Ombudsman Service 0006 to 0009 – UPHELD – Non-delivery of services/products
Non-delivery of Services and Products, and Unprofessional behaviour of the Respondent.
Date Lodged:20th August 2020 .
Reason: Non-delivery of Services and Products Following on from a review of the information received, it was determined that there were four complaints:
Non-delivery of Services in line with signed Agreement (under the Governing Laws of England)
Courses (2) sub-contracted to a Professional Body accredited Private Commercial Training Organisation.
Unprofessional behaviour of the Respondent. .
Outcome: UPHELD .
Outcome Issued: 4th December 2020 .
Actions, Recommendations, Sanctions:
Respondent: Sanctions .
Dates that Actions, Recommendations, and/or Sanctions Lifted: The Ombudsman Service has not received an application for these recommendations/sanctions to be lifted. Should an application be received to lift these recommendations/sanctions, this Case Study will be updated.
The Respondent selected not to respond to the Ombudsman Service emails but explained that he is unable to deal with these Formal Complaints at present due to a very full schedule; and that his solicitor would respond on the Respondent’s behalf in due course.
The solicitor explained that he had reviewed the paperwork and was waiting for his client’s instructions, but noted that his client’s company was in Hong Kong and requested a clarification of jurisdiction.
This clarification has been provided to both the solicitor and the Respondent; since which neither have selected to respond to the Ombudsman Service communications.
The Head of Ombudsman Service confirmed that Point 2. Setting and Managing the Relationship, specifically 1. Establishes had been breached by the Respondent, as the contract/agreement includes the points below which do not relate to his Hong Kong company:
The Respondents name and address registered under the initial paragraph is his personal name and a UK address.
The Respondents name and address registered under the ‘Notice’ clause is the same personal name and UK address.
The ‘Governing Law clause’ includes “It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.”
The payment was made to a UK bank account and not a Hong Kong bank account.
It has been determined that these Formal Complaints relate to Managing Expectations, the Quality and Quantity of Services delivered or not delivered, and the Professional and Ethical Behaviour of Respondent.
The Ombudsman Service has identified that in these Formal Complaints the Consumers are the Coachees/Mentees of the Respondent; and that the Respondent has sub-contracted two elements of his contract to a Private Commercial Training Organisation (who has had one of the sub-contracted elements accredited by a Coaching Professional Body.
When the Respondent received an email from one of the Complainants in relation to progressing the contract, he responded and asked the Complainant no longer contact him, but contact his solicitor instead.
Informally sub-contracting part of a contract without the clarity of who is responsible for the support and complaints of the Complainants.
The Respondent appears as a Director on the Private Commercial Training Organisation’s website, but not on UK Companies House as a registered Officer of the company.
To address the Complainants expectations and dissatisfaction, the Ombudsman Service sanctions the Respondent to contact all of his Consumers included in this Formal Complaint and all other Consumers who have at any point expressed their disappointment in his services or have indicated that they wanted to cancel their agreement and:
Agree to continue to work with the Consumers in a professional manner that befits a Coach and/or Mentor, to the fulfilment of his commitments in his adverts and contracts/agreements. .
Cancel his contracts/agreements and provides each Consumer with a full refund based on the value documented in his adverts and/contracts. and agreements.
The Ombudsman Service has not received any applications for these actions, recommendations, and sanctions to be lifted. Should applications be received to lift these actions, recommendations, and sanctions, this Case Study will be updated.
Dated: 4th December 2020
International Regulator of Coaching and Mentoring (CIC)
27 Old Gloucester Street, London, WC1N 3AX, United Kingdom
By IRCM CIC|2021-02-25T18:50:27+08:00December 4th, 2020|3. Final Decisions|Comments Off on Ombudsman Service 0006 to 0009 – UPHELD – Non-delivery of services/products
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