What can I do to get my money back from a US business?
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What can I do to get my money back from a US business?
I am based in the UK and paid for a service that was advertised but the business was generated after a series of emails. The agreed service was to pay 3.50 per online email lead generated, the total sum plus set up was $365.99. After declining to accept normal methods of payment, we compromised and did a bank transfer with a company, which not only has all records but also their bank account details. The order was processed and collected, and they assured me the service began. It was after 2 months of no leads generated that we grew our suspicions. Now understandably that these things can take time but they re-assured us that it was working. We have been talking to them about refunds and for them to provide any evidence but since last month they have failed to cooperate or issue any evidence. What can I do to claim the money back or at least resolve this? We have all communications saved and transactions stored.
Asked on February 19, 2016 under Business Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The only way to get your money back would be to sue them. However, while you can try to sue in the UK, on the theory that they did enough commerce or had enough contacts there to submit themselves to UK jurisdiction, don't be suprised if you have the case dismissed for lack of jurisdiction and have to sue where the defendant is based (e.g. if you local court feels their contacts are insufficient to impose UK jurisdiction on them). Even if you can sue in the UK, if you win, you still need to collect; if they won't pay the judgment voluntarily, you'd have to get the judgment enforced in the U.S., by the courts where the company is, which is not necessarily simple and which will cost you money--filing fees at a minimum; and possibly legal fees for a U.S. lawyer. It is not likely to be the case that it is economically worthwhile to pursue this matter.
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