Ongoing abusive customer

[Leeds66]

We're currently dealing with a persistently abusive customer and seeking advice on how best to handle the situation. Five years ago, we sold an item to this customer with an 8-year guarantee. The item has proven faulty, and we acknowledge this fact. However, throughout our attempts to assess the fault, the customer has been consistently abusive towards both our customer service and management teams.

Given the escalating behavior and the toxic environment it creates, we've made the decision to discontinue our business relationship with this customer. Consequently, we've declined their request for a replacement, as we're not willing to subject our staff to further mistreatment. Instead, we've clearly communicated our willingness to provide a fair refund as per our policy.

Despite our efforts to resolve the issue amicably, the customer insists on a replacement and refuses to accept any other resolution. Both my staff and I are in agreement that we no longer wish to engage with this individual. From a legal standpoint, I believe we're within our rights to terminate our contract with the customer and provide a fair use refund ?

 

[JEREMY HAWKE]

I would tell them to go and have a relationship with their selves

 

[Newchodge]

I would tell them to go and have a relationship with their selves

What does the 8 year guarantee say they are entitled to?

 

[Leeds66]

What does the 8 year guarantee say they are entitled to?

a replacement or a fair use refund and this is listed within the terms and conditions. as mentioned this is a very abusive customer and is also harassing staff on social media

 

[fisicx]

How did they get hold of the SM details of your staff?

Don’t respond to the customer online. Block them on your SM accounts. Send a letter stating your offer and tell them this is the only means of correspondence.

 

[Leeds66]

How did they get hold of the SM details of your staff?

Don’t respond to the customer online. Block them on your SM accounts. Send a letter stating your offer and tell them this is the only means of correspondence.

we do have an obligation to deal with the faulty item but we dont want to replace the item as this would give us another 3 years of having to deal with him. its pretty easy to find people on social and yes we have blocked him

 

[Leeds66]

How did they get hold of the SM details of your staff?

Don’t respond to the customer online. Block them on your SM accounts. Send a letter stating your offer and tell them this is the only means of correspondence.

to add we did email him to say we will not be offering a replacement and we will offer a fair use refund but he's arguing saying it is not our decision to make and he's the one who can decide

 

[Newchodge]

to add we did email him to say we will not be offering a replacement and we will offer a fair use refund but he's arguing saying it is not our decision to make and he's the one who can decide

According to your guarantee, is he right? I realise he is abusive, that is not what I am asaking.

 

[Leeds66]

According to your guarantee, is he right? I realise he is abusive, that is not what I am asaking.

our guarantee states we will either offer a replacement of fair use refund. He has refused the fair use refund and wants a replacement but we are refusing to replace due his abusive behaviour

 

[Newchodge]

our guarantee states we will either offer a replacement of fair use refund. He has refused the fair use refund and wants a replacement but we are refusing to replace due his abusive behaviour

Is the guarantee silent about who decides or what the criteria are?

 

[Leeds66]

Is the guarantee silent about who decides or what the criteria are?

the guarantee states we will either offer a replacement or a fiar use refund. He is arguing and stating its not our right to decide sale of goods act does also state replacemnt or fair use refund but hes arguing that its his choice to pick and not ours

• 
  In some cases we might offer you a partial refund instead of a replacement. This will be calculated based on the length of the guarantee and the time you have been using the product

 

[Newchodge]

the guarantee states we will either offer a replacement or a fiar use refund. He is arguing and stating its not our right to decide sale of goods act does also state replacemnt or fair use refund but hes arguing that its his choice to pick and not ours

Then write and state that your final offer is a fair use refund of £xyz in accordance with your guarantee and the Sale of Goods Act. Ask if he wishes to accept this offer and state that you will not enter into further correspondence about this matter.

Whatever he comes back with, unless it is acceptance of the offer, ignore him.

 

[Leeds66]

Then write and state that your final offer is a fair use refund of £xyz in accordance with your guarantee and the Sale of Goods Act. Ask if he wishes to accept this offer and state that you will not enter into further correspondence about this matter.

Whatever he comes back with, unless it is acceptance of the offer, ignore him.

Thanks for your help

 

[eteb3]

If the abuse is a personally distressing as well as a commercial inconvenience, then protection from harrassment legislation may be useful. It's not actually very effective against a totally persistent harrasser, but it can put the frighteners on someone just trying it on. Only helpful for individuals - whether that's staff or (if unincorporated) partners. A company can't feel distress, so can't use it.

 

[DontAsk]

I think the consumer rights act that replaced SOGA states that the customer has to give you the chance to repair, but I haven't checked.

 

[Leeds66]

I think the consumer rights act that replaced SOGA states that the customer has to give you the chance to repair, but I haven't checked.

but we don't want to repair it as this would keep the relationship open to a very abusive customer. We have offered to fair use refund and we will not be offering a replacement as surely we can not be forced to deal with a very unhinged customer

 

[Leeds66]

If the abuse is a personally distressing as well as a commercial inconvenience, then protection from harrassment legislation may be useful. It's not actually very effective against a totally persistent harrasser, but it can put the frighteners on someone just trying it on. Only helpful for individuals - whether that's staff or (if unincorporated) partners. A company can't feel distress, so can't use it.

i think the easy solution is to go with the fair use refund as this customer is unhinged and we can not be forced to deal with him

 

[Newchodge]

i think the easy solution is to go with the fair use refund as this customer is unhinged and we can not be forced to deal with him

As a matter of interest, is the customer a consumer or another company?

 

[Leeds66]

As a matter of interest, is the customer a consumer or another company?

The customer is a consumer

 

[Russ Michaels]

If he has refused the refund, then you have fulfilled your obligation. If he decided to take further action than you can prove that you offered the refund and he refused.
Tell him you will no t enter into any further communication and Block his phone number and email address.
Tell him that if he continues to harass you that you will take legal action.

 

[tony84]

Have you not reported him to the police?

 

[HFE Signs]

You should have it written in your terms that you reserve the right to refuse to speak, deal with or honor any guarantees if a customer or client is abusive, rude, insulting or uses foul language towards any of your staff. Then, you're off the hook and its their loss.

 

[Socio South West]

If he has refused the refund, then you have fulfilled your obligation. If he decided to take further action than you can prove that you offered the refund and he refused.
Tell him you will no t enter into any further communication and Block his phone number and email address.
Tell him that if he continues to harass you that you will take legal action.

Whilst I agree with the first part of this, I disagree that his communications channels should be blocked as that strengthens his side of the case should it become a legal matter.

Make your position clear in writing, including a request that he refrains from all types of abuse/harassment.

Note and ignore further communications from him unless it is an acceptance of your offer.

 

[Russ Michaels]

Whilst I agree with the first part of this, I disagree that his communications channels should be blocked as that strengthens his side of the case should it become a legal matter.

Make your position clear in writing, including a request that he refrains from all types of abuse/harassment.

Note and ignore further communications from him unless it is an acceptance of your offer.

think of it like being banned from a store, which is perfectly legal, and stores do this all the time with customers who behave badly. It's essentially the same thing.

 

[Newchodge]

think of it like being banned from a store, which is perfectly legal, and stores do this all the time with customers who behave badly. It's essentially the same thing.

Not quite. A store is a private place and the owner can deny entry to whomsoever they choose. An online purchaser has statutory rights to return, refund, repair, etc so cutting off communication may interfere with their statutory rights, so it cannot just be in the TCs

 

[JEREMY HAWKE]

Not quite. A store is a private place and the owner can deny entry to whomsoever they choose. An online purchaser has statutory rights to return, refund, repair, etc so cutting off communication may interfere with their statutory rights, so it cannot just be in the TCs

During my studies I was warned that if I did not keep my plaintiveship civil the judge could throw the case out on just this fact alone and I am guessing the same would apply here

 

[Chris Ashdown]

Due to your abusive language to our staff, we are unable to communicate further directly with yourself and request if you need to contact us again you do it through a third party

Cyndy has given the legal position which would seem a reasonable route to solving the problem

 

[Leeds66]

Whilst I agree with the first part of this, I disagree that his communications channels should be blocked as that strengthens his side of the case should it become a legal matter.

Make your position clear in writing, including a request that he refrains from all types of abuse/harassment.

Note and ignore further communications from him unless it is an acceptance of your offer.

We have not blocked comms with him and would not do that and we have replied to every one of his 103 emails. We did offer a fair use refund but he has declined this and wants the product replaced but we do not want to deal with him anymore and would rather refund

 

[Leeds66]

Not quite. A store is a private place and the owner can deny entry to whomsoever they choose. An online purchaser has statutory rights to return, refund, repair, etc so cutting off communication may interfere with their statutory rights, so it cannot just be in the TCs

We have not cut comms but a bit of an update as he has issued a county court summons and in the summons he now claims he wants to accept the fiar use but hes wants the whole amount that he paid plus interest and court costs. Surely this cant be found in his favor when we offered a fair use refund some 2 years ago and he refused it ? Is there a time limit for an offer to be accepted and not sure how this could even get to county court

 

[Leeds66]

During my studies I was warned that if I did not keep my plaintiveship civil the judge could throw the case out on just this fact alone and I am guessing the same would apply here

This customer is really bad and has even been on social platforms and review sites adding my name and calling me a crook and a conman. I've already tried to get some reviews removed but one platform ( trust pilot) won't remove it. Pretty crazy as i understand free speech but it has to be true

 

[Leeds66]

Whilst I agree with the first part of this, I disagree that his communications channels should be blocked as that strengthens his side of the case should it become a legal matter.

Make your position clear in writing, including a request that he refrains from all types of abuse/harassment.

Note and ignore further communications from him unless it is an acceptance of your offer.

Quick update as he has now issued a county court summons and unbelievably for a fiar use refund which we offered 2 years ago and he refused it. He's claiming the full amount plus interest and costs and interest. My issue is how can he take us to court for an offer we have already made previously

 

[Newchodge]

Quick update as he has now issued a county court summons and unbelievably for a fiar use refund which we offered 2 years ago and he refused it. He's claiming the full amount plus interest and costs and interest. My issue is how can he take us to court for an offer we have already made previously

All that has happened is that he hs sent an online form to the court. No one has looked at it. It is for you to raise in your defence that you offered a fair use refund of £xxx on xyz date, in accordance with the law and your terms and conditions, and that the Claimant refused it and has abused and harassed you and your staff since then.

 

[Leeds66]

All that has happened is that he hs sent an online form to the court. No one has looked at it. It is for you to raise in your defence that you offered a fair use refund of £xxx on xyz date, in accordance with the law and your terms and conditions, and that the Claimant refused it and has abused and harassed you and your staff since then.

Many thanks for the advice

 

[Socio South West]

All that has happened is that he hs sent an online form to the court. No one has looked at it. It is for you to raise in your defence that you offered a fair use refund of £xxx on xyz date, in accordance with the law and your terms and conditions, and that the Claimant refused it and has abused and harassed you and your staff since then.

What the lady said!

 

[Leeds66]

not as yet but he did send a lengthy email to the CEO of the company making allegations that im a conman and liar and he's also left reviews on numerous website and facebook

 

[fisicx]

not as yet but he did send a lengthy email to the CEO of the company making allegations that im a conman and liar and he's also left reviews on numerous website and facebook

Which if untrue is libelous. So your solititor needs to add this to the letter you will be sending.

 

[Leeds66]

All that has happened is that he hs sent an online form to the court. No one has looked at it. It is for you to raise in your defence that you offered a fair use refund of £xxx on xyz date, in accordance with the law and your terms and conditions, and that the Claimant refused it and has abused and harassed you and your staff since then.

A bit of an update.

Is there anything I can do about this aggressive customer? He has emailed my CEO, claiming that I am a liar and a crook, and has also left more reviews, including one comparing me to Paula Vennells. I have to admit I am really worried about his behavior. Is there any way I can stop this? He is attacking me personally on review websites and some social media platforms.

 

[Leeds66]

Which if untrue is libelous. So your solititor needs to add this to the letter you will be sending.

Yes, we did consider legal action, but I recall a similar case where a customer had a dispute with solicitors. In that instance, the customer accused the solicitors of being scammers, and although the solicitors won the case and were awarded £30k, the backlash was intense. Public opinion largely sided with the customer, who continued to label them as scammers. To add over the last day or so the aggressing customer has left 2 more reviews now using my initials rather than my full name comparing me to Paula Vennells which is crazy and once again derogatory

 

[Newchodge]

Yes, we did consider legal action, but I recall a similar case where a customer had a dispute with solicitors. In that instance, the customer accused the solicitors of being scammers, and although the solicitors won the case and were awarded £30k, the backlash was intense. Public opinion largely sided with the customer, who continued to label them as scammers. To add over the last day or so the aggressing customer has left 2 more reviews now using my initials rather than my full name comparing me to Paula Vennells which is crazy and once again derogatory

I would report it to the police as harassment of individuals - you and any member of staff recenty targetted. It isn't a crime to harass a business, only a person.

 

[Leeds66]

I would report it to the police as harassment of individuals - you and any member of staff recenty targetted. It isn't a crime to harass a business, only a person.

but hes doing both as he is on trust pilot claiming I'm a thief, crook conman and also making the same claims about the company. Im going to check with the company solicitor next week as this is crazy and we did offer a refund for which he declined and now taking us to court a year later for the same offer he declined