Ongoing abusive customer

[Newchodge]

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

Please, you do not need to repeat the history every time. Just report him to the police, not because he is harassing the company but because he is harassing you personally.

 

[Newchodge]

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

What company solicitor? I have assumed that, in common with many people on this site, you are the business owner. If you are an employee why is this not being dealt with by your manager?

 

[Leeds66]

What company solicitor? I have assumed that, in common with many people on this site, you are the business owner. If you are an employee why is this not being dealt with by your manager?

im one of the founders of the company

 

[fisicx]

@Leeds66. Let the company solicitor deal with it.

You aren't going to ever placate the customer. They are going to continue their campaign against you until the day they die. Some people get bitter and twisted like this. Even legal action probably won't stop them.

 

[Leeds66]

@Leeds66. Let the company solicitor deal with it.

You aren't going to ever placate the customer. They are going to continue their campaign against you until the day they die. Some people get bitter and twisted like this. Even legal action probably won't stop them.

its just so annoying that he is making so many false claims against me and my company

 

[fisicx]

its just so annoying that he is making so many false claims against me and my company

Such is the nature of the internet.

 

[Lucan Unlordly]

To add over the last day or so the aggressing customer has left 2 more reviews

Stop reading them!

The personal stuff...'sticks and stones' and all that is a different ball game to making damaging comments about the company. That's one for your solicitors.

 

[eteb3]

If it’s personally distressing and that’s the problem then yes report to police. They will then (if they think it’s worth their time to do so) advise you to “take the civil route” namely apply for an injunction to order the person to stop. If they are at all minded to give it criminal time they may also visit the person and give them a letter stating that an allegation of harassment has been made - toothless in itself but necessary because it’s harder to establish harassment unless you can show the person knows their conduct causes alarm harassment or distress.

So if you want any legal remedy at all, you also need to tell the person that you consider them to be harassing you, and that you want them to stop. Sadly, your having responded to each and every one of their 1094 emails (substantively, I assume), this is a hard message to make credible. But there will be a way if you think carefully about it

With all sympathy for you (I’ve been in a comparable situation) it sounds like you’ve been browbeaten into inaction: many solutions have been proposed for you above but afaict you’ve not taken any action before or since

That powerlessness is what happens when people are harassing you - it’s what they want if they have the insight to realise it. You need to take charge of the situation and either deliberately choose to ignore it all (come what may) or choose to tackle it head on. Otherwise you’ll be like Hamlet* suspended between those two options, and deeply unhappy as a result.

* The play doesn’t end well

 

[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.

Hi

Ok we have now received a court day and not sure what happens next ? I'm still shocked that he refused the fair use refund nearly a year ago and he's. now taking us to court for an offer he's already refused but with interest and court costs ?

 

[Newchodge]

Hi

Ok we have now received a court day and not sure what happens next ? I'm still shocked that he refused the fair use refund nearly a year ago and he's. now taking us to court for an offer he's already refused but with interest and court costs ?

Have there been any orders of the court? If not, you and anyone else involved in the transaction prepare witness statements. and a bundle of all documents that you wish the court to know about. In particular the emails when you offered a fair refund. Or talk to a lawyer about preparation.

 

[Leeds66]

Have there been any orders of the court? If not, you and anyone else involved in the transaction prepare witness statements. and a bundle of all documents that you wish the court to know about. In particular the emails when you offered a fair refund. Or talk to a lawyer about preparation.

We have just received a court date and that's it and guessing we will be asked to submit further evidence

 

[Newchodge]

We have just received a court date and that's it and guessing we will be asked to submit further evidence

You haven't submitted any evidence. Evidence is:
Oral witness evidence given under oath
Written witness evidence attested as true
Written documentation identified by witness evidence.

 

[Socio South West]

Hi

Ok we have now received a court day and not sure what happens next ? I'm still shocked that he refused the fair use refund nearly a year ago and he's. now taking us to court for an offer he's already refused but with interest and court costs ?

That looks to be the basis of your case - make sure anything relating to this offer is highlighted in anything you submit, and say in court. Also produce evidence of any unreasable actions you say have taken place.

A first hearing is effectively to knock the two parties heads together and attempt to get you to sort it out between you.
If you cant, it will proceed to a determination hearing.

 

[Newchodge]

That looks to be the basis of your case - make sure anything relating to this offer is highlighted in anything you submit, and say in court. Also produce evidence of any unreasable actions you say have taken place.

A first hearing is effectively to knock the two parties heads together and attempt to get you to sort it out between you.
If you cant, it will proceed to a determination hearing.

That may be right, or it may be the only hearing.

 

[Leeds66]

Hi all,

Just a quick update on the small claims case. We attended the hearing, which involved a 300-mile round trip, only for the claimant not to show up. The case was dismissed, and we were awarded £95, which was frustrating as the trip cost us around £180, not to mention 7 hours away from the office.

Recently, I received an email from the claimant in which he admitted that he never intended to attend the hearing and only filed the claim to waste our time and money. Given this admission, my question is: can I take legal action against him for this, considering I have an email from him fully admitting his intention to misuse the process?

Thanks in advance for any advice!

 

[NickGrogan]

You could, if you want to waste even more time and even more money and get absolutely nowhere.

As an aside, why was the case heard 150 miles away, did you request a closer court?

 

[Newchodge]

You could, if you want to waste even more time and even more money and get absolutely nowhere.

As an aside, why was the case heard 150 miles away, did you request a closer court?

A case is usually held in the Claimant's local court, unless the Respondent gives very good reasons why it should not be.

 

[Clint911]

Why bother? The customer got nothing and you don’t have to refund.

You win not him

Let it go

 

[Russ Michaels]

you could send him an invoice for all your time and costs and advice him that if he doesn't pay you will be sending it to debt collectors and then small claims court,
And since he has admitted to you in writing that he intentionally just wasted your time and money, he won;t have a leg to stand on.

 

[Paul FilmMaker]

Live by net, die by net. I'd do a few videos ostensibly aimed at other business owners saying how you dealt with this. I'd add this element to all reviews where you say you went to court and won. Spin it.