The below is a copy of a threatening letter a Camden Association of Street Properties (CASP) committee member sent out to another resident, in an attempt to improperly get money he isn't entitled to. This tactic is one of the CASP 'in-gangs' Modes of Operation.
The words complained of by the author aren't libellous because no individual was named or identified and as an unincorporated association casp has no legal identity of its own ie 'casp' doesn't legally exist, only its individual members do.
The author is also incorrect (deliberately so in my view) in other area's - explanation in red written below incorrect parts
7 April 2007
Mr XXXXX XXXX
Editor
Camden Council Tenant site
Dear Sir
LETTER BEFORE CLAIM REGARDING “CAMDEN COUNCIL TENANT SITE” AND MALICIOUS E MAIL SUBMITTED BY MS TRACY MORGAN
I
am writing to you in order to lodge a serious complaint regarding a
malicious and libellous email that appears in the email page of your
site.
As
editor of this site and registrant of it with the server, you are
personally responsible for the editorial content of the site and also
any libellous contents of emails that may be posted.
The
email from Ms Morgan, who incidentally has published libellous material
on another site, which has recently been removed by Geocities,
maliciously alleges that CASP Committee members, of whom I am one, have
fraudulently used accounting funds.
I
consider that the following malicious remarks are clearly libellous of
Committee members, and other Council Officers, as well as myself.
“In
Jan 06 at its AGM a borough-wide residents association failed to
produce its Annual Statement of Accounts, which would have detailed the
groups income and expenditure for the previous year. Despite it stating
in this groups Constitution that it would produce this Statement for all
its members to see, this group did not do so and even went on to
receive further funding from Senior housing officers.”
This statement is patently untrue, as CASP isn’t a limited company and has no obligation to publicly produce its accounts. In any event, Camden Council controls its funds. The casp constitution states very clearly that casp will produce its accounts at its agm. Camden council does hold the funds but allows tenants direct access to the funds via sending them cheques or giving them council procurement cards.
“I
have a copy of this groups Statement of Accounts and I see evidence of
fraudulent accounting and excessive spending. No wonder this
group didn't want its members to see its accounts! This voluntary group
coincided their Annual General Meeting with the timescale for funding
bids being agreed.
When
this false accounting was queried Housing officers denied that funding
even existed and that the statement of accounts I received is invalid!!!
Quite a Jackonary story to say the least!
Not
only do I find the fraud committed by this group unacceptable, and
which clearly shows that these people cannot be trusted, I find Housing
Officers attitudes for 'inventing' stories to cover up bad practice
very worrying and very irresponsible. Apparently as informed by a high
ranking council officer, fraud is the 'nuts and bolts' of the Council
and it 'does not matter'. Does not matter?”
This is a very serious libel against both all of the other Committee members and myself at the time.
It
clearly imputes that Committee members have had access to funding and
have fraudulently and dishonestly used that funding for criminal
purposes.
In addition, it suggests that Committee members have been guilty of false accounting, a serious fraud offence under section 17 of the Theft Act 1968 carrying a maximum of seven years imprisonment.
Again,
Camden Council controls all funding, and all items of expenditure are
agreed by the Committee, unlike CFTRA where the Committee didn’t have
proper control over the financial expenditure of the company. There is no evidence that the casp committee agree's the casp expenditure. When I was on the casp committee no such thing happened.
In
view of the continued publication of this serious defamatory libel, I
must therefore request that you immediately remove this email from your
web site, and pay a sum of damages for this scurrilous publication.
I
look forward to receiving your proposals for settlement in full and
final settlement of this matter within the next fourteen days.
Failing
which, a Claim for Libel and an Injunction ordering the e-mail’s
removal from your site and restraining its continued or further
publication will be sought from the High Court.
I look forward to hearing from you.
Terence Ewing