Watch what you type

[davethorp]

People on this site might want to start watching what they type in their threads on this forum.

 

I had a case today in court with Mercury Telecommunications Ltd. Mercury took some of my posts on here (out of context as well) and used them to successfully defame my character with the judge (which for some reason the judge allowed when said evidence hadn't been filed and served on me but thats another issue). Also defamed the character of other people on this site saying we were a group of people out to cause trouble for the courts and other companies.

 

People might want to be careful what they type on public forums like this in case other companies start to get ideas as well. In the meantime I've added a nice sentence to my signature that should stop the same thing happening again!

[caro]

I think we all need to be careful what we type for legal reasons too. This site is very careful to try and ensure that all posts are completely within the law. Lawyers and the media can twist words very easily for their own purposes, as you've obviously found.

[davethorp]

Indeed. I wasn't criticising the site for not making sure posts are within the law. However people need to remember that this is a public forum and anyone could view posts and just to be aware of who may be watching or you may find things you posted twisted and used against you

[caro]

Agree completely Dave. I'm afraid your sig wouldn't help you if you had a similar problem, as this should explain I think.

 

In many common law jurisdictions such as the UK, Ireland, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a façade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" that do contain offers of settlement.

[davethorp]

ah well worth a try

[MilkTrayMan]

Hi davethorp!

 

I agree with U with regards the degree of anonimity that Posters should be vigilant about.

There are STILL some peeps that forget when registering Usernames or Posting entire scanned personal docs etc.

 

It is all too easy to forget to disguise certain things...i.e. Account nos., Addresses, REAL names on reply letters etc etc.

...More so if the ale has been flowing + the Poster's train of thought is engrossed in their purpose + eagerness to get a quick reply to their Post etc.

 

Slip ups have even been known to happen to the more long serving CAG Users, who should know better, NOT just to Newbies either!!!...

[Weird Al Yankovic]

People on this site might want to start watching what they type in their threads on this forum.

 

I had a case today in court with Mercury Telecommunications Ltd. Mercury took some of my posts on here (out of context as well) and used them to successfully defame my character with the judge (which for some reason the judge allowed when said evidence hadn't been filed and served on me but thats another issue). Also defamed the character of other people on this site saying we were a group of people out to cause trouble for the courts and other companies.

 

People might want to be careful what they type on public forums like this in case other companies start to get ideas as well. In the meantime I've added a nice sentence to my signature that should stop the same thing happening again!

 

 

How did this company know who you are personally from this website?

 

Furthermore, how could they prove it too?

 

[caro]

The user name and details on the thread may have given it away.

[Weird Al Yankovic]

Maybe, although I actually know a David Thorpe too!

 

Btw, OP, what was the subject matter of the posts they whinged about?

[davethorp]

Er I'm David Thorp (different name spelling)

 

Basically they used every detail from every thread I've posted on Mercury Telecom. However they also used my posts on my case with Lloyds TSB as well as the signature references about Lloyds TSB to make it seem to the court I make a habit of trying to get out of paying my debts

[Weird Al Yankovic]

Er I'm David Thorp (different name spelling)

 

Basically they used every detail from every thread I've posted on Mercury Telecom. However they also used my posts on my case with Lloyds TSB as well as the signature references about Lloyds TSB to make it seem to the court I make a habit of trying to get out of paying my debts

 

The sneaky swines.

[shywazz]

I have read this thread but fail to see how whom ever knows the threads were in fact posted by you......whether shown to a court or not, there would have had to show proof that infact you posted such threads, unless your name date of birth and postal address or NI number was attached, which i doubt yeah, then how on earth can anyone say you posted such....Anyone can take copies of threads from any site and say this person wrote it or that person did, but its fine saying there did, but how can there proof there did? For a court to beleive the company that you wrote such threads without proof, how can there ?

You should have just denyed that you wrote such, then the company would have had to find proof for the courts that indeed you did write such before there took the info into account.

[skbuncks]

I have read this thread but fail to see how whom ever knows the threads were in fact posted by you......whether shown to a court or not, there would have had to show proof that infact you posted such threads, unless your name date of birth and postal address or NI number was attached, which i doubt yeah, then how on earth can anyone say you posted such....Anyone can take copies of threads from any site and say this person wrote it or that person did, but its fine saying there did, but how can there proof there did? For a court to beleive the company that you wrote such threads without proof, how can there ?

You should have just denied that you wrote such, then the company would have had to find proof for the courts that indeed you did write such before there took the info into account.

 

I tend to agree. I initially thought, well they must have taken the exact details that were posted (like amounts, dates and even user name) and said "well these details only match with one of our customers so it must be him". But then I thought that where is the proof that the OP is the originator of these posts. Surely in a case such as this there would have to be definitive proof that you made the posts, to my mind you could claim that anyone, even an employee of Mercury (hypothetically of course we must stave off any claims of libel), could have made the posts and that would have served as a complete rebuttal of any of their claims!!

 

I think in this case the judge has made a grave error of justice....

 

skb

[skbuncks]

Another thing, we are not out to cause trouble for various companies we're just out to get back what was unlawfully taken from us

 

skb

[Goldlady]

Is it possible to have a global disclaimer so that all posts on CAG are 'without prejudice'? After all the DCAs and their so called solicitors do it all the time:mad:

[GlasweJen]

Perhaps we should all copywrite our posts and forbid anyone to print them off without express permission from the writer?

[MilkTrayMan]

It is my understanding that ALL Posts belong to 'Reclaim the Right' already + so may be ineligible for individual Copyright??!...

[Bookworm]

Is it possible to have a global disclaimer so that all posts on CAG are 'without prejudice'? After all the DCAs and their so called solicitors do it all the time:mad:

 

Post #4 explains why this wouldn't work, and when "without prejudice" does or does not apply.

 

Perhaps we should all copywrite our posts and forbid anyone to print them off without express permission from the writer?

Strictly speaking, anything you write actually becomes the property of Reclaim the Right Ltd (CAG), which owns the copyright. It's not specific to CAG, I think you'll find that pretty much all public forums and online newpapers where you can post a response, etc... all operate on that principle and that when you post somewhere, you actually give away that claim to copyright. I think from a legal point of view, a judge would be unlikely however to refuse "evidence" on the grounds of copyright infringement, IMO.

 

The hard truth of it is there is precious little to stop anyone lifting anything they want off a forum like this one here, and that is why people should always be careful not to use their real names, remove identifying markers and not give details specific enough that they can be traced if they don't want to be. ;-)

[MilkTrayMan]

Nice of U to soooo plagiarise my previous Post Mrs Natalie Imbruglia of 112, Bus Station Approach, Croydon, SURREY SE21 5GK ...

...lol...

[Weird Al Yankovic]

Well, I was quite bemused by ths thread which is why I questioned it at the beginning.

 

Dave Thorp replied but I just can't envisage this happening unless he admitted to an ID in the first place.

 

It's weird.

[MilkTrayMan]

...Dave Thorpe replied...

???...Who's Dave Thorpe WAY???...

 

Isn't that someone that U used to know??

...What's his Username then??

...pmsl...

[GlasweJen]

Hmm, while I realised that anyone could post here and could copy posts from here it never occured to me that they could be used as evidence in a court.

[MilkTrayMan]

It is no different than a written confession sometimes Jenschnifer!

There has been ocassions when I have cringed when I have seen some things that other Posters have put down in their eagerness.

Unfortunately MODS etc aren't always around to clear up, before any damage could be done.

Thats why it's important to let the Poster know asap, so that they can edit their own Post, if U ever come across someone that has been naive.

If they are off-line, hopefully, if U report the Post, a MOD's attention should be drawn to it + may be able to do something about it in time??...

[GlasweJen]

How's that for a signature? (black bit). Believe it or not there are other schnifer/jenschnifers one of them got to hotmail first and stole my intended email address

[Hippy-chick]

LOL - what sig jen?