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Markmart

Member
11 September 2020
3
0
1
I asked for a service from an online company to get RSA certificate

I was not happy with the service as they asked me to provide the same documents.

I asked to cancel the service and demand for a refund. Without my knowledge the requested documents were submitted on my behalf.

I told them if they don't issue my refund, i will leave a review.

Today they emailed me and say this is extortion and if i don't remove my feedback they will sue me and they won't issue a refund because the certificate is already provided by them.

My question is if i dont delete my review, am i doing something illegal? Why did they say they will call police and sue me for defamation?
Thanks
 

Jarob

Well-Known Member
25 December 2018
28
0
121
You need to describe what happened in better detail. The content is all over the place.

However from you wrote that is not extortion, the cops would never go near it. Extortion isn't trying to gain back money for a service your not happy with. Cops wouldn’t go near criminal defamation either. It’s all a bluff.

From a civil defamation perspective, if the company has less than 10 employees the corporate entity may have a case to take you on because it seems you got what you were after. Not sure about that because your content is confusing.
 

Markmart

Member
11 September 2020
3
0
1
Basically, they provided me the service. I received my RSA certificate.. just before i received my certificate, they asked me to resubmit my documents again.

I said i don't want your service anymore however i accidentally provided the documents they asked for.

After i received my certificate, i asked them to issue my refund because I was not happy with their service.

i emailed them and said " if you don't issue my refund, i will call my bank and leave a negative review on social media.

He emailsed me his answer was this "
We also note you are threatening us with posting negative comments on Product Review and Face Book if we don’t give you a refund for the product you have received. This is called extortion!



We have been advised to notify the relevant statutory bodies of your actions. This will include the Police, ACIC and any another authority which deals with these matters.



We note that despite receiving the product you have already made negative and defamatory comments on Product Review which can hurt our reputation and brand and cause financial hardship to our business.



In good faith we will require you to remove any negative reviews on any site and on any platform. We require this to be done by 12pm Monday 28th of September 2020. Should this be done no further action will be taken. If you do not take down the wrongful claims we will pursue legal action


You need to describe what happened in better detail. The content is all over the place.

However from you wrote that is not extortion, the cops would never go near it. Extortion isn't trying to gain back money for a service your not happy with. Cops wouldn’t go near criminal defamation either. It’s all a bluff.

From a civil defamation perspective, if the company has less than 10 employees the corporate entity may have a case to take you on because it seems you got what you were after. Not sure about that because your content is confusing.
 

Jarob

Well-Known Member
25 December 2018
28
0
121
The bottom line is you made a trade with this business. A swap of money for a service. Your not happy with the service and you want your money back. If you don’t get your money back and you feel it isn’t fair you have a right to warn other consumers.

If you get your money back your not gaining anything. Your back to square one, therefore it cannot be extortion. It’s simply a disgruntled consumer wanting their money back and if it doesn’t eventuate other consumers will be warned. No chance the police would go near this. It’s an emotional threat.

Civil defamation is a different story though. If the business has less than 10 employees the business itself can sue. If the company has 10 or more employees only an individual can sue and that can only come about if you name someone or refer to “the management” for example. However either way the case can only be successful if the plaintiff proves there was either a monetary loss or hurt resulting from damage to reputation. Hardly an outcome from one review.

Defamation proceedings is serious business. Very expensive and a lot of prerequites need to be satisfied to be successful. Businesses get bad reviews all the time but some do sue.

Im a little confused though. You got your certificate so what is the issue. How have you deemed the product bad!
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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I’m more concerned about how you think you’re entitled to a refund. You’re unhappy because they asked you to resubmit documents? They wouldn’t have asked if there wasn’t a problem with the first submission, and being RSA they are no doubt a Registered Training Organisation. Not only are the regulator’s (ASQA’s) requirements stringent, it is effectively a licensing outcome and the compliance requirements are higher.

You got what you paid for. I think you demanding a refund in the circumstances is unreasonable.
 
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Jarob

Well-Known Member
25 December 2018
28
0
121
Well, the fact he hasn't the sincerity and decency to respond to any posts or a thankyou helps to sway that his conduct towards the business may in fact be unfair. Seems like this individual only looking out for himself.

Businesses are owned by real people and be fair when dealing with them because the people behind them still need income just like anyone else.