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Posts tagged “Defamation

Follow-up to “Just” an epic fail combined with questionable ethics

ELECTRONIC CORRESPONDENCE DATED 18 JANUARY 2013 – JUST PROPERTY GROUP (PROPRIETARY) LIMITED

 

Dear Mr. Moses

 

We refer to the above matter and address this letter at the instance of our client, Just Property Group (Pty) Ltd.

 

We have in our possession a copy of your aforementioned correspondence.

 

It is not our client’s intention at present to respond to each and every allegation contained in your correspondence and failure to do so should not be construed as an acceptance thereof and our client reserves all its rights to respond to this at the appropriate time and in the appropriate forum.

 

We record that our client is a Company duly registered in terms of the South African Companies Act and accordingly capable of instituting/defending legal action in such capacity.

 

The registered name is Just Property Group (Proprietary) Limited.

 

We further record:

 

http://hellopeter.com/just-group-africa/compliments-and-complaints – Refers to Just Group Africa.

 

http://beta.mnet.co.za/carteblanche/Article.aspx?ID=4180 – Just Group Africa

 

https://www.facebook.com/pages/Just-Group-Africa/381366425472 – Just Group Africa

 

It is common knowledge that our client is in no way associated, affiliated or even remotely linked to Just Group Africa to which you referred in the above links.

 

Your correspondence accordingly reflects inaccurate, slanderous and mischievous comments without bases of fact and proper investigation and clearly has the intent to embarrass our client and amounts to defamation of character.

 

Our client has numerous Independent Franchisees which we have noted have been included in your correspondence. It was thus clearly your intention to defame and embarrass our client in the eyes of these Franchisees. Such action could have serious financial implications for our client and again we reserve our client’s rights in this regard.

 

We thus demand that you retract your statement above together with an unequivocal and unconditional apology to be forwarded to every recipient that you previously forwarded the correspondence to as well as to writer.

 

Should our client not receive such response by close of business today legal steps will follow without further notice.

 

Sincerely
Nico Humphries (SENT ELECTRONICALLY – CHECKED BY AUTHOR)

BLC LLB Dip IR, Dip LABOUR LAW

ATTORNEY AND CONVEYANCER

MICHALOWSKY, GELDENHUYS & HUMPHRIES

SUITE 1156, 11TH FLOOR

PICBEL BUILDING

58 STRAND STREET

CAPE TOWN

 

TEL 021 418 0542

FAX 021 418 0535

 

…and my reply:

Dear Mr Humphries,

I’m assuming that you meant the matter below… as I’d have to refer to the past mail and correspondence in order to reply to your “statement” and legal jargon regarding allegations that “reflects inaccurate, slanderous and mischievous comments”
I simply pointed out quite bluntly and as any person would do, after receiving spam that I never signed up for from “Just invest”. What I found is listed on public online sites… That’s not defamation… it’s fact… and quite many of them at that… and the reason I chose to mention it is because of the unbelievable consistency that any “just” company had regardless of which field of business it was…
However, if you feel that what was stated as being so to say rude, then why is it that I haven’t received an apology for the spam I was sent in the first place… because in my understanding… getting mail that I have not signed up for would be the same, wouldn’t it?
My actions are my own and I’m tired of dealing with incompetent & unethical businesses who want to hide behind their titles and whatever-else. I can not apologize for what you have had the opportunity to read. All I did was inform your “client” from an individuals perspective on what I found when doing research in my personal capacity after I was sent an email I never signed up for in an attempt to propose business to me, an human being, not a cc pty etc.
So if your client can be nice and stop behaving like a child, that would be appreciated. I will not be taking demands or be summoned to respond, retract or do any such thing for stating what I found online whilst doing a little research to others (public) or experiences of those whom have dealt with any “Just” business or company.
If you feel that what I have said is untrue and that this link is also incorrect… Maybe your “client” needs to speak with all of those people who have complained first… please see http://hellopeter.com/just-letting/compliments-and-complaints
You can demand all you want… I’ll respond when I have a moment and  internet bandwidth to do so and just in case you want to get technical there too, considering that yesterday was Friday… your business day vs mine, I finished work when I sent you that email… banks finish at 3pm, security staff finishes at 7am in the morning and so on… there’s no actual end to a business day.
Since you wanted to use all that bold print too: There’s no such thing as an unconditional apology… I’m not god that can grant unconditional love and therefore can not offer you what you are asking, regardless of how much legal jargon you wish to threaten me with… over an above that, I can not retract/ take back my statement as that in itself was the manner in which I chose to deal with the “just ” thing, there are so many “Just” companies, that me as the general public can’t even figure out who is actually in charge… If there was one email address maybe stating that that is the HQ for the Just group, I would have only sent it there… and said all that I have to them only.

 

No, for me it wasn’t common knowledge… that’s why I sent out the email and even mentioned that I found the links on a global search engine named google… so if you have issues there, maybe you should take it up with them because if my correspondence is inaccurate, slanderous and mischievous… then they would be the first in line… fact, well that you can refer to the url. I found on hellopeter.com in this reply above. Those points/ complaints and compliments are listed by everyone who has had the unfortunate and fortunate dealings with Justletting… So I as the general public would look at it as no only just letting… but the Just Group as there are so many companies sharing this name. I’m not a pty or a cc etc. I’m a individual human being with no interest or affiliation to anyone in any of these fields of work whatsoever…
If it was my intention to embarrass your “client” I think I would have asked a major newspaper to investigate and write an article on the company, however… I didn’t, so relax, and just ask JustInvest to stop sending me stuff/ spam which I didn’t sign up for.
The reason I included all those other emails was because they were listed online and I do not have the time or money to call each one of them to ask why I got the spam letter.
If you wish to speak, you can call me as I’m not constantly online.  My mobile number is listed below. Have a good weekend and hope this clears up things.
Regards,

Wayne Moses