Negative review - threat of legal action

[letmeeatinpeace]

I recently had a stone worktop installed. The stone has an imperfection which I hadn't spotted when I viewed it at the stone supplier - the slab was 3 metres wide, and the imperfection is 3cm. The stone FABRICATOR (a separate company), unfortunately, positioned this imperfection in a prominent area where it's really visible - right in the middle of the food prep area next to the stove. As well as being an eyesore, the imperfection is rough to the touch and has little holes where food gets in so it's difficult to keep clean.

The day it was installed I asked what they could do to fix it but they were extremely dismissive/aggressive and just said I should use candle wax to fill the holes. They demanded payment (cash in hand) and I didn't feel comfortable pushing back about it on the day. I followed up afterwards, but they refused to fix it or offer advice on how I can fill the holes properly.

My review was going to be about how it would have been helpful if the stone fabricator had flagged the main imperfections before cutting it, and either avoided them or asked me where I'd prefer them to be positioned so they wouldn't be in such a prominent area. I think this is fair, seeing as they decided how the stone was cut. (Obviously, in hindsight, I should not have relied on their 'expertise' and should have gone there in person to check before it was cut - however, my untrained eyes may have missed it as I did the first time round).

I let them know I would be writing a review of my experience and they immediately threatened legal action for defamation if I were to go ahead. They included their solicitor's details, and said they have been instructed.

This company only has 5 star reviews (although the most recent one is 2 years old). I imagine they keep negative reviews at bay by using similar tactics.

I have been burned in the past with poor tradespeople so I feel strongly about warning others re what they could potentially be getting in to. Obviously, I would keep my review factually accurate, but I don't know the technicalities of defamation law... Could I include a screengrab of their email reply? It was so aggressive, they really don't come off well.

AIBU - should I let it go, and just let others walk into this kind of crap?

Or should I go ahead? Do I need a solicitor to check my review before posting??

I'm not a solicitor, but I don't see how they could take legal action for an honest review backed by photographic evidence.

Defamation does not stretch to an honest opinion and the truth. So if you post a review describing what happened and express your disappointment at poor customer service, that you believed you have received that would be fine as well as putting a photo of the threatening letter, would also be fine.

Avoid accusatory words and name calling.

Do you have any local groups that you could post on? Maybe ask if anyone else has had problems with a local stone fabricator? You don't even have to name them. You might find others that have also had a negative experience. Sometimes things get resolved much quicker when there is a group!

They are talking out their bum hole. You can say the truth till the cows come home. There's an imperfection, it was positioned right in the middle. It needs to be moved. To have a flaw in a brand new item is not acceptable. Was your contract with the fabricator? Were they organised through your main installer? The cash in had payment should never happen. It should be agreed as part of the price of the quote unless you enlisted the fabricator yourselves independently. Speak to the people that sold you the kitchen? But ignore the threat from the other lot, you can say the truth, but don't exaggerate.

They are definitely in the wrong. They sound like cowboys. They must have noticed it and known this was unacceptable. Are you a woman on your own? I was wondering if they thought you'd be easier to intimidate or if they'd have been the same to a man.
I'm not house proud but wouldn't be happy with that

They are utter bastards, please write the review.

No conscientious professional would have fitted your worktop like that. And it speaks volumes about their standards that they brought out the legal action line so quickly - a reputable company wouldn’t need to have that in their back pocket. Please put your review up.

Write the review. And tell them to get their own legal advice in place for when they get caught for tax evasion!

Write an honest factual review, including the bit about payment in cash only.

The key point is that, in defamation law, truth is an absolute defence - it renders all allegations void.

Therefore, as long as your review is completely truthful (and detailed, so that they can't twist any of it through claiming ambiguous meaning), you'll be completely safe and all they'll be doing is spending a lot of money on legal fees for zero result.

However, you do have to bear in mind that if this is in the UK, the burden of proof is on the accused in defamation cases. Therefore you will need to prove that what you're saying is true; the good news is that the standard for proof in civil law is "on balance of probabilities" rather than "beyond a reasonable doubt", which - in other words - is an easier, lower standard to meet.

See if they relent and come back to fix it once you speak to main contractor.. Having thought about it, you should find out where the fabricator is based and contact their local trading standards/ Enviro Health at the council, allegedly you can also do this through calling 101, you should be able to report them. They should NOT be taking random cash in hand payments off people that were neither agreed nor invoiced. You don't need to do this until after you've given them one last chance to fix it. But with No extra payments from you.

It's truthful and you have evidence .

Court is nothing to be afraid of.

That’s a shoddy job and I wouldn’t be happy with it either. Please do complain.

As above. And if you get any inappropriate communications from a solicitor keep copies and and forward them to the SRA (Solicitors Regulation Authority).

When I have had a dispute with a tradesperson in the past I have sent a copy of communications from both sides to the Trading Standards, too, with a covering note saying I am just making them (TS) aware and will contact them again if it escalates, copying in the person I was in dispute with. They capitulated at once. It might be worth sending them the threatening communication.

What would they be taking legal action against, defamation would be if there wasn’t a clear issue to see. Tell them you have instructors solicitor also. They will shut up

Oh my god, the drama. Get get a stonemason in to fix it.

Wow you must be minted. How much do you think a stone mason will charge and just how would he fix it?

I was in this exact position but had already written and posted a review to Google.

It was our old family dentist and they made some absolutely disgraceful cock ups and one dentist was extremely abusive to me whilst I was in his chair to the point I leapt out of it and ran for the door, with him chasing me being aggressive.

We left the dentist as a result and I reviewed it entirely factually with information I could back up.

They sent a letter via recorded mail, threatening lawsuits if not removed.

I returned a letter to them, with proof, and details from our new dentist. They retracted their threat.

These cowboy types love to try and intimidate people, especially women, in the hopes to scare us into compliance. Write the review, back it up with images. Their solicitors will make a buck from their stupidity.

I'd be even more adamant that the review remained, if it is factual there is nothing they can do.

I hate these kinds of things OP. I once got threatened by a dodgy roofer because I was going to give him 6/10 on rated people and he said it had to be a 9!

Totally negates the purpose of reviews if they bully people into lying about them.

Go for it I say. If something is true it is not defamatory.

It's just intimidation pure and simple. You can do a fair and balanced review and as long as it's factual, you have nothing to worry about. Also, if I learned anything in my divorce from an abusive and manipulative ex-H it is that you can pay a solicitor to write a letter about almost anything and that unless they have legal grounds these letters can be ignored.

I think they are just trying to intimidate you.
It's awful when something is done shoddy and then the threat of 'I know where you live' comes out of the tradesman. Usually they are just talking rubbish to scare and intimidate but I know from experience this can be enough.
This is why I will only use larger companies (and more expensive) now 😞

They’re thick as shit and bullies to boot. They clearly don’t understand defamation law do they?

One major defence to defaming someone is ‘honest opinion’, ergo, it is totally legal to write an honest negative review.

Anyone can sue anyone for whatever they like!

As long as your review is factual rather than opinion then you are absolutely fine leaving a negative review.

Perhaps run the review past a friend before posting it just to double check.

The fact they wanted cash in hand (which must've been agreed when you instructed them), would've made me run a mile anyway.

But yes, you'd probably be wise to get a solicitor to look the review over before posting it.