Hi guys,
Long story short:
I did a small development. We had to hire a company to connect our "telecommunications cable" so we were able to connect to the NBN. We hired a company to get "compliance". The company did the first part of the work, but Telstra required a second form to be signed by us and returned.
This guy from the company repeatedly ignored several emails from Telstra for around a year. Telstra then brought in a "Telecommunications contribution fee", but had a grace period for all applications already in the system. This guy ignored these emails, and by the time we figured out what was required, we were slugged $3,800 as a fee. (He eventually printed it out and we signed it as required for compliance.) Not to mention that two families in two brand new townhouses had to live for 6 months in there with no internet or telephone service available.
I asked Telstra to waive the fee, due to a negligent company we hired - they refused. So we asked the guy from the company to cover our costs incurred due to his failure to reply to Telstra's numerous emails. (Telstra only deal with the "applicant" being the company, and do NOT deal directly with the developer)
So I also wrote a review about this company, being as accurate and honest as I could. So yesterday I receive a "Cease and Desist" demand from this guy's 'budget' lawyer, which was riddled with spelling mistakes and grammatical errors!!! The gist was that I was to remove the review, and if I do take him to VCAT to recover my money, that he will sue me for all his legal costs, due to my "frivolous claim with no legal basis".
To make things even more interesting - the guy from the company is a co-owner and director. He also owns his own company that does exactly the same thing. When we originally called to use the services of the company he co-owns, he got us to sign up for his own private company, without the knowledge of his other partners, but then made his office staff for the co=owned company do all the work for the job! (I have evidence of all of this!)
Anyway, here is the letter I received from this budget lawyer: (note the spelling errors - and he refers to "without prejudice, then with prejudice?" What do you think?!
RE: Telecommunications services for premises situate at (my address)
Background
1. I act for XXXX Pty Ltd and Mr. and have been provided with copy e-mails and internet posts regarding services my client provided which I note the particulars of which are unclear to this office regarding ongoing liability flowing from my client to you.
Offer to withdraw with no order as to costs
2. The purpose of this letter is to make a without prejudice offer to you to cease and desist in engaging in your conduct that is prejudicial to my client, is defamatory in nature and alludes to claims for compensation that have no tenable basis in fact or law.
3. This with prejudice offer is also in that you are attempting to deceive out client, or in the alternative, will attempt to decide a Court and/or Tribunal that you have a legal cause of action against our client where no cause of action exists.
4. On the basis of the following evidence, our client places you on notice that if it do not ceae and desist or do attempt to make any application to a Court or Tribunal then my client will be making immediate application for costs of any proceedings on a solicitor and own client cost basis as you have no tenable basis for your claim whether in fact or law.
5. My instructions are that you are seeking the claim quantum in respect of what is best described as an “NBN Contribution Fee”. We request that you provide this office with the contractual documentation you rely upon to pursue this spurious and tenuous claim and clear evidence that a contract existed between you and my client in respect of this service alone.
Strike out application
Long story short:
I did a small development. We had to hire a company to connect our "telecommunications cable" so we were able to connect to the NBN. We hired a company to get "compliance". The company did the first part of the work, but Telstra required a second form to be signed by us and returned.
This guy from the company repeatedly ignored several emails from Telstra for around a year. Telstra then brought in a "Telecommunications contribution fee", but had a grace period for all applications already in the system. This guy ignored these emails, and by the time we figured out what was required, we were slugged $3,800 as a fee. (He eventually printed it out and we signed it as required for compliance.) Not to mention that two families in two brand new townhouses had to live for 6 months in there with no internet or telephone service available.
I asked Telstra to waive the fee, due to a negligent company we hired - they refused. So we asked the guy from the company to cover our costs incurred due to his failure to reply to Telstra's numerous emails. (Telstra only deal with the "applicant" being the company, and do NOT deal directly with the developer)
So I also wrote a review about this company, being as accurate and honest as I could. So yesterday I receive a "Cease and Desist" demand from this guy's 'budget' lawyer, which was riddled with spelling mistakes and grammatical errors!!! The gist was that I was to remove the review, and if I do take him to VCAT to recover my money, that he will sue me for all his legal costs, due to my "frivolous claim with no legal basis".
To make things even more interesting - the guy from the company is a co-owner and director. He also owns his own company that does exactly the same thing. When we originally called to use the services of the company he co-owns, he got us to sign up for his own private company, without the knowledge of his other partners, but then made his office staff for the co=owned company do all the work for the job! (I have evidence of all of this!)
Anyway, here is the letter I received from this budget lawyer: (note the spelling errors - and he refers to "without prejudice, then with prejudice?" What do you think?!
RE: Telecommunications services for premises situate at (my address)
Background
1. I act for XXXX Pty Ltd and Mr. and have been provided with copy e-mails and internet posts regarding services my client provided which I note the particulars of which are unclear to this office regarding ongoing liability flowing from my client to you.
Offer to withdraw with no order as to costs
2. The purpose of this letter is to make a without prejudice offer to you to cease and desist in engaging in your conduct that is prejudicial to my client, is defamatory in nature and alludes to claims for compensation that have no tenable basis in fact or law.
3. This with prejudice offer is also in that you are attempting to deceive out client, or in the alternative, will attempt to decide a Court and/or Tribunal that you have a legal cause of action against our client where no cause of action exists.
4. On the basis of the following evidence, our client places you on notice that if it do not ceae and desist or do attempt to make any application to a Court or Tribunal then my client will be making immediate application for costs of any proceedings on a solicitor and own client cost basis as you have no tenable basis for your claim whether in fact or law.
5. My instructions are that you are seeking the claim quantum in respect of what is best described as an “NBN Contribution Fee”. We request that you provide this office with the contractual documentation you rely upon to pursue this spurious and tenuous claim and clear evidence that a contract existed between you and my client in respect of this service alone.
Strike out application
- We have advised our clients that if you do proceed with any futile application then this office will file an application within that jurisdiction to have your claim summarily dismissed as an unjustified proceeding.
- Any application our client is forced to make will rely on this letter as evidence that your application is misconceived as a matter of law, it lacks substance and is otherwise an abuse of process. The question of whether the application is an abuse of process is a question of law and to that end; our client will retain counsel to run any application with the costs consequences flowing as noted above.
Offer of compromise
- Before any further unnecessary costs are incurred you are invited to cease and desist in harassing my client and posting inaccurate and defamatory comments against Mr. on web sites within which my client advertises his services..
- The invitation to remove any and all internet posts against Mr. is open for acceptance for 14 days following which we will commence proceedings couched in the law of defamation against you.
- We repeat that this offer is with prejudice.
As I now have conduct of this matter, please direct all further correspondence to this office.