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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9683
Experience:  I have been practising for 30 years.
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A supposedly online training provider called careerera (see

Resolved Question:

A supposedly online training provider called careerera (see www.careerera.com) made an advert on LinkedIn looking for franchisees for their business in Africa. They asked for payment first before one can do anything with them. I paid for two countries; Cameroon and Nigeria. I paid a total of 4000 dollars for both countries. They asked for the payments before signing any contracts. I later on signed for Cameroon, but have not yet signed that for Nigeria. I later on saw that it was not possible for me to operate in Nigeria; since i am not originally from there. I asked for a refund; which for the past 6 months they have been turning me around about the refund. About Cameroon, i set up an office there to start operating. I even travelled to Cameroon with the understanding from them that they had all material ready for Cameroon to go operational. Only for me to keep pursuing them for over 2 months to put material and everything in place in order for us to go operational there. I have now given up; as this whole thing sounds like either a Scam or risky business for me. Being their representative in Cameroon, if i go promising people things on their behalf and they don't deliver as they have proven to me; i will be the one to be pursued legally by the people in Cameroon and not them.
Thus i want to stop this whole thing and have them refund the 4000 dollars i paid them. But just by dialogue, they are not willing to refund the monies. What can i do in this case? And can you be of any help to me? They claim to be an Indian and US company.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  F E Smith replied 1 year ago.

Where are they based?

Where are you based?

How did you pay this money?

Customer: replied 1 year ago.
They are based in India and partially in the US.
I am based in Reading in the UK.
I paid via Paypal
Customer: replied 1 year ago.
I have the invoices of the payments made via Paypal. They are registered in the US and India
Expert:  F E Smith replied 1 year ago.

Have you filed a dispute with Paypal? Failed to provide goods or services?

Customer: replied 1 year ago.
No i haven't done so. Is that a good option for me? Or what can you advice generally or what are my options?
Expert:  F E Smith replied 1 year ago.

PayPal have an excellent refund policy altogether certain what the criteria are and there is certainly a timescale within which you have to make the complaint. Have a look at their terms and conditions to make sure that yours fits within the refund buyer protection policy (I am not certain what they call it) and submit a claim. I think that as this was entered into on 2 July 2015, you may now be outside the timescale for PayPal to deal with the issue but by all means try.

Other than that, the company appears to be registered in MA in the United States and if you’re going to sue them because they will not give you your money back (assuming that you are entitled to your money back) then unfortunately, it’s going to have to be done in the United States. There is no reference that I can see to any Indian address although there are various references to India and an Indian company. However it clearly says the company is incorporated and registered in USA.

The Memorandum of Understanding is extremely disjointed and doesn’t follow any logical sequence and if you had put that document in front of a solicitor and asked whether you should have signed it, and party with any money, the answer would almost certainly have been no.

It is possible to issue proceedings in the United Kingdom but the court would have to decide whether this contract came under United Kingdom law or United States law. If it did decide that United Kingdom law was applicable, you were successful in court, you would then still have to enforce the United Kingdom judgement in the United States which would obviously involve United States lawyers.

Suing a party a cross-border is financially not really viable if the amount being claimed is under about £15,000.

Can I clarify anything for you?

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