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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43973
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon, I spoke with you a while ago, now the company is

Customer Question

Hi Leon, I spoke with you a while ago, now the company is now taking a civil action against me and I wanted to discuss my defense with you and if there are any grounds for a counter claim
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
How can I assis?
Customer: replied 2 years ago.
I have to lodge a defence now and I am clueless about how to do it. Amount Claimed: $724.80.Inccludes filing fee of $135 abd registered post fee. The particulars are as follows:
1. Work lost due to "hate' review on Google Search results for Adelaide Oven Repairs
2. Inequitable harm caused by malicious conduct
3. Breach of Website terms and conditions. Defendant was asked to follow the resolution process, but opted for the more damaging option of a Google plus review
4.Inaccurate review as Defendant is not and has never been a customer
5. Costs so far involved in the this matter
6. We seek a court order to have the review removed and ask the Court order the Defendant to cease any further similar
action.Not sure if you recall but I requested your advice a few months ago, and you basically told me that, he had to prove that the review was false before he could claim for damages. The review is true and I have an email from him where he agrees his service is pretty poor.
I need to submit a defence and I would like the whole case dismissed but I am not sure how to fill out the form. Can you assist me with this?
Do I address his points in the particulars? Do I insist that he prove the work he lost?
Do I insist that he provide proof and of 'inequitable harm caused by malicious conduct'?
I did follow his dispute resolution process and contacted the Office of consumer and business affairs (as per his website terms and conditions) but as I hadn't paid him anything there was nothing for them to do, I have a file number from them.
His website terms and conditions are the longest and most unreasonable I have ever seen, I have spoken with the ACCC about this. The long and the short of it is that the customer has pretty much no rights to persue him for anything in anyway and he can pretty much do what he likes without penalty. I have a copy of these. For example if a part he has replaced or repaired becomes faulty he can deem it not his responsibility if the part was used in excess of his definition of overuse. So a family of 4 could use the over 2 to 3 times a week and any more than that would be deemed as over use so he is therefore not liable. Also if someone used cleaning products or scourers on their ovens he was not liable etc. etc.
I have an email copy of the booking I made with him and written agreement that he would organise the part and we would make a time for him to service the oven. His T and C's state that if a confirmed time isn't made then there is no contract. We also had a verbal agreement.
In my review I state simply 'Poor customer service'. I have an email where he agrees to this. in google when you search for an add there is an invitation to write a review.
Are there grounds for me to counter claim for my cost in attending to this matter? If so what costs could I claim? Your costs, travel, my time?
Can the court order me to take the review down and what are his likely chances of succeeding in his claim?
The long and the short of it is that he let me down and now he wants me to pay him and take down my review.
Appreciate your time.
Expert:  Leon replied 2 years ago.
Good Afternoon
Is the information you posted true and correct?
Customer: replied 2 years ago.
Yes I simply posted "Poor Customer Service" and then later " he is now threatening to take me to court unless I take this post down"
Expert:  Leon replied 2 years ago.
Good Afternoon
You need to respond to each allegation.
if you deny it the your simply respond with "deny"
You set it out as he has in his applications so that it is easy to follow.
You then set out what happened that was poor service.
I hope this makes sense?
Customer: replied 2 years ago.
It does make sense. There is only a small box on the form, can I add an attachment to the form and do I reference that in the box? This is exactly the advise I am after. How do I respond to his particular about loss of work?
Expert:  Leon replied 2 years ago.
Good Afternoon
You can say in the box see attached annexure and put it all in the annexe.
You do not address that. It is not your issue. You deny his allegations about his losses and he has to prove them.
In relation to your actions you deny and then set out what happened.
You set out that what you said was true.
I hope this makes sense and is of assistance. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon