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Please play nicely.  No one wants to listen/read a keyboard warriors rants....

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Author Topic: Legal threats  (Read 3266 times)

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Martin_1962

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Legal threats
« on: 13 June 2009, 18:33:45 »

Dear Mr Imber,
 
Your involvement in the interent smear campaign being produced by Mohammed Asan Khan has come to my attention.
 
I will allow 10 working days from the date of this email for you to completely remove all and any reference to myself or **** from the entire internet, including Khans' site, any other site and any other media. If that does not happen, my legal representatives and I will be taking action against you to deal with the matter.
 
Whilst it is currently possible for people like yourself and Khan to flout Defamation and Libel Law by using the internet, it naturally follows that people sufferering such abuse have the right to reply. That is something you may care to think about, although personally it is something I'd rather avoid.
 
The choice is yours.
 
Yours Sincerely

********
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Simon_Omega

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Re: Legal threats
« Reply #1 on: 13 June 2009, 18:42:05 »

whose toes did you tread on?! lol
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zirk

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Re: Legal threats
« Reply #2 on: 13 June 2009, 18:42:05 »

What have you done now?
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Martin_1962

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Re: Legal threats
« Reply #3 on: 13 June 2009, 18:48:31 »

A messed up so called professional LPG installation

http://www.martinimber.co.uk/modifiedlink.htm

I MAY need some legal advice.
« Last Edit: 14 June 2009, 18:40:05 by hotel21 »
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Lizzie_Zoom

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Re: Legal threats
« Reply #4 on: 13 June 2009, 18:52:05 »

Well see this and you will get some idea:

http://www.lpg-info.co.uk/home.html

For legal reasons I am making no comment in regards this, apart from the fact I no nothing about it anyway! ::) ::) :D :D ;)
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Martin_1962

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Re: Legal threats
« Reply #5 on: 13 June 2009, 19:11:41 »

Quote
Well see this and you will get some idea:

http://www.lpg-info.co.uk/home.html

For legal reasons I am making no comment in regards this, apart from the fact I no nothing about it anyway! ::) ::) :D :D ;)

My install was crap - but I didn't know it at the time.

I am thinking of legal threats back
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KillerWatt

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Re: Legal threats
« Reply #6 on: 13 June 2009, 19:17:08 »

Quote
A messed up so called professional LPG installation

http://www.martinimber.co.uk/modifiedlink.htm

I MAY need some legal advice.
Providing you have written factually (ie, it's all true), he can't do sweet FA.

If the guy was serious about taking you to court, he wouldn't be notifying you via e-mail.
As for taking you to court, that's gonna cost him £5000 minimum just for the solicitor to start the paperwork.

If I were you, I'd throw that e-mail in the trash where it belongs and wait & see if anything turns up via recorded delivery at the very least (although I doubt it will, because I don't know of one single brief who will consider writing anything for less than £100 + VAT).
« Last Edit: 14 June 2009, 18:43:00 by hotel21 »
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Lizzie_Zoom

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Re: Legal threats
« Reply #7 on: 13 June 2009, 19:40:10 »

Quote
Quote
Well see this and you will get some idea:

http://www.lpg-info.co.uk/home.html

For legal reasons I am making no comment in regards this, apart from the fact I no nothing about it anyway! ::) ::) :D :D ;)

My install was crap - but I didn't know it at the time.

I am thinking of legal threats back

Them I'd certainly do Martin what Killerwatt is suggesting and do nothing - yet. ;) ;) ;)  Don't spend a penny on any legal costs until this character comes out the woodwork, if he every does, and take matters further.  If you have good evidence of his faulty work, then just keep that and your power dry.  Go in for the kill, legally, if you have to Martin, claiming whatever costs and damages you can! 8-) 8-) 8-)
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sidewaysmv6

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Re: Legal threats
« Reply #8 on: 13 June 2009, 19:58:07 »

sniff....smells like bullshit.call his bluff i say!! :y
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Martin_1962

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Re: Legal threats
« Reply #9 on: 13 June 2009, 20:02:00 »

MDTM has already advised me before over the DIS pack and that wiring problems killed it.

All I ever requested was for my car to be taken off
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Martin_1962

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Re: Legal threats
« Reply #10 on: 13 June 2009, 20:17:57 »

I did reply saying take off my page but no reply as yet.
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cem_devecioglu

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Re: Legal threats
« Reply #11 on: 13 June 2009, 22:27:48 »

firms give special attention to those kind of sites..
as they can loose money..

I had similiar problem before ..he threat me and I do the same.. he step back.. but can be serious..

so be prepared.. :-/
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Del Boy

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Re: Legal threats
« Reply #12 on: 13 June 2009, 22:30:04 »

Quote
firms give special attention to those kind of sites..
as they can loose money..

I had similiar problem before ..he threat me and I do the same.. he step back.. but can be serious..

so be prepared.. :-/
As cem said be preparded, but don't lose sleep over it :y
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Lazydocker

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Re: Legal threats
« Reply #13 on: 13 June 2009, 22:48:17 »

I'm surprised... The company used give great advice on the LPG Forum and were very helpful when I had problems with a previous system!

I suppose you never know... I must have caught them on a good day! ::) ::) :o :o
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Whatever it is... I didn't do it

Martin_1962

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Re: Legal threats
« Reply #14 on: 13 June 2009, 23:56:24 »

Quote
I'm surprised... The company used give great advice on the LPG Forum and were very helpful when I had problems with a previous system!

I suppose you never know... I must have caught them on a good day! ::) ::) :o :o


He screwed it up basically screwed the DIS pack, asked him to remove the page - he didn't I am not happy with it being used so had to do some corrections
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Martin_1962

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Re: Legal threats
« Reply #15 on: 13 June 2009, 23:57:52 »

BTW I am not scared, he is bluffing, if he wants me to remove the page he has his option to take.

If he does threaten me again I will take legal advise.

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Gareth Lewis

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Re: Legal threats
« Reply #16 on: 14 June 2009, 01:47:58 »

Martin

50% of my degree was law and I also did Law at A-Level BUT unfortunately this was 20+ years ago so I am writing this from memory. Please do NOT take it as gospel. ;)

A couple of main points:
  • The document you wrote has a copyright date of 2008-2009 at the bottom.
  • Mr Khan reistered his website on 24-Aug-2007. Did he use this article before 01/01/08? If he did then the vailidity of your copyright date may come into question (i.e. was it on your document when he used it first?)
  • Has Mr Khan asked permission to use your article? If not Mr Khan in reproducing your document has ignored your copyright (providing it is valid - see above) and has a legal responsibility to remove the article if you have requested that he do so (in fact you could sue him if he does not remove it). If you have given him permission in the past you can withdraw that permission at anytime as it is copyrighted material and he must do as you request.
  • As KillerWatt has previously said in a previous post, provided you have stuck to the truth, and not embellished your story in anyway, then you have absolutely nothing to worry about. The ultimate defense for libel is the truth.
  • Comments made by the installer that Lizzie linked to is also close to libel (especially the part about Mr Khan falsifying records to give to the court). If the installers defense is also that they are telling the truth (and can prove it) then Mr Khan could be criminally prosecuted for perjury. The tone of the installer's statement makes me think that they are trying to get Mr Khan back into court so this could be raised.
However you may have a problem you have not thought about. The email you have received states:

I will allow 10 working days from the date of this email for you to completely remove all and any reference to myself or **** from the entire internet, including Khans' site, any other site and any other media.

By starting this thread you have actually just further promoted the situation which could cause you (and the Administrators on this site) a problem should you lose any court action that may take place (i.e. you lose the truth test).

Personally I would recommend the following:
1. Take this thread down and hope the installer never saw it!
2. Write to Mr Khan requesting the removal of your article from his website stating EITHER (a) you previously gave permission to use your article but that permission is now withdrawn as you didn't realise how Mr Khan intended to use it OR (b) you never gave permission for your article to be used and it should be removed immediately.
3. Write to the installer stating that you have requested that Mr Khan removes your article (send them a copy of your letter to Mr Khan).
4. At the same time request from the installer that they remove your conversion from their website. Unless their Terms and Conditions clearly states that that they can use your details, photographs of your car and details of your conversion on their website for marketing purposes then they have no legal right to do so. Interesting that there are no T&C's on their website!
[/list]
My parents live between Fernhill Heath and Claines - just around the corner from the installer. I will hold my tongue  :-X about what I have heard about them but I am not surprised too much that this problem exists.

As stated at the top of this novel, its been 20+ years since I studied Law. If in any doubt get proper legal advice and now is the time to show some humility just in case it does end up in court - regardless of what you REALLY think about them! >:( >:( >:(

Humility can go a long way at times.

Good luck - feel free to pm or email me if you would like a hand with wording any letters you might want to write.

Regards

Gareth
« Last Edit: 14 June 2009, 12:46:28 by Gareth_Lewis »
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feeutfo

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Re: Legal threats
« Reply #17 on: 14 June 2009, 02:13:46 »

if you have any form of life cover or health insurance or any similar policies then you may well find you have access to a free legal advise service.
Scottish provident products give you access to "life line" for instance. A free 24 hour legal advice service.

Also just to add that as long as your not telling lies then he doesnt have a leg to stand on.

I would also be passing on details to the lpga. If the guy is registered as he should be they should be kicking him out. See how well he does then. A possible counter threat there perhaps.
 The guy who certified my install gave me the name of Mike Chapman(lpga big wig) to contact if i had any issues with my insurance company not covering a diy install. Might be worth a chat, if only to here his response, might be an insite into there jobs for the boys mentality if hes defensive and negative to you. If helpfull then all well and good.

By the sound of it you should be suing your installer, frankly. Makes a mockery of the certification for insurance stance they take when they then turn out crap such as you have encountered. He has turned out a non certifiable install, with a certificate, presumably?
Hth
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Martin_1962

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Re: Legal threats
« Reply #18 on: 14 June 2009, 09:18:38 »

Got a sarcy email this morning.

Given him a final warning to remove the page and I will remove mine and if it is still there I will contact the LPGA.

MAK BTW just assumed he could use it - I have now asked if he could change to a link only
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JamesV6CDX

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Re: Legal threats
« Reply #19 on: 14 June 2009, 11:29:40 »

Why Scary?
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hotel21

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Re: Legal threats
« Reply #20 on: 14 June 2009, 11:30:32 »

sarcy/sarcastic....     ;)
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Andy B

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Re: Legal threats
« Reply #21 on: 14 June 2009, 11:30:48 »

Quote
Why Scary?

 :-? :-? :-?

sarcy ...... sacastic  ::)
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JamesV6CDX

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Re: Legal threats
« Reply #22 on: 14 June 2009, 11:32:57 »

Quote
sarcy/sarcastic....     ;)

Thanks Broocie

Time for me to go to specsavers  ;D  :y
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Martin_1962

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Re: Legal threats
« Reply #23 on: 14 June 2009, 11:42:49 »

Tomorrow I am going to ask my insurance brokers which legal protection on my insurances is best to use.

Then I will contact them and tell annoying person where to send his drivel.

Just thought can I call the Police and say I am being harrassed?
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KillerWatt

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Re: Legal threats
« Reply #24 on: 14 June 2009, 11:43:38 »

Quote
Got a sarcy email this morning.

Given him a final warning to remove the page and I will remove mine and if it is still there I will contact the LPGA.

MAK BTW just assumed he could use it - I have now asked if he could change to a link only
He's a chancer Martin.

Even if he did go to a brief, the first thing that would happen is the brief would ask (on his behalf) for you to remove the page.
The brief can't threaten legal action for defamation/libel as you have told the truth. If anything, I'd make the idiot help a solicitor to get even richer and call his bluff, because anybody who is serious about taking legal action does not do it via e-mail.
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JamesV6CDX

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Re: Legal threats
« Reply #25 on: 14 June 2009, 11:46:33 »

Quote
Just thought can I call the Police and say I am being harrassed?


Technically, if you have formally asked them not to contact you directly again, unless through legal channels, and they still continue to persist, then maybe.

Reality is, if the communication isn't likely to cause to alarm/distress, and it's just a few sarcastic emails between both parties, it won't go very far...

There is obviously legislation to cover various types of harrasment - but I'm not sure how much it would apply to what is seemingly a small civil dispute, unless one particular party got out of hand...
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cem_devecioglu

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Re: Legal threats
« Reply #26 on: 14 June 2009, 11:56:33 »

Quote
Quote
Got a sarcy email this morning.

Given him a final warning to remove the page and I will remove mine and if it is still there I will contact the LPGA.

MAK BTW just assumed he could use it - I have now asked if he could change to a link only
He's a chancer Martin.

Even if he did go to a brief, the first thing that would happen is the brief would ask (on his behalf) for you to remove the page.
The brief can't threaten legal action for defamation/libel as you have told the truth. If anything, I'd make the thingy help a solicitor to get even richer and call his bluff, because anybody who is serious about taking legal action does not do it via e-mail.

they are trying to solve cheaply me thinks..
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