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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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HiWe undertook last year a registration which we used a consultancy

Customer Question

Hi
We undertook last year a registration which we used a consultancy company to assist with getting the registration. They were not a very professional outfit and didn't really do very much to assist us. I paid all of my fees for the various training however one final invoice remains outstanding for consultancy fees.
I have refused to pay this on the grounds that they have not supplied me with a satisfactory service and the BSI documents that they supplied me with are not legal for distribution and infringe copyright laws.
They have said now that the documents were provided as reference however I have an email from the director of the company saying they will provide me with a copy of the standard upon completion of the course which they did however it was not theirs to distribute.
They have also said they are going to revoke my course certification meaning if they do this I am in effect trading illegally. I don't think they can revoke the course certificates because these were paid for in full.
Thank you for you help
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation please?
Customer: replied 10 months ago.
I would like to know my legal standing regarding his right to be able to pull my qualification. As the qualifications are unrelated and paid for in full I don't think he legally has the right too. I have spoken with my authorised body who has said he can not legally discuss with them any ongoing dispute between ourselves with them and he is not able to inform them if he has pulled the qualification.
What is the legal position with regards ***** ***** standards he has supplied me? The standards were included within the consultancy fees which is what I am disputing, however the copies that he has supplied me are not legal for distribution and therefore not legal. So I see 2 issues. First issue is he has breached the copyright laws, the second issue is I have paid him for a copies of the regulations in good faith which he has not supplied me.
Expert:  Ben Jones replied 10 months ago.
Thank you for your response. I will review the relevant information and laws and I will get back to you. Please do not respond to this message as it will push your question to the back of the queue and it may cause unnecessary dalays. Thank you.
Customer: replied 10 months ago.
Are you ever going to answer this enquiry?
Expert:  Jo C. replied 10 months ago.
Hi. I have been asked to look at this. Did they provide the service in question?
Customer: replied 10 months ago.
They provided the service badly. They didn't fulfil the expectations but my biggest gripe is the illegal copies of the standards
Expert:  Jo C. replied 10 months ago.
Yes, but the service was provided?
I suppose the contract doesn't say satisfaction guaranteed?
Although it doesn't comment upon their capacity to revoke the qualification though if you don't pay?
Customer: replied 10 months ago.
There are several aspects which make up this disagreement. While your advice seems to be focusing on one aspect. I will start again.
He provided me with several services, being consultancy and training. The training was successfully completed and paid for in full. The certificates are issued. The consultancy was a turnkey package which included all of the standards which I required.
This aspect of the disagreement now falls into 2 complaints by myself. The first being the service provided was not the same service as sold. The quality of the service was not as you would expect. This is the lesser of my complaints.The second issue and more major in my opinion is the illegal BS documents. They are watermarked with another companies name and state that they are unlicensed for distribution or copying. So I have in effect bought a set of these regulations from him which is has sold an illegal set. The amount of money paid I would expect a genuine set of BS documents.What I would like to know from you is can he legally revoke my qualifications because it is unrelated to the dispute and am I correct in what I am saying that he has traded unfairly and breached copyright laws by selling me a copy of the BS documents which he has no legal right to sell.

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