Mickydripin Posted September 8, 2015 Share Posted September 8, 2015 Hi All, I am at a loss a couple of days ago I was reading about a member who had trouble with a company and put there name on the forum. It looks as though it has been pulled as it is no longer there. I had a big problem as some of you know with a dealer that sold me a motorhome and it took five years before they capitulated (with my solicitor at the forefront) and did the right thing but at what cost!!! Why should we not name and shame them I went through hell why should they get away with it part of the agreement was that I kept my mouth shut but I think that I would not have liked other people to go through what I had endured I was very tempted to do it but I think that if I had have done it Warners would have pulled it like they have pulled the other one. So what should we do? Keep stum and let motorhome dealers walk all over us and treat us like dirt OR open our mouths and tell the truth. OR should Warners have one week of the year when we can get things off our chests and denounce the bad dealers and the good dealers. (not a chance in hell). After my last purchase it frightens the S--T out of me buying another motorhome from a dealer. Link to comment Share on other sites More sharing options...
Mickydripin Posted September 8, 2015 Author Share Posted September 8, 2015 Mickydripin - 2015-09-08 9:26 PM Hi All, I am at a loss a couple of days ago I was reading about a member who had trouble with a dealer and put there name on the forum. It looks as though it has been pulled as it is no longer there. I had a big problem as some of you know with a dealer that sold me a motorhome and it took five years before they capitulated (with my solicitor at the forefront) and did the right thing but at what cost!!! Why should we not name and shame them I went through hell why should they get away with it part of the agreement was that I kept my mouth shut but I think that I would not have liked other people to go through what I had endured I was very tempted to do it but I think that if I had have done it Warners would have pulled it like they have pulled the other one. So what should we do? Keep stum and let motorhome dealers walk all over us and treat us like dirt OR open our mouths and tell the truth. OR should Warners have one week of the year when we can get things off our chests and denounce the bad dealers and the good dealers. (not a chance in hell). After my last purchase it frightens the S--T out of me buying another motorhome from a dealer. Link to comment Share on other sites More sharing options...
ShoelessSmith Posted September 8, 2015 Share Posted September 8, 2015 Mickey There are a number of consequences here. The first is that there's the not so insignificant worry about libel to which the publisher of the site will be equally liable. The second is that if the magazine starts to get a reputation of having a forum where things can go unchecked then their reputation may suffer. These two points are raised because sometimes, as we know, these naming and shaming threads can get out of hand. And lastly, and one that I don't agree with, is that their advertising revenue may suffer. Link to comment Share on other sites More sharing options...
Brock Posted September 8, 2015 Share Posted September 8, 2015 Look up the Defamation Act 2013 and you will better understand the risks and actions required by operators of forums. Individuals can also be held liable for what they post. We should all abide by the law and the rules of the forum. Link to comment Share on other sites More sharing options...
Bulletguy Posted September 8, 2015 Share Posted September 8, 2015 Yes you are right about potential lawsuits over libel but i can fully understand how bitter the OP feels with a gagging order and his hands tied behind his back after a bad experience from a trader. Some years ago i suffered a very bad experience (NOT m/h related before anyone gets all jumpy and twitchy) at the hands of a Solicitor who, through his crass behaviour in going behind my back, lost me the purchase of a property i'd negotiated. To say i was livid and seething with rage would be an understatement and i marched off pronto down to their offices to confront him. He refused to see me and LOCKED his office door! Needless to say i immediately withdrew ALL ongoing business which i had transferred to another group of Solicitors whom i'd sought advice from over the matter....so i was well prepared before i'd gone down to confront this guy. I also took my case to the Law Society and reported the Solicitor but already knew what their findings would be. What else can you expect when all the Law Society consists of is Solicitors "investigating" Solicitors!!!? My message to the OP is this; do what i did. The Solicitor concerned operated from a long established business in my local town. Every time i heard ANYONE mention they needed a Solicitor i told them DONT go to XXXX. It may not sound much but believe me it can, and does, damage a business. Word of mouth and recommendation is the best form of advertising. When any business loses that it will have a knock on effect. People pass the word on to others. The business cannot sue for libel or defamation as they won't have anyone to bring charge against. It's a brilliant and effective weapon. Link to comment Share on other sites More sharing options...
timabob Posted September 9, 2015 Share Posted September 9, 2015 Regarding solicitors specifically, if a solicitor has been negligent you will find other solicitors firms delighted to take action on your behalf. There's little a solicitor likes that rubbing a competing firm's nose in the dirt. The legal profession is not as clubby as it use to be: it's dog eat dog in an increasingly competitive marketplace. Link to comment Share on other sites More sharing options...
Mike88 Posted September 9, 2015 Share Posted September 9, 2015 Libel comes into play only if what is said is untrue. So if you have bought a motorhome from a dealer, visited that dealer to get issues resolved and that dealer has done a substandard job or failed to deal with warranty issues then how can naming that dealer be libelous? As long as the truth is told libel should not come into play. That of course is how an aggrieved customer will feel. However, Warner's don't know whether a poster is writing the truth so the prudent course of action would be to pull the post. Link to comment Share on other sites More sharing options...
Bulletguy Posted September 9, 2015 Share Posted September 9, 2015 timabob - 2015-09-09 11:06 AM Regarding solicitors specifically, if a solicitor has been negligent you will find other solicitors firms delighted to take action on your behalf. There's little a solicitor likes that rubbing a competing firm's nose in the dirt. The legal profession is not as clubby as it use to be: it's dog eat dog in an increasingly competitive marketplace. This was 25 years ago so things might have changed though i will always remain sceptical. Cutting a very long story short, i'd negotiated the purchase of a property with the seller on the condition that they could remain living in that property as 1) they hadn't expected to sell so quick and 2) were still in talks with the seller of the property they wanted to buy. I agreed to that but told them i'd still be going ahead with having a survey done and their Estate Agent actually wrote confirming acceptance of my offer. Only a matter of days later i received another letter from them informing me that my offer had been withdrawn due to my 'not having sufficient funding' in place. When i phoned to ask WTF they meant by this they told me my Solicitor had told them i was involved in a dispute over a Divorce settlement and payment from that hadn't gone through.......which was complete bo**cks. I'd already settled and had more than enough funds (if i so desired) to purchase the property outright in cash! It was only a few years later that i discovered the real truth behind what had gone on behind my back. The same property came back on the market for sale (at a much higher price!) so i decided to become an 'interested buyer' and went to view. The owner turned out to be a Solicitor....surprise surprise! He even told me that when they bought the property 'somebody else' had been in the process of buyin but a friend of his who just happened to be in the same business 'got the matter sorted out' for them. No prizes for guessing who this 'friend of his' was? The Solicitor who lost me the house. I then casually mentioned to this guy who was selling, "you must know John *****n then" to which he replied, "yes that's my friend, do you know him". When i told him i was the 'somebody else' he'd mentioned only a few minutes ago his face went white as a sheet. Link to comment Share on other sites More sharing options...
terry1956 Posted September 9, 2015 Share Posted September 9, 2015 A few points re naming and shaming on an open forum. No to date as ever been fined in court by shaming a company on an open forum.yes in America a few did get taken to court, but there was know further action taken. What however needs to be clear, is that the facts are true, and correct.forums like this this one rely on advertising from the very companies that need naming and shaming.so its not really about the law, as why would any company fear the law if they act in the correct way.its just about money, the company's pay for their advertising, you pay nothing.michael Link to comment Share on other sites More sharing options...
Sophie2 Posted September 9, 2015 Share Posted September 9, 2015 I see the Defamation Act 2013 has been quoted. If anything this legislation has relaxed the rules as regards "Naming and Shaming" and it's interesting to note that: "In the context of online publication, if the name and address of a third party who has posted a comment or article on a website can be ascertained without too much difficulty then only the poster, and not the operator, should be sued ." (Sec 10) So- even if the Poster posted something that WAS defamatory, (and I'm assuming he could easily be identified) then the "Operator" would NOT be liable. The reason reason of Defamation for NOT allowing Naming and Shaming is therefore a red herring so far as the publisher is concerned. So it must be down to potential loss of advertising revenue?? :-D Link to comment Share on other sites More sharing options...
david lloyd Posted September 9, 2015 Share Posted September 9, 2015 Actually, I think the thread referred to is still on her under 'Buyer beware' by capnjaj so the debate still goes on. David Link to comment Share on other sites More sharing options...
Mickydripin Posted September 9, 2015 Author Share Posted September 9, 2015 its not really about the law, as why would any company fear the law if they act in the correct way.its just about money, the company's pay for their advertising, you pay nothing.michael ------------------------------------------------------------------------------------------------------ Thanks for your posts I think a lot of people think the same as me but Like me choose to walk away because of the implications and you can only take so much S--t from them seething at the gills. Terry I know what you are talking about and that the advertisers are boss but are they where will the advertisers/magazines be if we did not buy them? don't we have any say. Link to comment Share on other sites More sharing options...
Bulletguy Posted September 9, 2015 Share Posted September 9, 2015 terry1956 - 2015-09-09 1:00 PM A few points re naming and shaming on an open forum. No to date as ever been fined in court by shaming a company on an open forum.yes in America a few did get taken to court, but there was know further action taken. What however needs to be clear, is that the facts are true, and correct. forums like this this one rely on advertising from the very companies that need naming and shaming.so its not really about the law, as why would any company fear the law if they act in the correct way.its just about money, the company's pay for their advertising, you pay nothing. BIB is bang on the button. Personally i'd never buy a vehicle from any dealer who didn't come recommended from a reliable independent source with no vested interest. Link to comment Share on other sites More sharing options...
Rayjsj Posted September 9, 2015 Share Posted September 9, 2015 So, the thread wasn't pulled. provided the complaint IS the truth, I say 'Bring them on'. The Dealers too have an opportunity to answer, with THEIR side of the story. Link to comment Share on other sites More sharing options...
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