Law question between UK and America - very angry.

luvavacation

DIS Veteran
Joined
Nov 23, 2006
Messages
913
I posted this on the main Community Board, but thought I would repost here, just in case someone from the UK knows the legalities of my problem.


I live in the US, and recently had dealings with a company in the UK that I paid a sum of money to in exchange for an event. The event was not as advertised, and what was promised was not delivered in the manner I was expecting.

All correspondence was through email.

The company I dealt with is legit, and has good ratings. There were lots of emails back and forth between me and the owner of the company (the person that sold me the event) regarding what was included, and other small talk. I felt confident when sending payment (not by credit card, as that was not an option, so I can not recoup my money this way).

The company is stating that the problems I encountered were the fault of the event supplier, not the company. I was never told there was anyone else we were dealing with. I knew only of the company I sent payment to and spoke with. If I knew there was some other company involved, I would not have paid for this.

After much back-and-forth, and the company rep being rude and condescending (she is not the person that I had originally spoken with, she is the person that supposedly handles the financial aspect of this company), I have been told that I will have a refund of what amounts to 3% of my payment, and I must sign a gag order that prohibits me, or the people that were with me and also were affected by the mess of the event we paid for, from posting anything at all about this company anywhere at all, and I must not speak of it to anyone. I am furious about this.

Is this legally possible? If I, in America, sign a legal document of a gag order from the UK, can I be held in contempt of said document? The document states that if I say anything, I will be fined $240,000. Really?

I don't have a personal lawyer to call right now, as it is very early in the morning here, but the UK is 7 hours ahead and the representative wants the papers signed right away so they can "be rid of your delusional self". I was not pleased with the small amount of refund as it is, but to now have to sign a gag order to receive anything, I am beyond not pleased. I was hoping someone would have a legal opinion on how this works between two countries?

At this point, if I am legally bound by signing these papers, then I would rather not sign and just write my opinion of this company, backed up by the emails, on every internet outlet I can find. The refund doesn't seem worth my silence.
 
Im not at all up on any legal side of things, but didnt want to read and run. Im not sure I would be happy with a small return like that either! Did they say why you couldnt pay with a credit card? How did you make payment?

They obviously dont want bad publicity and with social network the way it is these days I can see why,but companys these days take the bad with the good and try to make good any complaints as they know that good publicity is a sales booster on the network if they get it right, however a gagging order sounds way over the top.

I hope somebody with more legal know how than me can help you, but please come back and let us know how you get on. Good Luck:)
 
I'm sorry to hear this & afraid I have no legal experience so cannot help with that. It does sound like they are trying to get rid of you as quickly & quietly as possible. I think for 3% I would be tempted to call their bluff. It's strange that you were unable to pay by cc, I'm wondering if their were covering up something?
Did you pay by debit card? You may be untitled to claim through that.
 
Pile of tosh. A company in the UK cannot enforce a gag order on someone on another continent. I'm no lawyer, but I'm not stupid either. The fact that they wouldn't accept payment by card is enough to raise a red flag; and I would encourage you to name and shame these charlatans.

There are consumer laws in the UK that protect buyers (presumably the company you made this purchase from are registered in the UK and are a legal company). I'm not sure if these protections extend to customers outside the UK. If something was advertised (in this case, I presume access to some 'streamed' event) - and it was not delivered as advertised; you would be entitled to a full refund.

Though I have to wonder whether or not the company was legit to begin with.

Either way, I wouldn't take the 3% refund; I can't imagine it being substantial in any way shape or form; and tell them you plan to kick, scream and shout about it on every social platform available.

Sounds like they have something to hide. You might just scare them into a full refund.

Good luck.
 













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