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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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until recently i have been working in Asia. whilst i was there

Customer Question

until recently i have been working in Asia. whilst i was there i took out and investment plan with a company called Austin Morris Associates. what i thought was a 5 year plan turned out to be a 25 year plan. my age a t the time of the initial set up was 50 years. this means the plan will not mature until the age of 75, if i live that long. As the plan was with Friends Provident based in Isle of man. I contacted them, they said they are not responsible for their agents outside UK. I then contacted the Ombudsman he basically told me the same, he could not act outside the UK. I have now returned home and need the money i can't get it back. what should i do ? where ca i go from here ??
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Why did you think it was a 5 year plan? Do you have any evidence to support your claim that it should have been a 5 year plan? Is the company based in China?
Customer: replied 3 years ago.

The only evidence i have is the projections he showed me during our initial talks these projectstions were for 5 and 10 year plans.


Also the final documant which i signed was filled out in from of me. But my payment details and the lenght of term were not filled out in front of me. this was done later in another persons handwritting.


 


Yes the company is based in China

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

I am afraid in that case you will need to challenge the company in China by possibly filing a court claim against it on the grounds of misrepresentation if you wanted a 5 year plan and were issued with a 25 year plan instead.

You would very likely need to appoint a local lawyer there to file a claim on your behalf to have the plan set aside on the grounds that there was no "meeting of the minds" and as such no valid contract was formed, subject to what local Chinese law says.

There is not much that can be done from here.

Hope this helps