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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8325
Experience:  Barrister at law
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Me and my partner are being sued, Uk, They just said they're

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Hi, me and my partner are being sued
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: They just said they're going to sue us no steps so far We are looking to instruct solicitors
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 10 days ago.
The matter is civil we left some reviews on the site which were removed in 2 hours

Good morning.

My name is ***** ***** I’m happy to assist you today. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

What exactly are they suing you over? Have they issued a letter before action in this case?

What was controversial about the reviews and did they express your true opinions/ experiences?

Customer: replied 10 days ago.
We had bad experiences with them communication wise and they were experiencing difficulties there end to complete the case, they were making communication difficult and we were in the process of making a complaint
Customer: replied 10 days ago.
We left the reviews which we felt were our feelings

OK, let me be more specific -

What type of company is this?

What did your review say?

How have they threatened legal action and what action are they pursuing?

Customer: replied 10 days ago.
It was a solicitors firm dealing with a house sale and it was just that they were unprofessional and poor communication skills, we have emails detailing to them and from them where they were very rude
Customer: replied 10 days ago.
They have said they can't act for us any longer as they are suing us
Customer: replied 10 days ago.
The reviews were taken down immediately when requested and we found new solicitors to deal with our case
Customer: replied 10 days ago.
It is causing alot of stress

OK, I see. I understand this is stressful.

Can you send me a copy of the communication where they say they are suing you?

You would think that they understand how defamation law works, but from what you have said your review was an honestly held belief expressed as an opinion so you should have a full defence should they bring a claim against you.

They also have to establish actual repetitional loss which results in financial hardship to claim for damages - again I fail to see how they could establish this if the review was removed almost as soon as it was posted.

If you can forward the communication I can look over this for you to see what is going on.

Customer: replied 10 days ago.
I don't have copies as It was removed right away
Customer: replied 10 days ago.
The email was basically we are suing you and your partner for defamation
Customer: replied 10 days ago.
They didn't list anything in the email just that they were no longer acting for us
Customer: replied 10 days ago.
actual loss, it was removed after less than 2 hours.
Customer: replied 10 days ago.
This is a screenshot

OK. You have said they were rude, poor at communication, unprofessional and that they should be avoided.

You have stated that you were hung up on mid conversation. You have named two individuals at the firm that treated you poorly.

All of this, presumably is true and a reflection of the experience you were having.

I am struggling to see that they have a case against you under defamation law given that these were true beliefs and also how they would establish any reputational damage/ financial loss as a result.

Again - can you forward their email informing you that they were suing you?

Customer: replied 10 days ago.
File attached (123631M)
Customer: replied 10 days ago.
We also have an estate agent who said basically they were digging their heels in with processing our case because they were unable to process the correct documents
Customer: replied 10 days ago.
We were claiming a help to buy Isa and they were having technical difficulty with their online portal, they told us previously it was in the process and we felt we wasn't being treated well at all for a very simple thing
Customer: replied 10 days ago.
How can they show actual loss?
Customer: replied 10 days ago.
It's not a problem with the portal as we have spoken to other sols who are using it currently. They also said they needed to reregister with the help to buy Isa scheme

OK.

The email "I'm afraid we have no choice but to sue for defamation" is pretty nonsensical. Of course they have a choice. If they understand the law, as I would hope that they do, they would understand that a true belief/ opinion is a defence. From your account they did do a poor job, were rude and unprofessional - nothing you said was untrue.

They also have to demonstrate 'serious harm' to their reputation. One disgruntled client publishing a review that was taken down after 2 hours is not going to do this.

I would suggest that at this stage, they have not issued any form of claim against you. There is no letter before action, there are no court papers issued.

My view is that I would be very surprised if this went further.

I'd also suggest that you could complain about the level/ quality of service to the solicitor's regulation authority. This would strengthen your case that you held a true belief if a complaint is held up by the SRA about their poor service!

I find the tone of his email very unprofessional "I will not reply any further as you are now wasting my time..."

If I treated clients like that I would have no clients at all.

I hope that this assists?

Customer: replied 10 days ago.
He hung up the call, we were told and I have a phone recording that we weren't able to call up any further and needed to email directly which would cost us 200 per email if we did
Customer: replied 10 days ago.
I feel so stressed over this but happy we have new solicitors, you have given me reassurance in the matter but can I show you more of what we were receiving?

At this stage I don't need to see any more. I'm clear that they were unprofessional and rude!

As I said, look into a complaint to the SRA.

Other than that, as no claim has been started against you then until such time I would put it out of your mind, as I would be surprised if they did take it further.

I trust this resolves your query for you?

Customer: replied 10 days ago.
We have more emails like this and we have phone call conversation, he did hang up on me also, we explained how they were holding the case up and not processing a simple thing as they couldn't do it. We are so stressed from them and the wife of the firm called us up threatening us she is not a lawyer but threatened us aggressively
Customer: replied 10 days ago.
I have contacted a law firm in anticipation, I expect.some.threatening letter from them in due course should I prepare and get the solicitors ready

I would not spend any money on this at all unless you do actually receive details of a claim. You will have time to respond and instruct solicitors if and when they go ahead. They will have to send a letter of claim according to the preaction protocol before making a claim to court, if and when you get this letter you can appoint a solicitor to respond for you.

I trust this reassures you.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 10 days ago.
Okay thank you it is reassuring as we are very stressed at this time getting other solicitors to take on our house purchase case so close to ending

Very happy to have helped. Best of luck with the house purchase.

Customer: replied 10 days ago.
Thank you
Customer: replied 10 days ago.
Sorry to bother you again but could you explain how they can show damage?

No problem. My view is that they are going to struggle to evidence actual serious reputational harm and consequential financial loss, as per the reply earlier.

Customer: replied 10 days ago.
Thank you so much it's very relieving

Happy to help. If things do develop further, don't hesitate to get in touch.

Customer: replied 10 days ago.
I certainly will, I feel more confident now thanks

My pleasure.

Customer: replied 10 days ago.
Also my mom was on a call with me I found out she left a review she took it off but she called him unprofessional on the review because he hung up on us

OK, there's nothing untrue about that either.

Customer: replied 10 days ago.
Thank you

My pleasure.

Customer: replied 10 days ago.
We have another question, we were going through the help to buy Isa but they claimed it was an issue with the system and not them, we emailed the portal enquires line and they've said that theyre having no issues and if it's there account it'll take 3 weeks min to sort so the problem is in fact with them

So this is evidence of the firm being both untruthful and unprofessional, perhaps they deal with the ISA people with the same level of charm they used with you!

plclegal and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you for your help how soon do you think we will head regarding the law suit?

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter