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libel or defamation??

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  • 17-12-2010 9:20pm
    #1
    roadracer1000cc
    Closed Accounts Posts: 9 ✭


    I received a large number of documents from a lending institution and I found a side note on a document claiming I was lying through my teeth. A little annoyed about this as they wouldn't dare say it to my face. Could this be libel or defamation or nothing??????..
    Regards.


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    #2
    qz
    Registered Users Posts: 8,753 ✭✭✭qz


    Nothing, as you were only one to read it I assume. Defamation and libel require an audience. (And don't go broadcasting what you were sent, that won't do you any favours).


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    #3
    roadracer1000cc
    Closed Accounts Posts: 9 ✭roadracer1000cc


    They also sent it to the Financial Ombudsmans office. Could that change it as others outside myself and the lender have now seen it??..


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    #4
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Defamation needs an audience, for example if the bank manager yelled it at you in front of a load of customers then it would be defamatory.


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    #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I'm presuming you feel the allegations made against you to the Ombudsman are false or without merit. Although I'm not sure what this information would be used by the Ombudsman for. there was a thread in relation to false complaints made to GSOC in relation to Gardaí. It may be of help as it covered some aspects of the defamation act.

    http://www.boards.ie/vbulletin/showthread.php?t=2056094319


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    #6
    qz
    Registered Users Posts: 8,753 ✭✭✭qz


    IF they sent the actual alleged defamatory side note to the Financial Ombudsman and IF the material was defamatory in the first place, under Section 2 (a) and (b) of the Defamation Act 2009 the Ombudsman would likely be able to receive the information, without such a transmission constituting defamation, under the defence of qualified privilege.
    Defamation Act 2009, section 18 wrote:
    18.— (1) Subject to section 17 , it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of this section, have been considered under the law (other than the Act of 1961) in force immediately before such commencement as having been made on an occasion of qualified privilege.

    (2) Without prejudice to the generality of subsection (1), it shall, subject to section 19 , be a defence to a defamation action for the defendant to prove that—

    (a) the statement was published to a person or persons who—

    (i) had a duty to receive, or interest in receiving, the information contained in the statement, or

    (ii) the defendant believed upon reasonable grounds that the said person or persons had such a duty or interest, and

    (b) the defendant had a corresponding duty to communicate, or interest in communicating, the information to such person or persons.

    http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0018.html

    Im not saying you did, but if you did misrepresent yourself to the lending institution in question, they are justified in saying what they did regardless. Again, I'm not saying that you lied.



    Open to correction on the legal issue.


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    #7
    WildOscar
    Closed Accounts Posts: 396 ✭✭WildOscar


    qz wrote: »
    IF they sent the actual alleged defamatory side note to the Financial Ombudsman and IF the material was defamatory in the first place, under Section 2 (a) and (b) of the Defamation Act 2009 the Ombudsman would likely be able to receive the information, without such a transmission constituting defamation, under the defence of qualified privilege.



    http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0018.html

    Im not saying you did, but if you did misrepresent yourself to the lending institution in question, they are justified in saying what they did regardless. Again, I'm not saying that you lied.



    Open to correction on the legal issue.
    does it have qualified privilege if it is untrue


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    #8
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Is this document like an internal memo or something?


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    #9
    roadracer1000cc
    Closed Accounts Posts: 9 ✭roadracer1000cc


    The document with the comments was a blank sheet with different notes on it made during a phone call we had. It appears she made up her mind on what I was talking about without investigating it.
    I don't understand why this was included with the file. Could it be argued that they are trying to influence the attitude of others with this untrue comment.??.


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    #10
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    roadracer1000cc wrote: »
    The document with the comments was a blank sheet with different notes on it made during a phone call we had. It appears she made up her mind on what I was talking about without investigating it.
    I don't understand why this was included with the file. Could it be argued that they are trying to influence the attitude of others with this untrue comment.??.
    Its probably included in the file as they gave you everything they had pertaining to you.


This discussion has been closed.
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