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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. There is nothing specific in law that requires the law firm to go into considerate detail, at this point as to what their client's case is. They could have easily just referred to the website, told you it is potentially defamatory and not included any evidence at all. It is really only once they consider taking the matter to court that they would be expected to build a case for their client and provide the required evidence. However, at the early stage where they just sent you a letter advising you that you have potentially done something wrong, they can include as much or as little detail as they want
I have removed the website as they requested, though i don' beleive i have breached any laws.
They also sent me an undertaking to sign that says 'i undertake that i am responsible for any losses which am support services limited has suffered or may suffer as a result of the creation of the facebook profile or any derogatory and/or defamatory statements made byme.
also 'i undertake that i will not make any derogatory and/or defamatory statements in the future about am support services to any third parties. I am reluctant to sign such a document when i've done nothing of the kind. And aren't i free to express myself within reason, i'm entitled to beleive what i wish wether i'm agreed with or not?
you cannot be forced to sign an undertaking and if they wanted to take the matter further they would need to show that your comments were defamatory and that the company had suffered damages/losses as a result. This may not be easy so usually they would only issue threats and warnings and leave the matter at that, assuming you comply.
Ok, so this letter was just a shot across the bow so to speak? and i am not compelled to sign such an undertaking unless i was taken through the courts and found guilty? is that correct?
not even the court can force you to sign one but if you refuse to sign it now it could prompt them to take the matter further but as mentioned the fact you have taken the site down and possibly proving losses they have incurred would be difficult, this may not go any further
Ok Ben, thanks for your advice. Have a good day.
you are most welcome, all the best