Consultant Person who implemented ALSO the Registrar Auditor?

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R

Reg Morrison

#12
The problem is this first company now has attorneys after us trying to get money for the years we were supposed to stay certified with them. Just trying to see what I can do.
Did the contract you signed with them had stipulations for that?

You can counter threaten them by mentioning that you can expose who they are and the scam they pull by making their names public in places such as The Cove, LinkedIn, etc...I am sure they will not want that kind of publicity.....
 
M

MIREGMGR

#13
I suggest that no one should make "counter threats" in USA without their lawyer's specific advice.

In the circumstances you already should be working with your lawyer anyway so perhaps this is an unnecessary comment.

For other readers, though, any communication that can be construed as a threat--even as a counter threat--might itself be a legal offense, potentially amounting to commercial extortion or the like, in USA. Not a good place to go without legal guidance.
 

John Broomfield

Staff member
Super Moderator
#14
We ended our contract with this company due to this deception and conflict of interest and are now certified through a well known company. The problem is this first company now has attorneys after us trying to get money for the years we were supposed to stay certified with them. Just trying to see what I can do.
If you paid for accredited certification and you did not receive accredited certification then you are entitled to break the contract.

...indeed, a contract cannot be based on a fraud.
 
P

pldey42

#16
I suggest that no one should make "counter threats" in USA without their lawyer's specific advice.

In the circumstances you already should be working with your lawyer anyway so perhaps this is an unnecessary comment.

For other readers, though, any communication that can be construed as a threat--even as a counter threat--might itself be a legal offense, potentially amounting to commercial extortion or the like, in USA. Not a good place to go without legal guidance.
I think this is correct. Naming the company would, I believe, expose both the poster and Elsmar Cove to libel action. I understand that entire websites have been closed down because they did not manage libellous posts correctly. While UK libel laws are stupendously restrictive, my understanding is that in cases like this the USA would be equally strict.

Pat
 

Wes Bucey

Quite Involved in Discussions
#18
I suggest that no one should make "counter threats" in USA without their lawyer's specific advice.

In the circumstances you already should be working with your lawyer anyway so perhaps this is an unnecessary comment.

For other readers, though, any communication that can be construed as a threat--even as a counter threat--might itself be a legal offense, potentially amounting to commercial extortion or the like, in USA. Not a good place to go without legal guidance.
Absolutely! Over the years, my company and client companies have been involved in hundreds of cases (both as plaintiffs and defendants) and I can attest that bluffs and threats without the advice of counsel only exacerbate the situation.

In one case, we got a directed verdict in our favor on the first day by producing a letter from the president of the opposing company which the judge ruled was a blatant attempt at extortion and referred to the criminal side District Attorney for investigation. In truth, it was just a hot-headed jerk who was stupid enough to threaten our accountant trying to collect a debt with the equivalent of offering to take him in the alley and beat him to a pulp. (It would have been interesting since our accountant was a young woman who was a champion power lifter named Frances - she could have probably clocked the guy in 10 or 12 seconds.) The fool didn't know the naming protocol (Frances for females, Francis for males.)
 
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