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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44915
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently engaged a Philippine based company in some

Customer Question

Hi There,I have recently engaged a Philippine based company in some market research services, that they have completely messed up. Essentially, they have lied, made up interviews etc etc...They have no UK presence at all and although there was a written agreement, it doesn't have terms or any reference to a legal jurisdiction.Anyway, long short short because of the appalling service I have refused to pay them. They in turn are threatening to pursue a legal route and that if I don't pay, they will contact my clients directly to tell them what i am doing.On this last point, can I sue them if they contact my clients?Other than that, what can they realistically do, considering I'm in the UK and they are in the Philippines?Many Thanks
Gavin
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello again, assuming these are your follow up questions I will work on them tomorrow and get back to you, thanks

Customer: replied 5 months ago.
Hi Ben, Is there any possibility today? I posted the question yesterday and need to compile a fairly urgent response...Is it possible?Gavin
Expert:  Ben Jones replied 5 months ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 5 months ago.

I a so sorry I have just seen that the initial part of my response did not paste properly (I was on the ipad earlier hence why it may not have worked). I will just fetch it and post it again, I hope it is still in good time

Expert:  Ben Jones replied 5 months ago.

Hi there, so I think we discussed most of the options they have for suing you when we spoke last time. In reality there is very little they can do to sue you for the termination of the contract. All the threats they had made are mainly a lot of hot air. It is not that it is impossible to sue you but in reality this will be prohibitively expensive and will be procedurally rather complex.

If they were to contact your clients to advise them of your alleged breach then the position is quite similar, in a sense that you suing them is going to be quite a headache. First of all there is no immediately obvious claim to make against them. Unless there was a confidentiality clause in the contract that they have breached, the only potential claim would be for defamation, and then it would only be possible if they had disclosed false or untrue information about you. So if they contact the clients and simply inform them of the factual information that has happened then legally speaking they would not have done anything wrong. If they did provide false information then it could amount to defamation but even in the UK this is a difficult and expensive claim at the best of times, let alone suing someone across foreign jurisdictions. So you are best advised not to pursue any legal action, but you may of course use the threat of a defamation claim if needed to try and push them into considering their actions.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 5 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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