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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33311
Experience:  family solictor with 25 years experience
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Is this blackmail? Therefore we request reimbursement of

Customer Question

is this blackmail?
Therefore we request reimbursement of £995.00 for insufficient training and £495 for the counter fit equipment the total sum of £1490.00
If full settlement is not received by Monday 5th September, we will instruct legal proceedings without further notice. Notice of the action will be sent to the following bodies.
1 HMRC
2 Trading standards Flintshire
3 Trading standards Sabre
4 Health and safety executive Flintshire
Submitted: 2 months ago.
Category: UK Law
Expert:  Wendy replied 2 months ago.
Hello,
I’m a moderator for this topic. It looks like your question may have been meant for a different company. We, JustAnswer, match people with questions to Experts with answers in areas like Health, Pets, Computers, Taxes, Cars, Financial, Legal, Home Improvement and more.
Oftentimes, the Experts can help with a question like yours or I would be happy to try to assist you in finding the web address of the company you are looking for if you can confirm that for me.
Please let me know if you want to continue or cancel your question and I'm happy to further assist you.
Thank you,
Wendy
Customer: replied 2 months ago.
Is it not a legal question?
Expert:  Wendy replied 2 months ago.
I misunderstood. Thank you for clarifying your question. You are in the Republic of Ireland?
Customer: replied 2 months ago.
No wales.
Expert:  Wendy replied 2 months ago.
Thank you. I will work on finding an Expert to answer your question. Thank you for your patience.
Customer: replied 2 months ago.
Thanks. Response needed by 12:00 today 12/09 please
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I can see why you feel it is blackmail but it is entirely legal blackmail I am afraid.

You are being told what restitution for an alleged wrong is required and what will happen if it is not paid

I am sorry not to give you better news

Customer: replied 2 months ago.
could you tell me what has HMRC got to do with the process?
Expert:  Clare replied 2 months ago.

I would imagine it is some form of reference to the "Counter fit equipment"

Customer: replied 2 months ago.
Im going to send you the full email with my inteded response. Please look again.Dear *****,Before you commence a claim through the courts please consider the points of this email.If after you consider the points of the email and still wish to proceed, please be aware that I would be happy to go to mediation with this?I am disappointed that you are not allowing the time requested to gather the information I would like to before stating my views on this matter. I fell that 28 days was a reasonable time to ask for to consider all your points.I do find you 2 emails very threatening and will be seeking further advice as to whether or not you first email is actually blackmail. I do not understand the threat at the end of your email stating that if I do not refund in full that you will inform various bodies. Quite what HMRC have to do with this, I don't know? However, in the meantime I will try to answer your points bellow as I understand the situation.Firstly I would like to give you some information that you may not know and may be of some help to you.Semi permanent make up (SPMU), Permanent make up, Cosmetic tattooing and similarly named procedures for the implanting of particles between the epidermis and the dermis are all in fact tattooing procedures and are governed solely on tattooing guidelines. All the expensive companies banding around very expensive courses are doing so on the mistaken belief that there is some special certificate needed to preform SPMU treatments. There is not! If as a tattooist, I wish to tattoo a rose on a clients arm, That's OK. If I want to tattoo an eyebrow on a clients face, again there is no law to stop me. Same with lips and eyeliner it's all tattooing. Techniques and pigments are different that's all. Any tattoo machine can be used for this process including traditional tattoo coil machines.Secondly I would like you to consider 2 of a few emails from Julie:from: JULIE GRAHAM <*****@******.***>
reply-to: JULIE GRAHAM <*****@******.***>
to: Louise&paul <*****@******.***>
date: Mon, May 23, 2016 at 12:38 PM
subject: Thank youDear Louise and PaulJust a quick note to thank you so much for the SPMU training, help and support you gave over the past few days. You gave the me the confidence to feel that I really can put my dream into practice in working on live models and subsequently real clients in the near future.One thing I need advice with is marketing. If you can give me an tips and hints on how to market my services such as via internet, local press, twitter, etc I would be most grateful!Thanks again, and I wish you both a great holiday in Ibiza.Kind Regardsfrom:***@******.***
to: louise&paul <*****@******.***>
date: Wed, Jun 22, 2016 at 8:53 PM
subject: Lip procedure
Hi Paul and LouiseHope you are well. I've completed my 3rd set of eyebrows so far and have 2 more booked for next week. I've also had a lady request for eyeliner and full lip. So I need to order a lip colour in this shade in the photo. Perhaps this shade and one other redder colour for my stock. The one in the photo It's like a coffee colour with hint of pink. I also need to order 5 more needles 3F slopped. Should I order the pigment and needles through you? Also do you have any tips on performing a full lip SPMU?? I only did a lip line and lip blush during the course with you.Look forward to hearing from you.The lip procedure is booked in for Saturday 2 July so hopefully that will be enough time for the order to arrive.Regarding the healing process, Would it be ok to do the full lip and eyeliner on the same day on the same lady?Many thanksJulie1. The course was theory based and did not provide competency in performing a treatment on a live person. Extensive additional training would be required.The website clearly states that latex materials would be used for training purposes. The course will cover all you need to know about the topics below with practical experience on synthetic skinThe course did provide practical training involving flat latex skin, latex skin in the form of molded eyes and lips and a latex mannequin head.By June 22nd Julie had completed 3 eyebrow procedures, had 2 more booked in and was planning an eyeliner and lip procedure.2. The course did not cover the appropriate techniques required for applying the SPMU treatment on a live person and therefore did not meet its core training goals.The course did covered everything needed to carry out SPMU procedures safely. Julies seems to have been able to apply the course teachings on at least 4 live people to date.3. After the completion of the course it would not be safe to perform treatment with such a small amount of understanding, this could result in injury to a client.Julie seems to have performed at least 4 SPMU treatments without injury to her cl
Expert:  Clare replied 2 months ago.

From what I have read that you have sent me so far your reply is balanced and well thought through

Customer: replied 2 months ago.
to her clients. pictures taken bu Julie have been posted to us.4. At completion of the course Julie was signed off and given a certificate to indicate competency which was not the caseJulie was issued with 3 certificates in infection control, an A4 size wall mount certificate, a 3 hour CPD time credit statement and an evidence based training. Julie was also issued with a certificate stating that she had completed a 3 day course in SPMU techniques.Former students have opened their own studios with the help of our courses and certificates.
.
5. The equipment purchased from you was sold as a Sabre SPMU rotary machine however this was a counter fit item which contradicts the training in infection control/risk of cross contamination that you indicated to be of the utmost importance in SPMU.We may or may not have inadvertently infringed on a copyright issue. The machine was sold to Julie as a Sabre machine but was in no way indicated to her that this was manufactured by the Sabre tattoo machine company. The Sabre company was only pointed out to Julie and myself many weeks later.Julie purchased the machine on the grounds of price and preference as she had used the machine extensively during the course.I have offered Julie a refund on return of the machine, power supply, needdles and cabling to which she declined. I did refund the paypal payment of £34.99 deposited into our paypal account for needles.from: louise&paul <*****@******.***>
to:***@******.***
date: Tue, Jul 19, 2016 at 6:31 PM
subject: Re: SpmuHi Julie,Rather than get involved in a dispute with you regarding your so called failings of our training, whether or not we need a nationally verified certificate to teach tattooing etc.We are prepared to offer you a refund of £ 180 on return of the tattoo machine, power pack, needles and cabling. We will also refund the £34.99 deposited into our paypal account for needles.Please note we in no way admit any of your claims or allegations. This is a good will gesture.6. The equipment has been inspected and confirmed counter fit model XD6502 from China, in addition the equipment is dangerous and can spread infection.The machine can be broken down and disinfected as can most tattoo machines. Many tattooist use traditional coil machines with traditional needles to preform tattooing and SPMU. These traditional needle tubes have no membrane to stop liquids passing up to the machine. The machine can still be disinfected to an acceptable standard without the use of an autoclave. This is standard practice for the industry. This was demonstrated and explained to Julie.7. The needles provided by you for the counter fit device are not kite marked and again substandard with significant risk of danger with air flowing both ways through the cartridge allowing blood to get into the machine and hence cross contamination when used on a live person.Please see Answer Q68. You have not provided proof of any adult educational certificate level 3 or above (PTLLS) which is required in order for you to provide training to the required level.You do not need a certificate in teaching to teach tattooing. Studios all over the country are teaching tattooists without teaching certificates. SPMU is now becoming a part of the modern tattooists portfolio.9. The problems Julie experienced whilst performing SPMU on members of the public since attending your course were brought to your attention but no adequate advice or ongoing support was given.Where did Julie carry out these procedures? Were they within registered premises?
Between June 8th and July 6th There was a 22 part email thread between Julie and Louise. (All Julies questions were answered within 24 hours) I will post the whole thread at the end of this email. I to was emailed by Julie asking if I would email her a copy of her SPMU certificate as she had lostl her documentation from the course. This was emailed to her within 2 hours10. There were a number of items listed as being included on your course agenda that were not covered during the course. These items made up approximately 25% of your course. In particular:Practical SPMU - Lining and block colour, shading eyebrows, powder effect, 3D lips were not included,These items were covered. Have a look at the practice skins that Julie took from the course.Stencil making – Lip line and eye line,You do not make stencils for lip line and eye line, The lines are already there!Lining Techniques – sculpted lines, thick/thin lines were not covered,These items were covered. Have a look at the practice skins that Julie took from the course.SPMU consumables – Advice on pigments, needles, internet supplies were not covered,These items were covered. Pretty simple internet searches for major SPMU suppliers.Marketing – internet, ca
Customer: replied 2 months ago.
Marketing – internet, cards, local press, facebook/twitter were not covered. Julie sent a follow up email after the course asking for advice on marketing but she received a response saying that you were too busy to respond.The correct response that I sent to Julie is posted below.from: louise&paul <*****@******.***>
to: JULIE GRAHAM <*****@******.***>
date: Mon, May 23, 2016 at 2:33 PM
subject: Re: Thank you
Thanks Julie. I will get back to you about marketing in a few days. Just a bit busy at moment.Thanks again it was a pleasure teaching you both.Paul and louiseTherefore we request reimbursement of £995.00 for insufficient training and £495 for the counter fit equipment the total sum of £1490.00I feel that the training was adequate for Julies needs. As stated above 4 live clients have been tattooed without harm.The equipment formed part of a kit containing many consumables which would have been used on the procedures that Julie has preformed. The kit as a whole is in a used or partially used condition. I have offered Julie £180 for the return of the machine, power supply, needles and cabling.Best wishes,Paul.One email thread below demonstrating ongoing support:
Customer: replied 2 months ago.
END
Expert:  Clare replied 2 months ago.

As I said your response is clear and well thought out - but the letter from them does not amount to criminal blackmail

Customer: replied 2 months ago.
ok thank you
Expert:  Clare replied 2 months ago.

You are welcome - good luck