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LBA query
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ljonski
Posts: 3,337 Forumite
i am in dispute with a EU company that has bricks and mortar premises in the UK. Should i send the LBA to the offices in UK in which the dispute originated or to their Head Office abroad?
"if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 2017
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Comments
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What law governs the contract and which country's court has jurisdiction?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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I would say the British court would have jurisdiction.It was a financial agreement,that was conducted in person in their office. I have 2 other options to consider but at the moment i am unsure as to which one would more speedily resolve the issue.I have not had a final answer from them as yet but they hide behind their own "security" processes and am not as yet get into direct contact with anyone investigating the issue.( just passing on messages to them and they fail to contact me when they said they would)"if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 20170
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If you check the T&C's it should state something like "these terms are governed in accordance with english law and and you agree to submit to the exclusive jurisdiction of the english courts".
You may find it is not governed by english law at all (like amazon contacts/purchases arent governed by english law) and it is better to find out now before issuing a LBA rather than after you've filed against them.
Alternatively, if you're willing to give us more details of the problem etc, we may be able to advise of a different course of action you hadn't yet considered.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thanks for the reply.They obviously need and have a licence to conduct this business in the UK. When i asked about a complaint form, "they didnt stock them" , they said. I ring customer services but end up speaking to someone on the bottom rung who can't give me any information and won't pass me on directly to anyone investigating the issue. Going public is one way to solve the issue and since this dispute is about their core business and they are well known in the UK they won't like it at all !.Also the law in this area has recently been strengthened in the customer's favour and there is an arbitration panel that sits to solve similar issues- to which i could lodge a complaint with."if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 20170
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I have found out that their business in the UK is covered by Uk law and so i infer that an LBA should be sent to the office where the original agreement was entered into.
Looks like today is going to be another fruitless day of waiting for a non-existent phone call from the Manager. If they have looked into it, then they should have established by now who is at fault in this matter and their inability to contact me in the matter, makes me wonder if that they are hoping that i'll just go away."if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then it’s the state that’s become extreme".Revd Dr Giles Fraser on Radio 4 20170
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