ACT Small Business Accusing Me of Defamation - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Carter1994, 6 December 2018 at 10:19 PM.

  1. Carter1994

    Carter1994 Member

    Joined:
    Thursday
    Messages:
    2
    Likes Received:
    0
    Hi,

    I left a negative review in October 2018 on this small business's Facebook and Google page. They replied to my post on Facebook in an argumentative way and the issue was not resolved.

    I since asked for a refund via email - the company did not respond to my email, but instead, I received an email from a solicitor accusing me of lying, demanding I take my reviews down, or they will seek options of defamation.

    What can I do?
     
  2. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    173
    Likes Received:
    29
    It's hard to provide much information with the limited information provided and it also isn't clear what you mean by 'What can I do'. If you mean what can you do in relation to the letter, well you have two options (1) take down the review, (2) don't. Without knowing the full facts of the matter it is hard to tell whether the review is defamatory. In relation to your refund, more information would be needed.
     
  3. Carter1994

    Carter1994 Member

    Joined:
    Thursday
    Messages:
    2
    Likes Received:
    0
    My review said :
    I had two of my dresser altered at this place for my wedding that took place on the 12th of October. To put it bluntly I would never recommend this place to anyone nor would I go back. Ashley was always very lovely and promised at my first appointment that my dresses would be perfect after I left.
    At my first appointment I end up paying an extra $1,000 for additional things that I didn't need but felt pressured to get (extra lace) when all I really wanted was to get my dresses hemmed up. When I got the total buil of $1000 at the end I was very shocked but I'm too shy to say anything especially when she already cut my dresses.
    My next dress fitting I ended up paying an extra $500 for something that should not have cost that much at all, literally for an extra 15-20 beads sewd on was an additional $500!!! Absolutely shocking.
    For the final dress fitting I finally spoke up to explain some things that I wasn't happy with, the lace that was added on to one of my dressed did not match. The pearls on my dress wear white and the pearls on the added lace were creams, and the added lace was a silver tone whilst my dress was an ivory tone, it was very obvious. I pointed this out to Ashleigh and all she suggested was to remove it (when it cost over 500 to get it added!) This was very bizarre because at the first appointment her suggestion was that it needed to be added to look better cos my back looked too big.
    I also wanted hooks added to the dress but instead they added simple CHEAP pieces of thread that ended up breaking on the night of course. My dress and chest was literally falling off and out the whole night. (My dress was backless but hooked together at the back of my neck.) This happened at 7 p.m, I only put this dress on at 6 p.m. so it took an hour for the thread to break.
    Same thing happened with the train…Ashleigh FORGOT about my detachable train so forgot to put hooks on the back as she changed the lace, luckily my mum commented on the train at the last dress fitting and once again cheap quick pieces of thread were added to substitute for hooks and once again these broke so the train did not stay on. I also wanted some extra hooks added at the top of the train as the lace was sticking out when the train was attached – instead of doing what I asked AGAIN, they just cut the pieces off so it was smaller…I also wanted cups to be added into the dress, instead Ashligh told me to just use chicken fillets on the day…As the my dress broke and kept falling down, so did the fillets..
    I also complained about one of the dresses being too big around my waist and the answer from Ashleigh was there's nothing that she can do to fix it as that’s how the dress was made…
    One of my dress ended up being too long on the day and I kept stepping on it. Walking down the isle I used my dads arm as a walking stick so I wouldn’t trip.. I'm guessing this is because I was asked to stand up very straight so with my normal, relaxed posture on the day it was longer and very difficult to walk in.
    I am absolutely appalled with the service of this place, everything that I wanted to be done in the end was apparently too hard but everything that I didnt want done in the beginning was apparently what I needed…. I ended up paying almost $2,000 at this place for my dresses that literally fell apart on the night. Very very disappointed.

    And the letter from the solicitor says that the company denies my review and that they will consider their options of defamation if i dont take it down..

     
  4. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    173
    Likes Received:
    29
    Thanks for that, sorry to hear your big day was ruined. The only possible issues I see are phrases such as 'Ashleigh told me...', I suggest changing that to 'I was told...'. It may be just semantics, but it is the only possible aspect of the review that is defamatory. Other than that leave the review up I say, it sounds like a small business owner at a conniption and contacted her local 1800-hire-a-silk; waste of about $500 on their part if you ask me. Also, the 'consider their options' is lawyer speak for 'we know we can't actually do it, so we will just threaten to think about it'. Please do not construe this as legal advice, if you're legitimately worried contact a solicitor and they will advise upon reviewing all of the facts and material. But if it were me, I would edit the review to just say 'I was told...' and add in a bit about being sent letter by a solicitor threatening defamation because I posted an honest review.

    Good luck :)
     
Loading...

Share This Page

Loading...
gt;