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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75039
Experience:  Qualified Solicitor
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An individual not known to me has put a defamatory revue on

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An individual not known to me has put a defamatory revue on my business worksite Yell.com.The revue states that I dump my work rubbish on the side of the rd.
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: I've been to police contacted the website next door to my property has been turned in to a 8 bed HMO I have had problems with visitors next door parking on the entrance to my drive and at the sides which is on a main rd with double white lines in the middle to prevent people parking here I have filled a jumbo sand bag with other bags and a wooden board on top to stop blowing away and put on my drive which does not allow parking which I can simy pull away when I need to get out. There was a builders bag on the grass verge with sand and cement to the right of my property in front of the HMO that the builders working there had left behind it was there 9 months the council come to remove it. I have contacted Yell who are looking in to this and I asked if the police are allowed to get the person who left the revue details in event I can claim damages for false defamatory comments. They have said they are prepared to do this .I have also discovered a website set up in my name address phone and business on another site Cylex leaving false information also . I have just sent an email informing it is not me who has set up and is false.im looking to have the person individuals taken to court for trying to damage my reputation and business have I got a chance of complete success?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do not know who has done this but suspect is something to do with next door I have lived here 22 years been in business 42 years

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there.

Please copy and paste the exact wording of the review on here

Customer: replied 9 days ago.
Morning Ben
Can I add I went to the Grantham Police Station today who are not interested even though I pointed out it is illegal
Customer: replied 9 days ago.
Ben is online free to talk about this

Hi there. Just to clarify, the pop-up offering you the chance to request a phone call is automatically generated by the site. You are free to request a call and if an expert is available, they will accept it and call you. If no one is free, then your call request will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Customer: replied 9 days ago.
Was under the impression free for first trial

Please copy and paste the exact wording of the review on here

Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Will stay with the online answer Thanks
Customer: replied 9 days ago.
As per the comments Yell .com have removed for revue but I am sure I could ca and have them sent to me
I do have a pic of revue on another site Cylex that I assume the same individual has set up in my name with details contact etc .I didn't even know this was online
Customer: replied 9 days ago.
https://grantham.cylex-uk.co.uk/company/peter-brown-17975205.html?__cf_chl_jschl_tk__=pmd_Rm7HOV7R3EDZbhOd.eIxZpqBqmh2xLYEXR5c_oHFWYc-1631218273-0-gqNtZGzNAjujcnBszQhl
Customer: replied 9 days ago.
Ben I have just been charged £44 I said after noticing that there was a fee that I wanted to talk online as I thought was a free trial look at the chat please
Customer: replied 9 days ago.
You told me was a pop up
Customer: replied 9 days ago.
I do not wish a phone call I thought you had sent to speak rather than text

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 9 days ago.
Excuse me the fee just taken from my account for a telephone conversation I have not had needs to be refunded
Customer: replied 9 days ago.
I cancelled above

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Firstly, unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link:

https://www.justanswer.co.uk/help/contact-us

Hopefully, they will resolve any issues you have to your satisfaction.

Going back to your query, whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are rather difficult to pursue. Many people are keen on suing for defamation without having full appreciation of the law or practicalities of doing so. I will try and clarify the position below to give you a better understanding and cover some of these practicalities.

First of all, certain conditions must be met for the statement to be classified as defamatory. These are:

1. There has to be a defamatory statement - the assessment that is often used to establish this is whether the statement tends to lower the claimant in the estimation of right-thinking members of society generally

2. Its publication has caused or is likely to cause serious harm to the reputation of the claimant – this will vary based on what effect it will have but it really has to be something sufficiently serious

3. The statement has been published by the defendant to a third party

4. The claimant must prove that the words complained of were published about them - this should not be an issue if the claimant is named or clearly identified.

Whilst it may be easy to prove that defamation has taken place, the legal process of pursuing such a claim is often complex and prohibitively expensive. A claim must be made in the High Court and will likely require the help of professional defamation lawyers, so the costs will often be high right from the outset, usually in the thousands. There is also no legal aid available for such claims so the complainant must fund these personally.

You must also consider whether the publisher of the statement can potentially defend the claim. For example, this can happen by proving the statement was true or an honest opinion which could have been made based on the available facts.

Instead of starting legal proceedings it would be best to contact the publisher of the comment, advise them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement and issue an apology. A solicitor can also be instructed to write such a letter, although here will be costs involved and it does not always make a huge difference. Either option could prompt the publisher to reconsider their position, which would avoid the need for court action. Of course, if they refuse to comply the option of suing still exists, but consider the above information before going down that route.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.