Little treasures children's trust - are threatening court action!
By Value hunter on Sep 10, 2010 | In In real life, On the web, Bad business, Frugal wars
Link: http://www.frugalways.co.uk/life.php/little-treasures-children-s-trust-clothing-collection-scam
Little treasures children's trust charity have instructed a solicitor to act on their behalf, and attempts have been made to make, "the website with the name frugalways.co.uk, incapable of use, at least pending resolution of this matter."
If steps are not taken to do this and my personal contact information is not released (even though it would be a contravention of the Data Protection Act) then "Court proceedings maybe necessary against you." ("You" being the domain name company that I registered frugalways with)
By posting actual experiences of my dealings with little treasures children's trust and their collectors (working for east london textiles - ELT - or little treasures children's trust directly, the lady at the charity wouldn't or couldn't confirm either was correct)) at the link above, their solicitor has deemed this to be, "defamatory of our client and its business."
Using the Civil procedure rules 1998 - Defamation claims, the solicitor is demanding my personal contact information be made available.
The basis for this action I am told, both in the letter and on the telephone today from their solicitor, is from the text of my blog post, stated in their letter.
Unfortunately, the letter does not specify any specific text at all!
According to the solicitor representing little treasures children's trust, what "makes matters more serious," is the following;
- "A link from the frugalways.co.uk to the website of little treasures children's trust" - No such link has ever existed in the blog post concerned.
- "An invitation to people associated with our client, to contact the Charity commission" - No such "invitation" exists in my original blog post - I would strenuously defend that any such invitation, if it did exist, would be breaking not one single law, rule or procedure!
Facts ommitted from the letter sent by the solicitor representing little treasures children's trust, to the domain name company, include;
- Any text or links that are considered to be defamation
- Little treasures children's trust already have my personal details, these were given to the charity when I contacted them to report their delivery person - so why demand them officially and request this website be made "unusable"? Would this not be defamation of myself under the Civil procedure rules 1998?
- Both the posting of the bags and the later collection of bags in the area, without any form of licence being issued by the local authority, secretary of state or police authority, was an offence under the House to House Collections Act 1939 (and subsequent amendments)
- Little treasures children's trust charity and East london textiles ltd (collection agents of said charity) had both admitted to myself - in the case of the charity - and our local council's chief licensing officer - in the case of east london textiles ltd - that neither had a licence to carry out any house to house collections. They went further, admitting that neither of them had even applied for a licence!
- Staff at little treasures children's trust have informed me of how much they like the website frugalways.co.uk, especially "Your diary posts, we think it's really great to hear how a father handles school holidays and childcare!"
Little treasures children's trust can contact me anytime, they have my home phone number and address already. They can email me via the website, they are free to visit the website and leave comments under the original (or this) post.
As I stated to their solicitor directly, if they request I edit or review any part of my factual account, of my own personal experience, I will happily look at their requests, but as yet, they have failed to clarify which parts of my post they find defamatory.
What I will not do, is remove the post on the whim of a solicitor's letter, which is inaccurate in it's claims of website links and "invitations" to contact the charity commission in my original blog post.
I find it disturbing that a charity would go to such lengths and spend essential money, trying to have my website made "unusable" whilst they gather information that they already have in their posession?
If any staff of little treasures children's trust are reading this post, (I know you visit this website as you have told me so already) please feel free to contact me, as unfortunately, your solicitor, once I had asked for clarification of where I have posted what he claims I have posted, refuses to discuss the matter any further. (A point I will make vigorously in my defence should legal action be commenced!)
UPDATE:
Little treasures children's trust are not just targeting this website with solicitors letters - instead of sorting out the problem of doorstep collecting ILLEGALLY, they would prefer to frighten off bad publicity by stopping people from publishing their experiences on internet websites and forums.
I wonder why?
13 comments
Their understanding of the law pertaining to the Internet is usually pretty bad - and from all of the 'threats' of legal action I have received, never has any such action been forthcoming. It's all just 'piss and wind'.
Getting solicitors' calls such as this is merely a mark of your success. I measure my success by complaints and threats of legal action, drink to it!
(Look it up if you don't know what I'm talking about!)
For those people who wish to, google " Arkell v Pressdram 1971" and when you refer people to the response given in the Arkell v Pressdram case... you'll see!
ARTICLE 10
Everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
All your post was doing was advising the general public of your dealings with this charity and highlighting your concerns.
The Charity should have investigated the matters that you raised with them and assure the public by simply putting a post on this blog!
I think you should refer the Solicitors to the Arkell v Pressdram case.
I would also like to thank you for taking the time and the effort to warn the public of this charity. All the best.
'In Partnership with East London Textiles'
I know they are in partnership with east london textiles, it says this on their website and the bags posted through doors.
problem is, east london textiles and/or little treasures childrens trust both are operating door to door clothing collections, illegally.
they do not have a license nor have they applied for one, making pushing bags through doors illegal, under the house to house collection act.
when i contacted little treasures the first time, they said that east london textiles were collecting on their behalf and that they had reported the matter to the director of east london textiles and it would be stopped - yet the next day, when i contacted little treasures again, when i gave them the registration number of the van, this same lady told me that it was one of little treasures own vans!
east london rang up the top licensing bloke at our local council, admitting they didnt have a license to collect nor had they even applied for one.
its all well and good to state that ELT are donating so much a month to the little treasures childrens charity, but the fact remains that they are collecting illegally without a license, which takes future funding away from other charities
the question remains - if little treasures are a genuine charity, why would they get involved with a company who distribute bags and collect them illegally?
if little treasures are a genuine charity, then why are their own vans collecting without a license?
Its a rip off and should be stopped.
We are collecting clothing for the Heart2Heart appeal at Frimley Park Hospital in order to provide a state of the art emergency cardiac assessment and treatment for patients, the team have negociated £400 per tonne. Some charity bags coming through the door only state £50 (if they say anything at all).
Let's strive to keep our charities free of scammers!
Contact your local council, ask for the licensing officer. Ask them if east london textiles (ELT) or little treasures childrens trust, have requested a license to make door to door collections.
If they have not requested or been granted a license, then they are committing an offence.
Even by posting a bag through your door is breaking the law.
Many people say this is a waste of time, it is not.
For every one of these bags that gets filled, its making money for a business and taking donations from, legitimate charities
http://www.east-northamptonshire.gov.uk/downloads/Item_4_Mins.pdf
Makes interesting reading.
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