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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an issue with an investment that I made in the US which I need advice on. Is this s

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I have an issue with an investment that I made in the US which I need advice on. Is this something you can help with please? We sent a significant amount of money to a company in the US to invest in a hedge fund in exchange for a loan to buy a house in Florida. The funds were never sent to purchase the house and the contract to buy the house was extended 14 times before falling through. I am now trying to get my money back but even though the guy is emailing me fairly regularly there is always a reason, a problem or an excuse as to why the money has not been sent back.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Did you sign a contract, if so what does it say about which jurisdiction its governed by?Alex
Customer: replied 1 year ago.
Hi Alex, thank you. Yes, a contract was signed. I have just gone back over the paperwork and it states "This Subscription Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands."
Expert:  Ash replied 1 year ago.
Thank you. In that case sadly I can't help you. This is because as a UK Solicitor I can only tell you about UK law and what would happen if the contract was based here. I would tell you the following:You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.However as this is governed by the law of the BVI you would need to issue proceedings THERE against the company. As I am a UK Solicitor I know notihng about BVI law or its procedure - although its likely to be similar as a former colony.But either way you need to sue in the BVI.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
Thanks for your help Alex, appreciate it. This has given me a starting point at least. I understand what you have said, so no need to clarify. Thanks again.
Expert:  Ash replied 1 year ago.
Good luckAlex

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