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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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Is a UK company selling product on behalf of a company abroad

Customer Question

Is a UK company selling product on behalf of a company abroad still legally binded to their customers here in the UK if they were the ones who received the payment?

Can terms and conditions wave my rights as a consumer?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

To clarify have you purchased something from a UK supplier and paid the UK supplier directly?

Is the UK supplied now saying you have to claim the money back from the foreign company? Where is the foreign company based?

Kind regards

AJ
Customer: replied 3 years ago.

Hello AJ.

 

I purchase an Internship package from a company based in the UK, their partner company is based in China. I paid £695 to get 4.5 months of teaching experience teaching in China.



 

 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I will review this and respond within the hour.

Just to confirm. Did you send the money to an English Bank Account?

Kind regards

AJ
Customer: replied 3 years ago.

I paid with my debit card an English bank account, yes.

here is the terms and conditions, and the pdf file with the letter.

https://XXXXXXXXXXX/XXX/X/XXXXXXXXXXXXXXXXXXXXXXXX/XXXX?XXX=XXXXXX

Customer: replied 3 years ago.

*I paid with my debit card to an English bank account, yes.

Customer: replied 3 years ago.

https://XXXXXXXXXXXX.XXXXX

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I have had a look at those terms and conditions.

When you paid the money did you have the name of the recipient bank account? Was it the English Company?

Kind regards

AJ
Customer: replied 3 years ago.

This is what shows on my bank statement.

03/12/2012XXXXXXXXXXXXXXXXXXXXXXXXXXXX£695.00

 

This what i was promised at the time of purchase, they have change it now.

Hi XXXXXX

Thank you for your interest in i-to-i.

Our China internship is a great way to gain valuable teaching experience in a supported/organised environment. If you are ready for a challenge and love experiencing new cultures this is the perfect programme for you!

The cost of the China Internship programme is £695;

Follow this link to find out more - XXXXXXXXXXXXXXXXXXXXXXXXXX

You will also need to for your entry visa, flights to Beijing, and for a visa extension that you pay online before arrival and then of course some travel insurance. Things like flights, insurance and visas cannot and should not be arranged until after you have booked your space and been accepted on the programme.

On booking your space on the China internship we will set you up with an online account holding your course information (if applicable) and details on the internship programme. You will gain access to your online theory training at the time of booking so you can start this straightaway! You’ll attend your 20 hour practical weekend course in Beijing during your orientation.

This account will also hold an application form and list of documents that need to be sent directly to our partners XXX (CV, covering letter etc.). On receipt of these XXX will then contact you regarding the next stage. It is not a guaranteed position, candidates will go through an application and interview process before being accepted. In the event that you are not accepted on this opportunity you will get a refund of the internship amount minus the cost of the XXXX training which you will have undertaken at this stage.

What you need:

• You need to be able to arrive in China on February 17th 2013 and stay for 5 months (ends July 15th 2013)

• To have completed high school/secondary school

• To be 18 years or older

• 140 hours of comprehensive XXXX training (you’ll do your 20 hour Classroom Course in Beijing before your internship starts!)

When You Arrive In China:

• 4.5 months practical teaching experience in China with a reputable partner/school

• Full Visa Assistance

• Living allowance of 2,000RMB (£200) provided per month

• Completion bonus after your 4.5 months of 2,500 RMB (£250) - perfect to fund ongoing travel plans

• 24/7 in-country support + local support

• Accommodation + food provided - You’ll live in a private bedroom in shared accommodation and receive all meals Mon – Fri at your school

• Airport pick-up and transfers to your school

• A fully comprehensive 5 day orientation – Covering the essentials of living and teaching in China, including basic Mandarin lessons, a tour of Beijing, in-depth presentations and workshops to ensure you’re ready to start teaching in China.

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. I to I UK Limited is an English Company based in XXXX XXXX XXXXXX. No. XXXXX . If you paid the money to this company and you are seeking a refund then this is the company you must pursue. They cannot malign your consumer rights by contracting out of them. Can you explain why you are seeking a refund? Kind regards AJ

Customer: replied 3 years ago.

failed to provide the 4.5 months of practical experience which it was an essential part of the contract.

When they did finally gave me a placement (after the 2 weeks deadline) the sent me to a place where the living conditions were just unacceptable, Two other interns had left their placement due to problems and they sent us just to cover up for them. We were in Inner Mongolia where temperatures are bellow 0 at the moment, and we had no heating, no bedding, and the place was filthy! I spent a whole day cleaning but even after all that time it was just unbearable. I took the pictures after cleaning (should have took them before I started cleaning).

 

You can read the whole story in the letter i sent to XXX.

https://XXXX.XXX.XXX/XXX/dX0XXXXXXXXXXXXXX/XXX?XXXX

So... Where do I stand AJ?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

They may be in breach of the the following terms:
- Breach of an express term of the contract to provide 4.5 months of practical experience;
- Breach of implied terms under the Supply of Goods and Services Act 1982 S.13 to provide the services with reasonable care and skill.

Write to them and demand a refund. If they do not give you a refund you can either:
1. Commence a money claim against the English company - You can start a money claim here - www.moneyclaim.gov.uk;
2. You make a complaint to your local branch of trading standards - www.tradingstandards.gov.uk

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Thanks AJ,

Would I be able to claim for the associated costs incurred?
eg . Flights, visa fees, etc. and how likely is this claim to be successful? could you explain a little further?


Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

You can claim for any losses that are a natural consequence of their breach. This includes lost fees and flight costs. You would need receipts to show these expenses have been occurred.

You would need to gain evidence to show they have been negligent in providing the service and failed to provide the service actually offered.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

The company abroad sent me an email saying they would not consider my request. so I emailed the UK company, they replied saying they would solve the matter within 21 days (over due by a week on Tuesday). Last Sunday the company abroad email me saying they would make me an offer within 48 hours, they replied just yesterday and only because i emailed again. their offer is a 50% refund for the price of the package, which I am not happy at all. as I spent a lot more money in associated costs.

I am still awaiting for the UK company to reply, however I am wondering if I am in a stronger position now that they have made an offer which implies acknowledgment of their mistakes?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Well it certainly suggests that they realise they are at fault.

The question is, how much more time do you want to spend on this? Would you accept 75% or do you want the whole lot as a point of principle?

Kind regards

AJ
Customer: replied 3 years ago.

AJ,


 


Their product costs £695 but to all that you have to add Flight tickets, their "visa services", the actual visa fees and insurance which adds up to £1700 plus.


 


And... you need to add all the money I spent while I was in China (1 month). So as you can imagine, £350 sound like a bit of a joke to be honest.


 


If they offer me 75% of that £1700 I spent, I would be very happy!

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I would suggest you write to them with a counter offer of say £1,500. If you mark the correspondence "without prejudice" this will let them know you are contemplating litigation and also they wont be able to use this admission against you.

You can use £1,500 as a bargaining point however you must itemise to them what your exact losses so they know why you are asking for so much more.

Hopefully you will be able to settle at around £1000 - £1300. If you cant then the County Court will be your next stop.

I look forward to hearing from you.

Kind regards

AJ

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