How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7082
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I want to make a claim against Viagogo from which I bought

This answer was rated:

I want to make a claim against Viagogo from which I bought tickets online. My argument is that the site did not abide by consumer protection legislation. (I can give you the details if necessary). The CMA is now going to take action against this Viagogo for breaches in this legislation.
Responding to my first MCOL CMS lawyers wrote to say I had cited the wrong companies. Viagogo's on line site states that the company Viagogo AG is registered in Switzerland and that dealings on this site are governed by Swiss law. However, Viagogo does have a London office and CMA has been involved with this. VGL Services with a London address is a related company.
1. Can I make a MCOL against a Swiss based company?
2 If I can and my claim is ignored do I have any redress?
Thank you so much

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Did you serve the name: viagogo AG at the London address?

Customer: replied 15 days ago.
I cited 2 addresses Viagogo UK Sherbourne House*****EC4N 5AT and Viagogo VGL Services*****EC3M 4BR. CMS solicitors responded saying that there are no UK companies registered with these names. There is VGL Services Ltd and there is no Viagogo UK. I cited that because it is the web address from which I bought the tickets. Viagogo has no London address but it is clearly linked with VGL Services Ltd. The CMA is taking action in the UK. They inform me that they have no other address for Viagogo.
Customer: replied 15 days ago.
I do not wish to call you because I do not want to spend more money on this case. I have already spent £25 on the first MCOL and £38 to you. My claim is only for c £325
Customer: replied 15 days ago.
I will wait now for you response on line

Who did you pay though?

Customer: replied 15 days ago.
My Lloyds credit card company Mastercard. I pursued a claim through them for ages but they refused a refund, they said for various legal reasons to do with the status of the Viagogo site. There are many people who are very dissatisfied with Viagogo and they are nearly all refused refunds through their nabks or credit card companies

But was it the UK Company or one in Switzerland?

Customer: replied 15 days ago.
What do you mean? I paid the bill via LLoyds TSB and the statement says it was paid to Viagogo Event Tickets with a reference number but no further information. The sum was in sterling and there were no charges for foreign currency transaction. I later discovered , in very small print under the T and C on the Viagogo.co.uk site information about Viagogo AG being registered in Switzerland and dealing with it subject to Swiss law.

Can you ask your credit card company details of the merchant?

Customer: replied 15 days ago.
probably but not now as they will be shut - but why is that relevant?

Because then you know who you paid.

It is the company who you paid who you need to take to Court.

My view is that you would sue viagogo AG but could use the London address.

If they claim it is not UK law but Swiss law you could quote the Consumer Rights Act 2015 in that the terms are unfair.

Clearly, they are seeking to evade UK justice.

But I would sue the Swiss company at the UK address.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 15 days ago.
The trouble is that CMS solicitors who say they act for 'the viagogo group' say that VGL Services do not operate the website i bought the ticket from. So I have no London address for Viagogo AG although clearly they have some location in the UK. My credit card company has just confirmed that I made a payment to a Swiss company. So if as you suggest I sue Viagogo AG should I use both their Swiss address and one of the Viagogo London ones? And presumably if I am just ignored by Viagogo, which is what tends to happen there is nothing more I can do through MCOL?

Ah, ok you need to sue the Swiss Company then.

You can get a Court order in the UK but then enforcing in Switzerland is a different matter.

You dont be able to do this via MCOL as you need to serve a N510:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n510-eng.pdf

Does that clarify?

Customer: replied 15 days ago.
Would I have to have a specific form on which the state the case.
How and where do I submit such a claim
Do you know how much it costs?

N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

You sunmit to Salford:

County Court Money Claims Centre, PO Box 527, Salford M5 0BY

Fees are listed here:
https://www.gov.uk/make-court-claim-for-money/court-fees

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 15 days ago.
thank you

Great. Please do take a moment to rate before you go today please, so the site credits me for the time spent with you. Thanks