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??

Just awful, we have vaguely similar situation going on at the moment and it can feel very intimidating

@newnamesix - yes, it was expensive... Almost £5k for the one slab, and cutting and installation. We didn't use the whole slab either. There's a section left over - I asked if we could replace the hob section with the leftover but they said removing the current worktop would cause extensive damage to the kitchen units...

Sounds like you got really good service! Would have been so helpful to get renderings of the templating - I didn't even realise that was an option! Did your company offer any kind of workmanship warranty as well? If it's ok, it would be super if you could share their details in a PM. I'd like to check if they agree that removing the worktop would cause too much damage.

Yes the supplier we got the slab from is in London and starts with an M, but I felt they were good, at least with communication. The fabricator, not so much...

Could you give them the opportunity to rectify the damaged stone first. Ask them. If they refuse you can pop that in your review too. Your review will be factual and professional so they can't do anything and are just being bully's. Hate this sort of behaviour.

Let HMRC know about their tax dodging before anything else.

I wish there could be a criminal offence of threatening to sue in some instances. Robert Maxwell used legal proceedings to bully people whilst he was effectively stealing pension funds.

Factual information cannot be defamation.
Facts are these

• you did see the slab first but didn't notice imperfection
• you were disappointed to see imperfection so prominent in the worktop
• imperfection is annoying to you (food etc)
• they advised candle wax as a solution which seems not appropriate for a prominent part of worktop
• they threatened you with defamation when you suggested you'd write a review of your experience

Are you always such a push over?

They can’t take legal action for a bad review unless the review was malicious or a lie. You are representing the truth and fact. Backed up with evidence. They are trying to intimidate you.
Did you receive a proper invoice for your cash payment?

Re cash arrangement at the outset for a cheaper price. That's when you lost the battle. Can you get in trouble for paying someone in cash? Theoretically not, but if it's a large amount the authorities could wonder where you got it from. If drawn from the bank, then fine. But if there is no audit trail ...

You can review whatever you want as long as it is factual but they didn’t cause the imperfection they were just installing what you had provided them.

will you also be talking to the people who provided the stone? Maybe they have a way of fixing it.

Bully boy tactics!
Keep it factual, accurate and evidence based. They won't have a leg to stand on. Mind you that won't stop any solicitor writing a generic letter quoting defamation law. That letter has no standing as it is an opinion and can often cause people fear and for them to retract.

but you need to speak to supplier as well. why are they recommending dodgy cash in hand folk?? they need to be told not to recommend as well

Id be ignoring their threats and leaving an objective review, including reference to them threatening legal action, on all review sites possible.

You shouldn’t have said you were going to leave negative feedback, you do that anonymously. You could still leave anon feedback but change the details a bit. They can’t just claim defamation. First thing to do is make a formal complain to the company email and go through their complaints procedure. I am sure others can advise , but there should be an ombudsman for this type of issues and tradespeople. Not all tradespeople are the same but I’ve also had poor experiences.

I agree with this. Even adding in the review that they sent OP a solicitor email for “defamation” so long as they have the evidence, I’d mention all of it. OP is doing the right thing, but should still write an anon review so they can’t accuse them anyway. I dont think OP should feel her complaints are unreasonable. Cash in hand for this type of work says a lot too!

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.

So they have instructed their solicitors before the review has even been left, what exactly would they have instructed them on something they may not be able to act on. Instructing their solicitor would cost them money which I'm sure they haven't spent.

Basically it seems to be becoming a common thing threatening legal action for bad reviews.

Keep your review unemotional and factual and keep the photos to back it up.

This likely won't go anywhere and is scare but just make sure you are covered by the truth and evidencial truth so they have no where to go.

Defamation is not defamation if it’s true. If you put up a factual account of your experience, their attempts at intimidation, and attach the pictures anything they choose to do is a waste of their money.

I would leave a factual review, including the photos of the damage and their emailed threat.

That would spur me on to be extra scathing. If you’re stating a fact that can’t and won’t do anything.

This!!!

no emotions. No name calling no put downs.

just the exact factual review

They are trying to intimidate you but it's doubtful they have instructed solicitors or would take legal action. And don't worry about getting into trouble for paying in cash. It's not illegal to do so and your money is presumably sound.

The truth and honest opinion is your protection and I would be factual, taking care to describe things precisely. What to you is the imperfection? From the photograph it seems like an irregular shape or patch of stone (is 5cm length - area would be sq cm?) which appears to be of a different colour from the surrounding slab and to have pitting in three places. Your text suggests also that the surface is not smooth. Is the colour difference the main issue for you, or one issue, along with the pitting and the surface texture?

In later photographs, one circled in red makes it look tiny and one alongside it is presumably an overview of the patch but it doesn't show the pitting seen in your first photo - colour variation yes, and perhaps something of the texture but not so clearly and it does look very different from the first,

They are threatening you if you leave a review? Who are they? A mafia group? How about they correct the issue? OP, I would go ahead and leave them a review and also mention how they are threatening you with a lawsuit! bastards 😡

Came back to say, please share the company name with us so that we can also leave them some bad reviews 😡 the nerve!

Don't do this.

If I saw a review

Was unhappy with the work, I let them know the work was unsatisfactory and as nothing was corrected I wouldn't use again.

less is often more

What they might try to do is write a lot underneath, but often these type of people then box themselves into a corner in public