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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70647
Experience:  Over 5 years in practice
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An individual whom I borrowed money from has posted on their

Resolved Question:

An individual whom I borrowed money from has posted on their Facebook page that I am a con artist and thief and this generated several nasty comments from other people. Ironically, I had just repaid them that same day (in fact, overpaid what I owed).Do I have any kind of legal position on this?
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Are you in business?

What is the basis of the allegation they have made?

Customer: replied 3 months ago.
I am not in business. I was an officer of a hobby club and I made the mistake of getting the club's finances mixed up with my own. I admitted this and repaid the club, no formal legal charges or police charges were brought. This person was a membver of the club. She loaned me money, as did other people. I was in a financial mess at the time, but have since sorted myself out and have repaid everyone above what I owe them. This person has been paid in the same way.
Customer: replied 3 months ago.
I worked out that I owed her around £900. I paid her £1000 by bank transfer,
Expert:  Jo C. replied 3 months ago.

I see.

Are you able to fund an action?

Customer: replied 3 months ago.
The allegation she has made is that I was deliberately conning people and stealing money, which was not the case.
Expert:  Jo C. replied 3 months ago.

Yes, so can you afford to pay for an action against?

Customer: replied 3 months ago.
I could fund an action if needs be. But i want to see what my legal position is, if indeed I have one.
Expert:  Jo C. replied 3 months ago.

Well, you could argue that this amounts to a defamation.

They will probably say that this is fair comments and then all they have to do is show that it is a reasonable comment on the circumstances. That might succeed. It is difficult to say really. Come what may, there was a mixup with funds.

However, you could argue that they have made it sound dishonourable and dishonest and that is not the case. But that will cost, if they contest it, in the region of £10-£20,000.

a better option would probably be to get a solicitor to write to this person warning them of the laws of defamation and asking them to remove the post and desist from making further comment. That is often very effective and not very expensive.

Can I clarify anything for you?

Jo

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 months ago.
No, that's fine, Thank you Jo. A solicitor's letter would be the best thing I think. IN some ways I don't want to open a whole can of worms again, but if the comments continue, then I may have to.
Customer: replied 3 months ago.
Thanks again.
Expert:  Jo C. replied 3 months ago.

No problem and all the best.

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