the solicitor attaches a certificate of urgency, you could have a court order within a day or so. It is imperative that the solicitor threatens the action before actually rushing off to court otherwise you may not recover the legal costs.

One final word of warning, told the solicitor not to start exchanging copious correspondence. It will be a waste of money. Just one letter and then the court application.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

Customer: replied 7 months ago.
Thank you. 1. I am a Russian advocate. Can I write the letter before action myself? Can I go through whole process myself as a litigant in person? Do I really need a solicitor? 2. I consider that
it is important that she created fake profile of our company on Facebook for this defamation. This is Identity Fraud. Is it?
Expert:  F E Smith replied 7 months ago.

In the United Kingdom, no one can be compelled to use a solicitor so there is no problem writing the letter before action yourself. You can go through the whole court litigation process yourself.

The reason I suggested using a solicitor wasn’t necessarily for the any resultant litigation but to avoid the need for protracted legal proceedings or indeed legal proceedings at all, if the initial letter was robust and threatening enough, she may just take the posts down.

It is identity fraud but she hasn’t gained any financial advantage from it so it’s unlikely the police would be interested. By all means refer it to them as part of the harassment issue also.

Customer: replied 7 months ago.
How much will you charge to write the letter? However, I don't believe that she will write rebuttal without Judgement.
Expert:  F E Smith replied 7 months ago.

I can’t write this letter as a solicitor for you, I can only write the letter coming from you. It will have more weight coming from a local solicitor although if you want to send your own letter in the short term, I can give you the wording for you to put on your own letterhead. I will submit premium services proposal for you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Could you please inform me when I can expect your letter?
Do you need more information from me?
Expert:  F E Smith replied 7 months ago.

I apologise for the delay.

I have been offline all day. I will email you now with contact details and you will have letter in 30 minutes

Expert:  F E Smith replied 7 months ago.

You have the letter now

Customer: replied 7 months ago.
Thank you very much!!!!
This is a very professional letter! As an Advocate, I can Express my admiration for your professional skills. You wrote an amazing letter in such a short time . I have not met such skilled professionals in the UK law!
A question regarding the letter: I did not find any wording to the compulsion to bring the refutation of the information which she had distributed, as this information was spread among at least 1 000 000 people who believed her. She spread it throughout the month, and it became known to us only now.
Customer: replied 7 months ago.
the second question: Do I need to write in this letter the page web-address or leave it that she deleted everything that could be found?
Expert:  F E Smith replied 7 months ago.

I have answered by email

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