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hi .. my name is XXXXX XXXXX i am dealing with a company in china

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.6 %
  • Accepted Answers: 23955
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in UK Law

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Customer Question

hi .. my name is XXXXX XXXXX i am dealing with a company in china who we buy mattresses from... they gave me credit on each consignment . i received 1 x 40ft and 1 x 20ft and the goods had a bad smell from them .. i paid oney to them and owe a balance of 24k usd ... then they sent to me another 40ft of mattresses [ 2nd container .. after a while a found out it was faulty and then all mattresses started to return from customers .. however i did owe the money for this load ... then another 40ft arrived [ i owe money for this also ] ... but now a customer of mine opened up one of the mattresses from the 2nd 40ft mattress load and to there horror and my horror ... the fam was like a jigsaw puzzle and was glued together etc .... really bad ... the customer has reported my business to the trading standards and now rumours are out there with my name and business suffering . i sent all the photos of all the mattresses to the supplier and they sid they were responsible for this and they would let #3 load replace #2 load with no payment charged .... however my business has suffered and it is continuing to do so .... so right now i have stopped dealing with the supplier and i owe them 40k usd taking away the bad container and replacement container .... 2 questions really ... i have told them that am not gong to pay them anything now and they said they will sue me for the balance .... then i said if i go to sue you it will cost you more ...... can they sue me in the uk ??? is it worth my while suing them ??

hopefully i have not confused you

 

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System of Law: Northern-Ireland

Already Tried:
nothing ... as this has finally cme to head today

Submitted: 320 days and 1 hours ago.
Category: UK Law
Value: £43
Status: CLOSED

Accepted Answer

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Expert:  Jomo1972 replied320 days and 1 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

They can sue you in the UK as at least a part of the contract was performed in the UK.

However, it is quite expensive to do that and would only be worth taking action for very high claims. In fairness, if this is 40k in US Dollars then thats probably not insignificant here.

You can defend on the basis that the goods were not as described if they do take that action.

You cannot really sue them for anything unless you can show that you've suffered loss as a result of this I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 95.6 %
Accepts: 23955
Answered: 8/3/2012

Experience: Bar Exams, over 5 years in practice.

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