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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am owner of a business that provides first aid training,

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I am owner of a business that provides first aid training, we are regulated by the UK government and have regulations in regards ***** ***** attendance. We state in our terms and conditions that we do not permit entry onto our courses if the student is more than 10 minutes late. This is because the regulations state student must be in attendance for full duration of the course to gain certification. A particular student was 45 minutes late and was not permitted entry, she was given the regulatory reasons why. She tried to forcibly gain entry, the teacher prevented her and threatened to call the police as she become aggressive. Subsequently the student contacted us , I explained to her that she would have to rebook. She insisted we gave her a refund, but she hadn't paid us as we only get the fees from the marketing company after she attended. She never gave us the opportunity to explain this and that she should get a refund from them, when she said she worked for the BBC and she would use her connections there, to let the world know what we had done to her. We explained we cannot, and will not break legal regulations at the request of our customers. She inturned said because we did not let her in, she can say and do what she wants. She has written a nasty negative review mentioning my name, even though we could not do anything differently. Our sales have dropped to virtually nothing since the the review was posted. She got a full refund before she continued the negative review. Can we sue her for loss of earnings and as she insisted we should have broken the legal regulations and let her in and because we have not, & she was going to use her connections to damage my business which she is now doing. We have exemplary 100% positive reviews on facebook. We do accept we may get bad reviews, but her actions has caused me serious financial problems, because we chose to abide by the law. Also is there any criminal laws she has broken by expecting is to break government regulations? Here is a link to the review. https://www.tripadvisor.co.uk/ShowUserReviews-g186338-d8291853-r340910024-One_Day_Courses-London_England.html#REVIEWS
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Which part of that is untrue? What are the specific disputes?
Customer: replied 11 months ago.
The part of the review which are not true
She states in her review 'Do not book unless you want to lose your money' which is not true.
Also she states 'And then to be threatened by the manager - Charles Degraft Johnson ' I never have met her personally to threaten her and she used my name in the review associate me with being threatening.
In addition we could not offer her a refund as she requested as she never purchased the course through us we were only the course supplier so it untrue that we would not give her a refund, we were not in a position to
In addition our sales partners have reduced promotion of our business because of the bad review.
Expert:  Jo C. replied 11 months ago.
The trouble with this is that it is a case that could do either way.The only case is in defamation. It might be worth pursuing it. Even if she has no money at least you could get an order removing the review and preventing her from repeating a specific falsehood.My only concern is that what she says is basically accepted - you did refuse her entry, you did threaten to call the police and you did refuse a refund. I understand you have an explanation for those things but that is not the same thing has her having said something untrue.Defamation does also include misleading assertions though. You could drop down and rely on that. Defamation is an expensive action although you could start with a letter before action which would only cost about £100 and might be effective.Can I clarify anything for you?Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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Customer: replied 11 months ago.
Thanks for the advice
I will speak to my business partner
Expert:  Jo C. replied 11 months ago.
No problem. All the best.

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