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Defamation

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Comments

  • Closed Accounts Posts: 23,646 ✭✭✭✭ Mateo Whispering Tuxedo


    GarIT wrote: »
    You can say anything you want if you can prove it to be true. If you know it to be true but you cannot prove it to be true it is defamation.

    To be honest removing it is probably in your best interests. Or maybe even try to work out a deal with the solicitor. A pays X amount per month and you remove the blog immediately.

    I also wouldn't advise trying to use the internet as a defence against a solicitor.
    I have no problem at all removing it as long as she puts in writing that she owes the money and will repay it. I would remove it immediately if I just got that piece of paper without any immediate repayment.

    I would have preferred to keep the courts out of it as she was a neighbour and before this we were on very good terms, was just shocked when she turned around and basically told D that B could whistle for his money. The blog was to shame it out of her


  • Registered Users Posts: 8,671 ✭✭✭GarIT


    I have no problem at all removing it as long as she puts in writing that she owes the money and will repay it. I would remove it immediately if I just got that piece of paper without any immediate repayment.

    I would have preferred to keep the courts out of it as she was a neighbour and before this we were on very good terms, was just shocked when she turned around and basically told D that B could whistle for his money. The blog was to shame it out of her

    The best you can hope for in court is possibly the car, about 10% of their wages (they could just not pay it if they chose to) or the money if they have it lying around. I think your best bet is to get your solicitor to send a letter to theirs trying to work out a deal.


  • Closed Accounts Posts: 23,646 ✭✭✭✭ Mateo Whispering Tuxedo


    She has crashed the car and it is not worth the money she paid for it 16 months ago as it is all dented.

    Thanks GarIT for all your help you've been great.


  • Registered Users Posts: 8,671 ✭✭✭GarIT


    She has crashed the car and it is not worth the money she paid for it 16 months ago as it is all dented.

    Thanks GarIT for all your help you've been great.

    I'm going to head off now but have a read over the blog and make sure it is factual just to be safe.


  • Registered Users Posts: 78,218 ✭✭✭✭Victor


    You can't get legal advice here.
    If someone were to make a blog about another person, and the blog obviously contained tags which would lead google to the blog in question, therefore hindering chances of employment or ruining a reputation - although what the blog contained was true, can the person have the blog removed?
    You also need to consider the person's right to privacy and possibly other rights
    Also, if a person is recorded without knowing they're recorded, can the recording be used as evidence in a court case?
    That will be a matter for the judge.


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  • Registered Users Posts: 9,606 ✭✭✭gctest50


    Go to a solicitor - a real live living one.

    Take down the blog if the solicitor tells you to.

    Don't go calling to the seller of the car, mechanics or anything else.

    Eg: It might end very badly for you ...

    Was it cash you handed over ?
    Was there anyone else in her house ?
    Was there anyone with you ?
    - person C (me) physically handed the money over to her, in her house, as B wanted someone else to be involved so it wasn't just hearsey. ..........



    If someone were to make a blog about another person, and the blog obviously contained tags which would lead google to the blog in question, therefore hindering chances of employment or ruining a reputation - although what the blog contained was true, can the person have the blog removed?......


    There is proof from
    - credit union statements
    My dad withdrew the 4k that she used to pay for a car 2 days later.
    - Facebook snapshots of her posts about buying the car and a picture from donedeal with the previous owners contact details on it. The previous owner will provide a written statement to produce in court stating how much she recieved from person A.
    - person C (me) physically handed the money over to her, in her house, as B wanted someone else to be involved so it wasn't just hearsey. She told me that night there would be no problem having the money back by December.


  • Registered Users Posts: 6,920 ✭✭✭billy few mates


    C tells A in the blog the blog will only be removed when the content becomes false, ie, when the debt is repaid.

    Does this not constitute a 'repayment plan' of sorts in that the corollary of this means that A might decide to agree to allow you to keep your blog in lieu of payment...?


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    OP look at http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0011.html#sec11

    You need to get proper legal advice.


  • Closed Accounts Posts: 23,646 ✭✭✭✭ Mateo Whispering Tuxedo


    Been onto my solicitor this morning, thanks guys


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I won't action this but it was sailing close to charter infringement.

    This area of law if far too specific and complex for advices to be gleaned absent insured legal advice.


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