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??

You reviewed the stone before selecting and approving it …..so they could say that.

Thats the purpose of reviewing the stone first, the customer needs to be satisfied with it before it is installed

I would leave a review with a picture of their threats included.

A stone mason will repair it and have it like new. They do it on new builds every day. Have you asked them to fix it @letmeeatinpeace were they specialist installers?

Well if a stonemason can fix it and leave it looking like new, then
A) the company should know that
B) the company should have offered that as a solution and
C) the company should bloody well pay for it.

Legally. You are to write a review of your own thoughts as long as they’re true.

it’s almost impossible to prove in court that you were lying (if you were) and all you have to state is that your review is 100% true

let them take you to court (I doubt they will)

Mit would cost them a fortune and that’s the whole point of a review!!!

Good lord. How cheap do you think these things are

no way should she be out of pocket!!

also OP. You’re covered for faults in law. Contact citizens advice who will contact trading standards.

Did you pay “cash in hand” I.e no invoice to avoid VAT being added or did you pay cash on receipt, and a VAT invoice was issued?

There was a whole section about this on woman's hour today. A woman won a case against an eye clinic when she asked advice from a FB group as they did something wrong, and they took her court. She won, and they spoke to the lawyer int he program. Worth a listen.

I suspect they'll only offer to fix the poor job when you post your review.

Can you post your pictures with the review? Because if you can, whatever you say, the pictures tell the story, don't they?

Totally agree
There are surface medics who can fix stone, glass, wood, baths etc. if the company can’t do it they should be aware of those who can.

Report them to the tax man as well.

Thanks everyone for your replies.

Hearing about your experiences of intimidation is so infuriating. Yes, I did wonder if being a woman they thought I’d be an easy target.

Little do they know I’m like a dog with a bone with these kind of things. When something is not right I just can’t let it go. I would feel bad for future customers not having a full picture of what they’re potentially getting into (I certainly wish I had been warned!).

In answer to the qns -

I arranged the stone worktop directly, it wasn’t through the kitchen company. I viewed it at a popular stone supplier warehouse (they were very good), and they recommended this fabricator, saying they’ve worked with them for many many years. When I first spoke to the fabricator I had an ‘off’ gut feeling (nothing concrete), but as they were so highly recommended, and had all 5 star reviews, I thought it would be safer than going with a company that I had zero recommendations for.
The fabricators website says they are skilled stonemasons, working for over 20 yrs, etc.

I kept the suppliers informed of all this and they actually said that they’ve been getting a lot of negative feedback lately about this fabricator, so they no longer recommend them.

Payment - they initially sent a written quote, then said they could do it cheaper if it’s cash in hand. They didn’t invoice. Yes, I should have known better. But again, I was trusting the glowing recommendation from the supplier.

Stupid question - but can the customer get into trouble for paying cash in hand? I assume not, as it’s purely the company’s responsibility to ensure they’re compliant/pay taxes etc?

@WillimNot - omg that sounds terrifying! At least mine is just stone, not my body!!

@newnamesix - yes Taj Mahal quartzite. It’s a beautiful stone, and I went to several different supplier warehouses to find the perfect slab!

You could do a fishing expedition on social media asking for recommendations for solving your problem worktop. Lots of photos.

People might ask who on earth did such a rubbish job.

For those who are wondering what it’s like to choose a stone slab - they are HUGE. Here’s a pic, with the imperfection circled. I didn’t spot it at the time. The slabs also have a sort of plastic protection in places to avoid scratching against other slabs, so you can’t do a really thorough check. I feel the fabricator should have flagged it before cutting, as they're the professionals.

We had a marble worktop installed and they did a fabulous job of choosing the best bits of the slab for the most visible areas and vice versa. I would say this is part of the job. Certainly any flaws should have been flagged and if possible remedied or hidden.

If you post just facts and your own feelings (ie your disappointment) then there is no defamation.

Separately, I’d be surprised if that couldn’t be polished out.

I went to several different supplier warehouses to find the perfect slab

You did select the slab though beforehand?

Yes I viewed and selected the slab. If you read my posts I said I didn't spot the imperfection.

The issue I have is not with the imperfection itself- natural stone is not pristine. The problem is the positioning of the imperfection - in a very visible area (right in the middle of food prep area next to the hob). I wouldn't have minded as much if it were in a corner.
The fabricator decided what bits to use and how to cut it, so should have avoided that bit or at least asked me where I'd prefer to position it.

My thoughts exactly. Sounds like you had a great fabricator!

I would add to my review that they had threatened legal action, and suggest this is how they keep their good ratings.

The arseholes!

Also, as they have willingly and unpromptedly given you their lawyer's details, I would phone the lawyer and let them know the company is using their details to threaten customers out of reviewing. I guarantee you the lawyer will not be happy about this.

Factual review with photo evidence.