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useful reminder in this judgment:
https://www.bailii.org/ew/cases/EWHC/QB/2021/85.html
disgruntled client posted review on trustpilot about “scam solicitor”, claiming it was just his opinion.
Court found (para 16):
“”a scam solicitor”.. has the plain meaning that the Claimant is dishonest and fraudulent. The Defendant seeks to present this as an opinion. Mr Bradshaw argues this is impermissible, the Defendant is putting forward the Claimant’s dishonesty as a matter of fact and cannot simply say by way of defence “this is my opinion”.para 15 says you cannot convert an allegation of dishonesty (or, for that matter, of murder or rape) into a matter of opinion by merely inserting in front of it a formula such as “I believe …” or “she thinks …”: see e.g. Hamilton v Clifford [2004] EWHC 1542″
GBP 25k general damages payable for defamation plus costs.
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Very interesting, imo
Yet another reason why, if you can’t say anything nice, it’s perhaps best not to say anything at all.
IMO.
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It's the "Millwall FC" of Point broadcasts: "No One Likes Us - We Don't Care"- Total Posts 2553
Its fine to put an unfavourable review on sites like Trustpilot so long as you stick to facts and do not, in the words of the judge, “shoot wildly from the hip” (para 23) and allege things like fraud and dishonesty without any evidence to back it up.
There is a lively debate about this judgment in the Comments following the report in the Law Socety Gazette:
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I put an unfavourable review on Trustpiolet a few months ago – the only time I’ve done this – Fridge/freezer arrived with a couple of small dents. The firm trade on Ebay as Cookolegy/theWrightBuy. This prompted them to ask me to remove said review and they would send a replacement fridge/freezer – they had ignored my complaint before my review of them. That was fine with me but they wanted the review removed before I’d received the replacement. I refused and said I’d remove it after I’d had a replacement, which they wouldn’t agree to… hope you’re keeping up with this, wit… Now, where was I.. oh yes – I went to arbitration through Ebay – they found in my favour- yeah! All I had to do was to package the said item and post it back to Cookolegy at my expense and they would then send me a replacement- unbelievable!
In short: absolute waste of time.. as is this reply, but hey- I’ve got plenty of time to waste.
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Look forward to hearing your opinion on my pyrrhic victory next time you pop in, wit
If he had included the word honest he would have not only have lost his shirt but also his trousers.
So don’t tell me Tank let me guess ermm.. the cost of sending it back was more than the cost of a new fridge freezer
You’ve just replaced the established no win no fee with a new pricing structure that might just prick up any listening lawyers ears.Win and double the fee !!
Yes, imo imo can wrongly be used like that.
However, with respect adding “with respect” is no defence to defamation either… Doing exactly the opposite of what those two words mean.Value Is EverythingTank,
sorry to hear of your trouble. a quick shufti at the terms and conditions on their website
https://www.thewrightbuy.co.uk/terms-and-conditions#cancellations_returns_text
suggests that they collect if notified of Damage within 48 hours of delivery (Damaged or Missing Items: “We reserve the right to request photographic evidence of the product(s) and/or packaging prior to collection”).
otherwise (Cancellations and Returns:) “You are eligible to submit a return request for a full refund up to 30 days after the day of delivery for a full credit or refund….
Should you wish to cancel your order please contact our customer services team to discuss returning your item at your own cost.”any reason that might have led them to categorise your circumstances under the 30 days rather than the 48 hours ?
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Thanks for your trouble, wit, but please don’t trouble yourself further – this is all water under the bridge now and a lesson learnt- Always check the feedback! This firm may have 99.3% good feedback, but they sell many different things to thousands of customers, so the .7% adds up to a lot of dissatisfied customers, as I found out later.
They did ask for photos within 24 hours, as you mentioned, but I bought black white goods, black with a shiny finish – try taking photos of that, it just comes out like a black square and the photos were rejected by these fly-by-nights. I also pointed out to them that it wasn’t damaged in transit as the packaging was unmarked. They had willfully sent it out damaged.
The End
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