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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44151
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Customer ordered products. One item was unfit so customer

Customer Question

Customer ordered products. One item was unfit for sale so customer was refunded. Customer then demended a $10 discount on order as 'compensation.' Upon refussing he started going crazy. He created a fake facebook profile to spam our business fan page with lies amd continued to harass us via email. He has since started stalking my private facebook page which he shouldnt even have access to making threats of legal action in regards ***** ***** post i made. The post was in regards ***** ***** emails, i was venting on what i thought was my own personal space.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I am curious to know if this can be seen as a possible case of extortion. I am also concerned as given that he has found my personal facebook page (set to private and no common friends). That he may continue to harrass me or worse. Given how he lost it in such a silly situation i am somewhat concerned about his mental stability. The police did advise to delete my facebook but given that it allows me to keep in touch with friends and family i would rather not.
Expert:  Leon replied 1 year 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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You have to report him to Facebook

You have to be careful what you put online because if it is defamatory you can be sued.

Take out a provide AVO against him if the police wont

http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_avo/lawassist_whoswho_avo/lawassist_whoswho_apvo.aspx

If her starts demanding money with threats then you can have something to take to the police.

The harrassment and intimidation you can take out a private AVO

I hope this makes sense and os 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

Customer: replied 1 year ago.
posting copies of their emails is defamation even if they are abusing you? I only sought advice from friends nothing more. Again i note, this was on my private facebook page not a public space. A page which he shouldnt have had access to. The fact he know about the post indicates he is stalking me. That said, i have deleted the post. I reported the fake profile he setup but not his real one as i have no clue where it is as like i said i dont have his private information and nor should he have mine.
Expert:  Leon replied 1 year ago.

Good Evening

No but making negative comments about them that may not be true is.

I am not sure how they got access but this is something that facebook should be made aware of.

You have to know something about him as you sold him items. This should be enough to take him to court and get a private AVO

Customer: replied 1 year ago.
Ok. Yes i am aware of his private information which i wouldn't use for anything more than what you are suggesting. I didn't post anything negative. Was along the lines of "worst customer ive had, heres the conversation." Basically just seeing if perhaps i was too harsh. I made an attempt to black out his name, however, i had a momentart lapse of intelligence and left his email address. Could that be seen as a breach of privacy? And is there a defence? Technically his activity would should an attempt to breach my privacy as for a start he shouldn't even know who i am. Worse still i have a common name so am, or at least i thought, virtually impossible to find on social media.
Expert:  Leon replied 1 year ago.

Good Afternoon

The privacy act is limited as to what it protects.

It is normally dealing with peoples information not accessing their facebook

http://pwa.atsiphj.com.au/index.php/new-south-wales/55-nsw-privacy-laws-nsw-privacy-commissioner

If there is any action, which I cannot see, you would have to show how his access has cause you losses and what the value is.

Customer: replied 1 year ago.
from his perspective? If i post a copy of his email and accidently leave his address that could be an issue? Doesnt matter if it was done in my own private space among my friends without malicious intent?
Expert:  Leon replied 1 year ago.

Good Morning

do not disclose his address. This was given to you as a seller and that would be inappropriate.

If someone does something to him after seeing his address you could be seen as an accessory to inciting violence.

I would refrain from advertising his address.

Customer: replied 1 year ago.
That's actually what i have done. Not intentionally but by mistake. I actually deleted his name before posting the email but failed to erase the address. I have since deleted the post.
Expert:  Leon replied 1 year ago.

It is not a major issue now that you have removed it.

but if he continues to harass you then take the matter further

Customer: replied 1 year ago.
Anyway, this was all over the fact that he ordered shorts, they were faulty so i refunded him and sent the remainder of his order. I have never dealt with a person who was so unreasonable. I certainly never expected to be threatened with legal action over something so trivial nor have a customer stalk me.Thanks for your help. I have deleted the post and doubled down on my facebook security.
Expert:  Leon replied 1 year ago.

Good Evening

You have done the correct thing. He is only entitled to a refund or replacement if the goods are faulty.

He cannot demand a discount.

He cannot take legal action against you. You have done nothing.

All the best

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